Pirated Software

[Tuwaylib]

http://forums.islamicawakening.com/s...ead.php?t=7964

i posted in the wrong section.

Assalamu alaikum,

is it permissble for one to make copies of copyrighted cd's (windows, office etc)

is it permissble to make these software available for free download?

is it permissible for one to purchase these copied cd's or download these copyrighted programs from the net?

answers will be highly appreciated. This has been on my mind for a while.

[IbnShaykh]

Question:
I want to know if copying software on my hard drive that I have not bought is wrong.

Answer:

Praise be to Allaah

The Permanent Committee for Iftaa' (Islamic Rulings), chaired by Sheikh Abdul-Aziz bin Baz, has replied to this question by ruling that it is not permissible to copy software without permission from the original author or the copyright holder based on the following three haadeeth of the Prophet (peace be upon him):

(1) "Muslims are to honor their agreements (with others)";

(2) "A Muslim's wealth is forbidden for others to use without his permission;" and,

(3) "Whoever is the first to acquire a mubaah (something lawful to acquire) is entitled to keep it". This applies to both Muslims and non-believers (who are not engaged in an act of war with Muslims) because the right of a non-believer is respected in the same manner as a Muslim's right. Allah knows best. (Committee Fatwa no: 18453)

Also, Sheikh Muhammad bin Salih Al-'Uthaimeen has ruled that whatever is customary among people should be the rule except when a user wants a copy for himself and the author or the copyright holder did not explicitly prohibit copying the software for private or public use. However, if the author or the copyright holder specifically stated that private and public copying of the software is prohibited, then it is not permissible to copy that software.



Committee Fatwa no: 18453
Sheikh Muhammad bin Salih Al-'Uthaimeen

Thats all I could find hope it helps.

[Tuwaylib]

thanx dude. JazakAllahu khair

[Abu Ma'mar]

Listen when i buy a c.d, is it my property or not?

Please tell me this.

If you say yes its my property, then i can do whatever i like with it, no?

So if i want to copy that c.d and give it to people who want to use it, then who's business is it to tell me not to?

and whats the ruling on buying something that technically isn't even the buyers property after the transaction???

If you had bought a muslims c.d or something then ok i can see where your coming from a little bit, but Microsoft?

And what agreement is broken if i download office from the net? I didnt even buy it in the first place, so i cant have broken any agreement.

Soon people will say they recognize ' intellectual property' .

[Yasir]

In relation to Intellectual Property Rights:

Question:
What do the Muslim fuqaha’ say about intellectual property rights such as trade names, trademarks, copyright and patents?

Answer:

Firstly: Trade names, trademarks, copyright and patents are all rights which belong exclusively to their owners. In modern times they have come to have a considerable financial value. These rights are recognized according to sharee’ah, and they should not be violated.

Secondly: It is permissible to buy or sell a trade name or a trademark, and to transfer any of them in return for monetary compensation, so long as there is no cheating or deception.

Thirdly: Copyright and patents are protected by sharee’ah. Their owners have the right to buy or sell them and nobody has the right to violate these rights. And Allaah knows best.

Source: IslamQA

Also see: http://islamqa.com/index.php?cref=325&ln=eng

[ibnYaseen]

Listen when i buy a c.d, is it my property or not?

Please tell me this.

If you say yes its my property, then i can do whatever i like with it, no?

So if i want to copy that c.d and give it to people who want to use it, then who's business is it to tell me not to?

and whats the ruling on buying something that technically isn't even the buyers property after the transaction???

CDs with software on them do become your property in some cases, in some cases you are buying "the right to use" the software and the disc remains the property of the publishers, but in most cases you do own the disc.

But even that is irrelevant because when you put the disc in your computer to install the software there is an agreement which you are asked to read and either accept or decline, if you decline you are entitled to your money back, if you accept then you agree to abide to the terms of the agreement. Is a Muslim allowed to break his agreement or promise? Can a Muslim agree to something without knowing its terms or what exactly he/she is being asked to agree to?

If you had bought a muslims c.d or something then ok i can see where your coming from a little bit, but Microsoft?

Who ever the author/publisher is, you are still responsible for your actions before Allah swt. Does it make it any more better if a person chooses to lie/steal from a non-Muslim rather than a Muslim? The same sin is being committed.

And what agreement is broken if i download office from the net? I didnt even buy it in the first place, so i cant have broken any agreement.

Soon people will say they recognize ' intellectual property' .

Well after you have downloaded it, before you can use it you have to install it, and when installing it the agreement situation will arise again. And not only that, you are aiding other people in committing violations against their agreements to the software -- i.e. them copying and distributing the software on the net without the author/publisher permission.

If after all this doubt you still feel confident with pirated software then perhaps consider the teams of individuals who spend hours and hours, years, working on putting these software packages together -- can you seriously just come along and take that product and copy it on to another disc freely for a friend without realising that doing so causes those behind the software to not get paid for someone using their product?

If you want to stay on the non-doubtful safe side when it comes to using computers, take a look in to open-source software. Genuinely free software alternatives.

['Abd al-Kareem]

Bismillah.

I would like to bring up this topic again.

When it comes to Islamic knowledge, I really can't grasp the fact that it can be copyrighted.

There's a CD-quality recording of Mishaary Raashid Qur'an Recitation. I remember at the end of a Surah (not every Surah...), someone's voice comes up with a message sort of like "Remember brothers, this CD is copyrighted...etc.etc."

Come on, copyrighting Qur'an?? Or did you copyright Mishaary's voice? Or did you copyright the actual CD that you sold? So why did someone buy it then?

Anyway, so when it comes to Islamic knowledge I really can't see how someone can copyright that. Similarly, Anwar al-'Awlaqi's lectures. Many of them (even the ones for sale) were clearly recorded in Masaajid! He is addressing people.

So if someone recorded those lectures personally, can he not give it out since someone else recorded it and copyrighted it? Or are you copyrighting the knowledge itself, so if someone were to give the same exact lecture elsewhere, he would be breaching the copyright?

I find that very hard to accept...

________

Anyway, that's not what I wanted to ask.
I want to ask about other types of stuff, basically anything besides Islamic knowledge. Such as software, books, etc.

As we have noticed from the fatwas posted, scholars have indeed recognized copyright. But doesn't this essentially mean that you pay your money and you end up not owning anything except the pieces of paper which the book is printed on, or the piece of plastic whatever that the CD is made out of...

Secondly, how on earth is someone allowed to force you into a contract ON YOUR OWN STUFF?

You go to the local computer shop, you buy microsoft whatever, or adobe whatever, paying like $600 bucks. You go home and open your product, insert your CD into your computer and try to open your product, but behold! There is a HUUUUUUUUGE contract there and you cannot even begin to install your own product (let alone use it!) before you agree to someone else's terms!! And a whole lot of them!

Who gave this guy the right to force you into a contract AFTER you had purchased it from him? Too late, buddy. And you are forced into it, because you can't 'refuse to sign.' You either have to agree or disagree. And if you disagree you can't use your own product.

___

So basically my two questions are:

1). Can someone force me into an agreement on my own property after I have already purchased it?
--1a). And does it make a difference that I already know he will try to force me into said agreement, (because we all know that pretty much all stuff is copyrighted so you know that the instant you pop in that CD you will see the 'I agree' 'I disagree' buttons.)

2). When someone owns an intellectual property, what does he actually own? What exactly is it?

[Abu Bakr as-Somali]

LOL I dont even have one piece of software that I bought be it Windows or anythin'

[Abu Abdallah al-Bulghari]

Bismillah.

I would like to bring up this topic again.

When it comes to Islamic knowledge, I really can't grasp the fact that it can be copyrighted.

There's a CD-quality recording of Mishaary Raashid Qur'an Recitation. I remember at the end of a Surah (not every Surah...), someone's voice comes up with a message sort of like "Remember brothers, this CD is copyrighted...etc.etc."

Come on, copyrighting Qur'an?? Or did you copyright Mishaary's voice? Or did you copyright the actual CD that you sold? So why did someone buy it then?

Anyway, so when it comes to Islamic knowledge I really can't see how someone can copyright that. Similarly, Anwar al-'Awlaqi's lectures. Many of them (even the ones for sale) were clearly recorded in Masaajid! He is addressing people.

So if someone recorded those lectures personally, can he not give it out since someone else recorded it and copyrighted it? Or are you copyrighting the knowledge itself, so if someone were to give the same exact lecture elsewhere, he would be breaching the copyright?

I find that very hard to accept...

________

Anyway, that's not what I wanted to ask.
I want to ask about other types of stuff, basically anything besides Islamic knowledge. Such as software, books, etc.

As we have noticed from the fatwas posted, scholars have indeed recognized copyright. But doesn't this essentially mean that you pay your money and you end up not owning anything except the pieces of paper which the book is printed on, or the piece of plastic whatever that the CD is made out of...

Secondly, how on earth is someone allowed to force you into a contract ON YOUR OWN STUFF?

You go to the local computer shop, you buy microsoft whatever, or adobe whatever, paying like $600 bucks. You go home and open your product, insert your CD into your computer and try to open your product, but behold! There is a HUUUUUUUUGE contract there and you cannot even begin to install your own product (let alone use it!) before you agree to someone else's terms!! And a whole lot of them!

Who gave this guy the right to force you into a contract AFTER you had purchased it from him? Too late, buddy. And you are forced into it, because you can't 'refuse to sign.' You either have to agree or disagree. And if you disagree you can't use your own product.

___

So basically my two questions are:

1). Can someone force me into an agreement on my own property after I have already purchased it?
--1a). And does it make a difference that I already know he will try to force me into said agreement, (because we all know that pretty much all stuff is copyrighted so you know that the instant you pop in that CD you will see the 'I agree' 'I disagree' buttons.)

2). When someone owns an intellectual property, what does he actually own? What exactly is it?

It's is not "copyrighting Qur'an", it's copywriting particular utterance.

[Captain Gora]

I think that wondering why microsoft makes you agree to the contract in the beginning is ridiculous.

If you made a program for business purposes, would you not put a copyright on it? Would you rather that the first person who buys it would be the last person to buy it since he goes around copying it to others for a cheaper price or for free, and then you'd be digging your pockets wondering where all the loot at?

I think that's pretty funny, brother.

I also understand it with regard to Islamic knowledge for people who really need the profit they get from them to continue da'wa and Islamic work.