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From Maimonides to Microsoft - The Jewish Law of Copyright Since the Birth of Print (Paperback)
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From Maimonides to Microsoft - The Jewish Law of Copyright Since the Birth of Print (Paperback)
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Jewish copyright law is a rich body of jurisprudence that developed
in parallel with modern copyright laws and the book privileges that
preceded them. Jewish copyright law owes its origins to a
reprinting ban that the Rome rabbinic court issued for three books
of Hebrew grammar in 1518. It continues to be applied today,
notably in a rabbinic ruling outlawing pirated software, issued at
Microsoft's request. In From Maimonides to Microsoft, Professor
Netanel traces the historical development of Jewish copyright law
by comparing rabbinic reprinting bans with secular and papal book
privileges and by relaying the stories of dramatic disputes among
publishers of books of Jewish learning and liturgy. He describes
each dispute in its historical context and examines the rabbinic
rulings that sought to resolve it. Remarkably, the rabbinic
reprinting bans and copyright rulings address some of the same
issues that animate copyright jurisprudence today: Is copyright a
property right or just a right to receive fair compensation? How
long should copyrights last? What purposes does copyright serve?
While Jewish copyright law has borrowed from its secular law
counterpart at key junctures, it fashions strikingly different
answers to those key questions. The story of Jewish copyright law
also intertwines with the history of the Jewish book trade and with
steadfast efforts of rabbinic leaders to maintain their authority
to regulate that trade in the face of the dramatic erosion of
Jewish communal autonomy in the eighteenth and nineteenth
centuries. This book will thus be of considerable interest to
students of Jewish law and history, as well as copyright scholars
and practitioners.
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