Monday, December 7, 2009

Nimmer on Copyright in Rabbinic History

David Nimmer, Irell & Manella (aka Nimmer on Copyright) has posted two articles that take up copyright in rabbinic history. The first is Rabbi Banet’s Charming Snake. It appears in the Flatbush Journal of Jewish Law and Thought (2009). Here's the abstract:
One might not expect Moravia of the 1820s to be a hotbed of copyright litigation. But a major dispute unfolded there, pitting two distinguished rabbis against each other, expressing their disparate views of copyright protection under Jewish law. The two figures in question are Mordekhai Banet and Moses Sofer, each regarded as a Torah giant. Yet their views were absolutely opposed, although each purported to apply existing Jewish law precedent to the matter at hand. Historical investigation reveals a surprising "back-story" at work here. This article investigates the dispute, paying particular attention to the works at issue. It exposits some of the mysterious expression articulated by Rabbi Banet in his dispute with Hatam Sofer, and shows how it developed.
Also posted is In the Shadow of the Emperor: The Hatam Sofer’s Copyright Rulings, which appears in The Torah u-Madda Journal (2009). Here's the abstract:
This article continues the investigation initiated by the author's Rabbi Banet's Charming Snake. It continues the investigation into copyright litigation of the 1820s, but this time the venue is Slovakia, whose chief rabbi was the legendary Moses Sofer, known as "the seal of the scribes" (Hatam Sofer). The article shows how Hatam Sofer and his adversary, Mordekhai Banet, attempted to vindicate Jewish law at the same time that the forces of Enlightenment gave new impetus to secular authority. The Beit Din (Jewish law court) thus found itself besieged, as a 'judicial arms race" unfolded between religious and secular authorities. The article places this copyright case at the vortex of that struggle. It also shows how the dispute between rabbis of the nineteenth century rehearsed perennial disputes over the nature of copyright protection - disparate points of view that find an analog in England of the nineteenth century, and which continue until today.

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