Reply To: Heteirim for Copying and giving out Music

To answer RABBAIM and akuperma the issue is saying that there is hasagas gvul on a buyer – obviously if u sell a service that another yid is selling that would fall under hasagas gvul assuming u are compromising his livelihood. that is the issue the chasam sofer and others have grappled with. the way music is stored on cds actually may prevent such a tnai from being valid. in addition not all tenaim that a mocher makes are halachically valid – rav belsky holds that one would be allowed to make copies for personal use ie one for home one for the car even though the mocher would prefer you buy 2 copies. it is totally dependent on what is considered normal usage. also if someone copied the music and the mechira was batel the mocher would be obligated to refund the money which i am pretty sure the music world would not be interested in. one popular to try to get around this problem (i think this was aderet who did this) was to say you are only renting the cd. many rabonim held that such a tenai didnt matter either because what you are buying is not the cd it is the intellectual property the cd is just a holder. In addition the whole point only has any validity in regards to physical cds – many people purchase music online in the form of mp3s (i personally purchase music that way because it is much cheaper) 2) i am not sure why that question is at all halchically relevant. 3) that is a very indirect veahavta lerayacha as the stores have already purchased a certain amount copies – is a good thing to do yes of course (i purchase every music cd myself either through mostly music or amazon.com) but that would in no way obligate anyone to buy the cds. according to this logic you should never borrow a cd from someone because the mocher would feel happier if you bough the cd. the major machlokes seems to be in regards to hasagos gvul alone with rav belsky and rav simcha bunim cohen of lakewood among others holding that it is an issue. to reiterate just that no one is confused the eirlich thing to do is obviously buy the cd because giving a yid parnasah is a big mitzvah. I am dealing with this issue from a purely halachic standpoint alone.