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From Maimonides to Microsoft - The Jewish Law of Copyright Since the Birth of Print (Hardcover)
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From Maimonides to Microsoft - The Jewish Law of Copyright Since the Birth of Print (Hardcover)
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Jewish copyright law is a rich body of copyright doctrine and
jurisprudence that developed in parallel with Anglo-American and
Continental European copyright laws and the printers' privileges
that preceded them. Jewish copyright law traces its origins to a
dispute adjudicated in 1550, over 150 years before modern copyright
law is typically said to have emerged with the Statute of Anne of
1709. It continues to be applied today, notably in a rabbinic
ruling outlawing pirated software, issued at Microsoft's request.
In From Maimonides to Microsoft, Professors Netanel and Nimmer
trace the development of Jewish copyright law by relaying the
stories of five dramatic disputes, running from the sixteenth
century to the present. They describe each dispute in its
historical context and examine the rabbinic rulings that sought to
resolve it. Remarkably, these disputes address some of the same
issues that animate copyright jurisprudence today: Is copyright a
property right or a limited regulatory prerogative? What is
copyright's rationale? What is its scope? How can copyright be
enforced against an infringer who is beyond the applicable legal
authority's reach? This book introduces copyright scholars,
students, and practitioners to an entirely new narrative and body
of copyright jurisprudence. Presenting new material regarding the
operation of the Jewish book trade and some of the leading disputes
affecting it, Professors Netanel and Nimmer examine how copyright
disputes arose from their respective historical contexts and, in
turn, reverberated through Jewish life. From Maimonides to
Microsoft examines how one area of Jewish law has developed in
historical context and how Jewish copyright law compares with its
Anglo-American and Continental European counterparts.
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