From Maimonides to Microsoft The Jewish Law of Copyright Since the Birth of Print

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.

Neil Weinstock Netanel is the Pete Kameron Endowed Chair in Law at the University of California at Los Angeles School of Law where he writes and teaches in the areas of copyright, international intellectual property, and media and telecommunications. Prior to joining UCLA, Netanel served for a decade on the faculty of the University of Texas at Austin School of Law, where he was the Arnold, White & Durkee Centennial Professor of Law. He has also taught at the law schools of Harvard University, Haifa University, the Hebrew University of Jerusalem, Tel-Aviv University, the University of Toronto, and New York University. He authored Copyright's Paradox (Oxford, 2008; Paperback, 2010); and he edited The Development Agenda: Global Intellectual Property and Developing Countries (Oxford, 2008).

David Nimmer is a Professor from Practice at the University of California at Los Angeles School of Law, and Of Counsel to the law firm of Irell & Manella. Since 1985, Professor Nimmer has updated and revised Nimmer on Copyright, the standard reference treatise in the field, regularly relied upon as an authority by courts and commentators the world over. He is also the author of Copyright: Sacred Text, Technology and the DMCA (2003).

Preface

Note Regarding Translation and Transliteration

1 Introduction: Microsoft in Bnei Brak

2 From Privileges and Printers' Guilds to Copyright

3 Rabbinic Reprinting Bans: Between Ktav Da'at and Privilege

4 Maharam of Padua versus Giustiniani: Rival Editions of Maimonides' Mishneh Torah

5 Rabbinic Reprinting Bans Take Hold

6 From a Yiddish Bible to a German Prayer Book

7 Internecine Battles and the Slavuta Talmud

8 Moving Beyond Reprinting Bans: From Property to the Law of the Sovereign

9 The Present-Day Debate: Is Copyright Infringement "Stealing"?

Bibliography

Glossary

Index