11 Questions
How does the punishment for those who make files available for download illegally in the UK compare to those that download them?
The punishment is far worse for those that make files available for download than those who download.
According to Shmuel in the Talmud, what is the law that Jews must follow when living in a certain country?
The law of the land is the law.
What are the three main actions prohibited by copyright laws in the UK and USA?
- Copying, 2. Adapting works, 3. Distribution
What is the general rule regarding reselling copyrighted works?
When someone has purchased a copyrighted work, they have the right to resell what they bought—but not to sell a copy they made.
In what European country is it illegal to slaughter an animal according to Jewish Law, leading to meat being imported for the local community?
Switzerland
What recent issue in Germany caused potential problems for the Jewish community?
People trying to stop Brit Milah (circumcision)
According to the Rosh, why is the principle 'the law of the land is the law' applicable?
Because the land belongs to the king
What does the Beit Yosef specify as being subject to 'the law of the land is the law'?
Things that benefit the king, taxes, and his laws
In what cases does the king's law not hold halakhic binding, as per the Beit Yosef?
Regarding matters between people
How does the Ramban explain the reason that 'the law of the land is the law'?
Because the king's authority is accepted by all the people. Therefore his laws must be followed.
What does Rabbi Ovadia Yosef say would happen if people were required to follow the law of the land when it contradicts Jewish teachings?
All laws of Israel would be nullified
Study Notes
Downloading Protected Files in the UK
- Downloading protected files is illegal in the UK.
- The Digital Economy Act of 2010 tightened laws regarding illegal downloading.
- Internet providers are required to provide details of individuals who download marked files.
- The punishment for making files available for download is more severe than for downloading.
Dina D'Malchuta Dina - A Jew's Obligation to Keep UK Law
- Jews have an obligation to follow the laws of the land they are living in.
- There are areas of law that may conflict with Jewish Law, and the question arises as to what to do in those situations.
- Examples of conflicts include:
- Switzerland, where it is illegal to slaughter an animal according to Jewish Law.
- Germany, where there were attempts to stop Brit Milah.
The Law of the Land is the Law
- Shmuel said in the Talmud: "The law of the land is the law."
- The law of the land applies to:
- Matters of taxation and levies.
- Property laws and taxes.
- Laws and judgments imposed by the king.
- However, the law of the land does not apply to:
- Matters between people, unless it directly benefits the king.
- The Ramban states that the law of the land is accepted willingly by all people in the kingdom.
Copyright Laws in the UK and USA
- The laws of copyright prevent:
- Copying (owner has the exclusive right to make copies).
- Adapting works (owner has right to prepare similar works such as translations, adaptations, etc.).
- Distribution (of original and copies).
- Performance and display.
- When someone has purchased a copyrighted work, they have the right to resell what they bought—but not to sell a copy they made.
The Obligation to Follow Copyright Laws
- According to the Ramban, the law of the land forbids copying without permission, and we are obligated to strengthen the law of the land.
- A great rabbi was asked and replied that it is forbidden to copy without permission according to Torah Law.
Explore the implications of the UK Digital Economy Act of 2010 which tightened laws on illegal file downloading. Understand the concept of 'Dina D’Malchuta Dina' and how it relates to a Jew's obligation to follow UK law.
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