Is it okay to use pirated software?

Assalamoalykum,

here is another question i had to ask.. i live in Pakistan and most of the software we buy here is pirated and is bought in a price that is not comparable to the original price posed by the company.. none of the students, including me, can afford to buy these software at their original price.. i am a computer science major and using these software is a necessity.. could you recommend a solution? (apart from changing my major please)

P.S. i tried to submit this question to the islamic QA website someone gave a link to.. but they open their Question submission only once a week i guess.. can anyone please provide a link to the website which offers the QA facility more frequently?

Wsalam
-Maryam

Walikum Salam,

It is clearly like theft. The license agreements for most of these products clearly define what piracy is, so there is no space for confusion. Even though I'm typing this message from ms windows, i'm simply trying to minimize windows usage whilst getting myself used to linux and linux application alternatives.

If you can pay for original windows itself, then there is plenty of free software for all other needs like compilers, IDEs, word processors which any student could need. Also, I am quite sure there is a specific discount (on windows) for students, and for ppl in asia, but you can contact microsoft to know more about that.

some ppl say that since kafirs make it we can take their property with out paying because we are at war with them. funny how jihad comes up any time ppl can save money by stealing. i personally believe that piracy is illegal, because u r not dying to use the software so if u use it the company makes u click yes on the agreement which states that piracy is illegal, and allah tells us to honor our pledges, even with kafirs. my two cents.

bycott the damn software if u dont wanna pay kafirs, but dont use excuses to not pay.

true TM, so the only alternative is to use open source or free software?

When Allah :swt: let’s believers (even non-believers) use his intellectual property for free, who the hell is Bill Gates? Use all the pirated software as you wish. A lot of effort goes into pirating. These morons (Bill Gates and alike) make zillions of dollars and a poor Chinese programmer (perhaps a lot more intelligent than Billie the Gates) decoding and pirating makes only about a buck per copy. Life’s not fair. As long as your using pirated software doesn’t involve killing or physically harming someone, it is OK to use it.

:jhanda:

If the software is at the reasonable price according to one's residing area, one should try to use the original, otherwise I dont see any problem using pirated software. Afterall it's either the modren knowledge or key to get more knowledge. Not every one has the time and apptitude to learn free and complicated software (for example Linux administration) Not every one is in the computer science's field. A person of doing his majors in History can not spend his time to learn Linux when all he needs to do his regular internet based research. Whynot do it on a pirated windows which is much more easier to install and manage. Now if he resides in a country where the average buying power is good to afford licensed windows (US, UK, etc) He should buy it. But in Pakistan I dont think by not using pirated software we will be doing any good for Islam.

I also have heard of something like "Ilam moman ka gumshuda maal hey, jhaan miley ussey ley lo" "knowledge is a lost property of Muslims, they should take it where ever they find it" so just think if we do not use pirated software we wont be able to produce many compouter literate people and their production is inevitable to survive for third world Muslim countries if they really want to succeed.

So I say use them up to the point you create of sometihng of your own of that level which you can market at your own local rates.

Mano85

i live in Pakistan too and i work, not a student

lekin come on yaar

R U kidding me ? HECK YEAH it is OK to use pirated software :D

[QUOTE]
*Originally posted by chodhry: *

I also have heard of something like "Ilam moman ka gumshuda maal hey, jhaan miley ussey ley lo" "knowledge is a lost property of Muslims, they should take it where ever they find it"
[/QUOTE]

This is a hadith in Sunan al Tirmidhi. But it is not authentic as it contains a narrator - Ibrahim ibn al Fadl - that al Bukhari said was rejected in hadith. Al Tirmidhi himself said he is a weak narrator.

Mano85, if you do a search on islam-qa.com they've already answered some questions on copying software, using it and copyright issues.

well the prices are so outrageous...we are left wid very little choice

Well technically, morally, islamically it is wrong to break the contract !.
Also you cannot do, any thing against the contract once you signed it.

As we sign (Agree) the contract presented to us before installation of software, so we are bound NOT TO DO anything against the contract. which include not making illegal copies and using them and redistributing them.

And since, honoring pledge/ contract is very important in islam. Our prophet (pbuh) did it with non-muslims (enemy) and alway honored it. So we have absolutely no argument against it.

Though, I use legal copies at office, but at home it is always pirated. So I am guilty too. But I don't think it is theft for end user. It is theft for those who do the business of making illegal copies. The consumer buys the product. But we are definitely guilty of breaking the contract

i know tonssssss of people who use pirated softwares and books.....Internet is the best thing that ever happened!

This question frequently comes up.

Some ulema consider it wrong and some allow it like Qardawi.

Of what i have come to know the majority say that if soft wares are copied by one person for another like firend etc. its OK but copying it and selling is Haram

Allah knows best

also many many people of knowledge say there is no copyright in Islam

^ so it's OK to trample all over other people's rights ??

i mean unless you are very poor and u need something very urgently, u might be excused, but piracy for entertainment? games? haram movies? it is only then that jihad comes up that hey these kuffar are fighting us so we can take their property with out any remorse. ppl in the west especially have no excuse, they have plenty of money.

Re: Is it okay to use pirated software?

[QUOTE]
*Originally posted by Mano85: *
Assalamoalykum,

here is another question i had to ask.. i live in Pakistan and most of the software we buy here is pirated and is bought in a price that is not comparable to the original price posed by the company.. none of the students, including me, can afford to buy these software at their original price.. i am a computer science major and using these software is a necessity.. could you recommend a solution? (apart from changing my major please)

P.S. i tried to submit this question to the islamic QA website someone gave a link to.. but they open their Question submission only once a week i guess.. can anyone please provide a link to the website which offers the QA facility more frequently?

Wsalam
-Maryam
[/QUOTE]

Wow! I am impressed. For most people its not even an issue. You are really trying to keep your concience clear, Allah will reward you for that.

I can purchase a copy of windows and send it to you, since your need seems genuine. True, it does not address the bigger issue of SW piracy, but if I can help just one person, it will be great.

The Islamic opinion is that there is no copyright in Islam.

Rights are decided by Allah and not by insaan.

Rights under capitalism generally favour the corporations and not the consumer.

In Islam if you purchase something you are free to use it however you wish.

If there was no copyright law then there would be more competition in the market place and the consumer would be supplied a superior product. There would be no windows blue screen errors :)

Trademarks do apply in Islam. No one is allowed to copy a trade mark of an established company to sell their product.

[QUOTE]
*Originally posted by Raihan: *
The Islamic opinion is that there is no copyright in Islam.
[/QUOTE]
And you base it on......... ?

This? --> "knowledge is a lost property of Muslims, they should take it where ever they find it"

And its refutation, which is this -> This is a hadith in Sunan al Tirmidhi. But it is not authentic as it contains a narrator - Ibrahim ibn al Fadl - that al Bukhari said was rejected in hadith. Al Tirmidhi himself said he is a weak narrator.

Anyway, here you go for responses from Islam-QA.

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.

If there were no copyright laws, then companies would not have the motivation to create new products and updates because they would not profit, making products inferior, less accessable and more expensive. If you are going to participate, even minimally, in capitalism and free enterprise then you must obey the laws, otherwise it is theft and a crime. It doesn't matter what "Islamic opinion" or your imam says, it won't keep you out of jail.