Thursday, December 3, 2009

More on Copying Music

Yasher koach Ms. F, for tackling the question that many people don't want to talk about.  Rav Moshe's opinion (as explained here) is pretty absolute, as Ms. F said. It should be noted that he, of course, was addressing dubbing tapes rather than illegal downloads, and I don't know if there is any reason to distinguish between the two.  I think this is pretty mainstream, but I thought I remembered other opinions.  In a pretty comprehensive article, Rabbi Jachter brings down some opinions that if you would not have bought it anyway.  I can't find a record of it, but I think I remember Rabbi J. David Bleich that it was permitted because the seller has no halachik means to prohibit it.  Once the consumer buys the product, it is his in total, and the seller can't retain any rights.  Jewish record companies have argued that they sell the music on condition that it is not copied, but the absurd conclusion of that would be that if copied, the sale is nullified, and the consumer can return it for the purchase price.  See the Rabbi Jachter article for his analysis of the dina d'malchusa dina issue.

A quick reminder, that the fact that we can identify authorities that permit copying music in limited circumstances, does not give us the license to follow those opinions just because they exist and we like their rules.  As always, everyone should seek the ruling of her Rabbi before doind something that is halachically controversial.

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