Reply To: Jewifying someone's iPod

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#920968
HaLeiVi
Participant

5five, the reason I mentioned examples of non physical damage that Chazal reckoned with is to allow for the possibility of intelectual property to be considered stolen Al Pi Din.

The law adapted to the new circumstance. Halacha probably recognizes it too, based on Dina D’malchusa. It might also be a twist on Geneivas Daas. Stealing someone’s mindwork shouldn’t be worse than tricking. It is actually stealing somebody’s work.

If a Poel does work you must pay him. If you hire someone to dye your clothing and then secretly stick in more clothing that would be stealing his work. If you would be paying for the job of making a CD or if you would commission a programmer to write you a sophisticated program, you would be paying by the hour.

If someone makes the program on his own in order to sell it, he is essencially doing your work before you ask for it, and spreading the cost to all the customers. By giving another would-have-been customer his ready made job you are stealing that Chelek of work from the Poel.