Middle Eastern Religious Perspectives on Software Piracy

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Middle Eastern Religious Perspectives on Software Piracy

Introduction

Illegal software (pirated, illegally copied, etc) in the Middle East is a rampant problem. It is estimated that 74% of software in Lebanon is illegal, while 37% of software in Israel is illegal1. The lack of intellectual property laws has been sited for the problem; even with these laws being introduced it might not resolve the issue. Though joining the World Trade Organization (as many Middle Eastern countries have recently done) forces the countries to officially recognize copyright law will this affect the citizen’s view of copyright? Religion is a fundamental part of the Middle East with some countries laws derived from religious text. I believe by analysis of religious texts and law I can hope to gain perspective into the views on software piracy. I will focus on Jewish law and Islamic Fatwas. Once the religious perspective on copyright is derived I will analysis if the religious perspective holds up to general ethical analysis. My goal is not to judge (e.g. say copying of software is wrong therefore those who copy software are bad), but rather gain insight into the religious perspectives towards software piracy.

Jewish Law (Torah)

'Torah' has the following meanings2:

1. A scroll made from kosher animal parchment, with the entire text of the Five

Books of Moses written in it by a sofer [ritual scribe]. This is the most

limited definition.

2. More often, this term means the text of the Five Books of Moses, written in any

format, whether Torah scroll, paper back book, CD-ROM, sky-writing or any other

media. Any printed version of the Torah (with or without commentary) can be

called a Chumash or Pentateuch. However, one never refers to a Torah Scroll as

a Chumash!

3. The term 'Torah' can mean the entire corpus of Jewish law! This includes the

Written and the Oral Law, which includes the Mishna, the Midrash, the Talmud,

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