Friday, August 14, 2009

Jewish Law & copyright


JLaw R' Israel Schneider

In our highly advanced technological age, the duplication of original works of authorship has become almost effortless. While at one time, manuscripts or books had to be copied laboriously by hand, it is now possible within several minutes to produce high quality reproductions of entire works. Similarly, audio tapes, videos, and computer programs can all be reproduced quickly, effectively, and cheaply. The purpose of this essay is to explore the halachic implications of making or using unauthorized duplications and to inquire if there are precedents which could serve as grounds for the protection of an author's or creator's proprietary rights.

Halachic literature is rich in detailing the rights - and limitations - of an author to his original work. Not surprisingly, the People of the Book were constantly involved in determining what type of protection could be granted to an author or publisher. [...]

EJF proselytizes in Europe



Five Towns Jewish Times

[...] In a dramatic development that Rabbi Shlomo Baksht calls "nothing short of a miracle," a growing number of intermarried couples are seeking to complete a process that will lead to a universally accepted conversion. With the strong infrastructure of shuls, yeshivos, mikvaos, and kosher restaurants, these couples will be able to function as fully committed Torah Jews. More than 20 such couples, which includes a Jewish spouse who is "on the way to becoming a ba'al teshuvah," will participate in a seminar sponsored by EJF on September 6–8.

The Odessa seminar is modeled after the many successful similar seminars in the U.S., Canada, and Israel. A large percentage of participants eventually proceed to a halachic conversion, according to Rabbi Tropper. Like participants in other countries, many of these couples have at some point undergone a problematic conversion and eventually recognize that their conversion is not recognized by halachic authorities.

A similar seminar for couples is being planned for Munich in November. At each of the seminars, EJF's world-class lecturers present different aspects of Judaism. In addition to Rabbi Tropper, some of the lecturers include Rabbi Mordechai Neugroschel, Rabbi Doron Kornbluth, Rabbi Yonoson Rosenblum, Rabbi Shimon Grilius, and Rabbi Noach Hertz.[...]

Rav Sternbuch - Appreciating small mitzvos

Thursday, August 13, 2009

Priority 1 - Upcoming Events


Priority 1

Converts of San Nicandro Italy


Time Sep 15, 1947

All over the world next week, the ram's horns of Rosh Hashanah (beginning of the New Year) will call faithful Jews to the Ten Days of Penitence that end with Yom Kippur. No prayers will be more fervent than those from the 80-odd ex-Catholics of San Nicandro, Italy.

The conversion of San Nicandro began almost 20 years ago with dark-eyed, sallow Donato Manduzio. Invalided by shrapnel in World War I, Donato had lain for years on a miserable straw mattress in an attic room. At first he wept bitterly that he could not join in the daily life of his native San Nicandro Garganico (pop. 20,000). But gradually, the sounds of women singing as they carried water in copper vessels on their heads, the cries of the black-hatted mule-drivers, the hammering of cobblers in the tiny, dark shops (Donate had been a cobbler himself) lost their attraction for Donato. He heard them no more, because he was too busy reading the Bible.

Along with the sounds of workaday life, Donato also closed his ears to church bells. Bible study had led him to question the doctrines of the Roman Catholic Church.

On the day that Manduzio was able to leave his bed, a Protestant preacher happened to be addressing a meeting in San Nicandro's square. As the preacher attacked the dogmas of Catholicism, Donato suddenly lifted one of the two sticks on which he was leaning, and shouted: "You have demolished the Catholic Church for me. I am a Catholic no longer."[...]

Self-Converted Ugandan "Jews"

History of Ugandan "Jews" (click this link)

Obamacare - Myth & Facts /CBS News

Mary Robinson's Medal of Freedom


Wall Street Journal

Barack Obama's decision to award the Presidential Medal of Freedom to Mary Robinson has generated unexpected but emotionally charged opposition. Appointed by then-U.N. Secretary General Kofi Annan as high commissioner for human rights in 1997-2002, Ms. Robinson had a controversial but ineffective tenure. (Previously, she was president of Ireland, a ceremonial position.)

Criticism of Mr. Obama's award, to be officially bestowed tomorrow, has centered on Ms. Robinson's central organizing role as secretary general of the 2001 "World Conference Against Racism" in Durban, South Africa. Instead of concentrating on its purported objectives, Durban was virulently anti-Semitic, anti-Israel, and at least implicitly anti-American.

So vile was the conference's draft declaration that Secretary of State Colin Powell correctly called it "a throwback to the days of 'Zionism equals racism,'" referring to the infamous 1975 U.N. General Assembly resolution to that effect. President George W. Bush (whose father led the 1991 campaign that repealed the U.N.'s "Zionism is a form of racism" resolution) unhesitatingly agreed when Mr. Powell recommended the U.S. delegation leave the Durban conference rather than legitimize the outcome.

Ms. Robinson didn't see it that way then, and she has shown no remorse since. In late 2002, she described Durban's outcome as "remarkably good, including on the issues of the Middle East." [...]

Wednesday, August 12, 2009

Chasidic cop's undercover drug sting


Forward

A few months ago, Israeli police planning a sting were hard-pressed to find a convincing small-time dealer who could buy large quantities of drugs without arousing suspicion. In the end, they settled on a novel solution: a Hasidic man who would claim he was buying for students at his yeshiva.

The case ended up netting the arrests of 15 men in the Israeli town of Lod. The arrested will face trial next month on charges of possession and supply of illegal substances. The operation was given the name Ketoret Samim, a double entendre referring both to drugs in modern Hebrew and to a talmudic mixing of incense in ancient Hebrew. The operation's success was thanks to footage recorded from cameras secreted in the long black coat of Shlomo Treitel, a 34-year-old Hasid from Netanya who is a community police officer.

"My wife didn't know what I was doing, but when I told her, she said that she knows I'm guided by our rebbe, so I won't come to any harm," he told the Forward.

On some 30 occasions, and spending $14,000 altogether, Treitel went to dealers in Lod, notorious for its Arab-controlled drug trading. He bought hard and soft drugs. His story was that the students in his yeshiva were ba'alei teshuvah (secular Jews who have turned to more observant lives), and he had come to the conclusion that he could well cash in on their habits by becoming a small-scale dealer. [...]

Tuesday, August 11, 2009

Rav Wozner - informing on tax cheats


Rav Wozner(Shevet HaLevi 2:58):Concerning someone who works for the tax department and he discovers someone cheating the government and is required by law to report it to the justice department. He wants to know whether he is considered an informer (moser) according to halacha or do we say that “the law of the land is the law” and thus he would not be an informer? Answer: Concerning the issues of taxes – there is no halachic authority who denies that this is included in the principle “the law of the land is the law.” This is true even for those who disagree with the Rema (C.M. 369:8) as to the nature of “the law of the land is the law.” See the Shach and Levush and the responsa Hashiv Moshe… Concerning the issue of reporting the tax cheat to the government see Bava Metzia (83b) concerning R’ Eliezer the son of Rav Shimon bar Yochai. The gemora reports that he reported thieves to the government. This is proof that where the government has authorized a Jew to report thieves that it is permitted. Even though he was criticized “how long are you handing the people of our G‑d to be killed” – because the punishment for thieves in those days was death. This is relevant also for a similar criticism from Eliyahu Hanavi to R’ Yishmael which is reported in that gemora. However the actual halacha seems that even when it results in the death penalty it is considered “the law of the land is the law.” See the Ritva on that gemora which is found in the Shita Mekubetzes. The Be’er HaGola (C.M. 388) writes that it has already become accepted practice that the leaders of the community supervise that there should not be any fraud or deception against the secular government. The community leaders have announced that it was permitted to publicize and reveal those men who were cheating the government. A person who wishes to escape paying taxes owed to the government and another Jew reveals this – this is not considered the crime of informing. Even though the Rema states that revealing this information is bad because it is like returning a lost object to a non‑Jew – but that is only concerning an individual non‑Jew. But that which is applicable to the government and the tax auditor was appointed to discover fraud – there is no prohibition in revealing the fraud. However it is best if a person should not work as a tax auditor which requires revealing this type of information. Even though revealing the information is permitted – it is not a pious thing to do as we see from the Yerushalmi. Also look at the Responsa of the Alshech who states that a person is not considered an informant for those things required by the law of the land….

Economy - raising $12 Trillion debt cap

Mesira to preserve and protect a just society


R' Breitowitz has an excellent shiur concerning the natue of mesira and its relevance when a just government is involved (Aruch HaShulchan) or the laws are more severe than the Torah (Rav Moshe Feinstein) and its connection to dina demalchusa dina (Rav Wosner) and the need for laws for the well being of society.

Sunday, August 9, 2009

Judge rules against rabbi's widow in Torahs case


LATimes April 9, 2009

A Los Angeles County Superior Court judge has thrown out a religious court's decision to award four disputed Torahs to an Orthodox rabbi's widow who claimed that the scrolls had been stolen by her late husband's assistant.

The religious court, known in Hebrew as a beis din, ruled in January that the four Torahs belonged to Rita Pauker of North Hollywood. The scrolls had been in the care of her late husband's assistant, Rabbi Samuel Ohana, for more than a decade.

Pauker argued that a handwritten agreement between her late husband, Norman, and Ohana proved that the scrolls were lent to Ohana for only two years. Ohana maintained that Rabbi Pauker gave the Torahs to Ohana's Sherman Oaks congregation in 1998 after Pauker's own synagogue closed.

After the religious court ruled, Ohana refused to turn over the Torahs to Pauker. Instead, he appealed to a higher court in Israel. Pauker, meanwhile, took the case to the civil court system in Los Angeles, seeking to enforce the local religious court's ruling.

On Monday, Superior Court Judge Zaven V. Sinanian ruled in Ohana's favor based on what he believed may have been a conflict for one of the three religious judges, Rabbi Nachum Sauer.[...]

The severe sin of going to a non-Jewish court II


Shulchan Aruch(C.M. 26:1)
: It is prohibited to have a non‑Jewish court make judgments in a dispute between Jews. This is so even if they make judgments based on Jewish law and even if the litigants agree to accept their judgment. Who ever used the non‑Jewish court is a rasha (wicked person). It is as if he has denigrated the Torah of Moshe. Rema: The Jewish court has the right to excommunicate and ostracize those who utilize the authority of non‑Jews. Similarly there can be various punishments enacted against someone who goes to a non‑Jewish court – until they retract….

Shulchan Aruch(C.M. 26:2): If the non‑Jews are the controlling power and the litigant is powerful in his own right and therefore the person can not recover what is his by the authority of the Jewish court – he should first summon his opponent to the Jewish court. If his opponent refuses to go – he should obtain permission from the Jewish court and then use the non‑Jewish court to recover what is his from his opponent. Rema: The Jewish court has the right to go to the non‑Jewish court and to testify that one person owes the other money. All this is only if one of the litigants refuses to obey the Jewish court. Otherwise it is prohibited for a Jewish court to give authorization for Jews to have their dispute presented to a non‑Jewish court