Copyright According to Shariah
By Mufti Taqi Usmani
[QUOTE]
*Originally posted by Seminole: *
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.
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please keep your thoughts to yourself...the questioner asked about ISLAMIC perspectives and tahts what we are debating. your secular views are not what we are particularly concerned about.
The soft ware programmers do not spend so much money in accordance to the sale price. They are gamblers of knowledge based instruments.
If we cannot afford to purchase a book, we find it in a library. But the same system is not created in soft ware.
Piracy is not stealing, at least we are not putting up our hand into some other one’ pocket. We are just not ready to pay the extra charge. The piracy software is available for 3-4 $ anywhere in third world countries and actually this should be the price of genuine software.
But, why so much confusion to discuss this topic at a religious forum? Islamic states are most corrupt in the world. There are a lot of other aspects to correct instead of mere software piracy.
Here is a tip…no need to pay 3-4$ for piracy. Download the required software evaluation version. Install it.
Go to search column of your browser, write ‘crack’, OK…and you can find sites with keys to any software.
well, the bottom-line is that piracy is wrong...it is like stealing...
and if one cat afford to pay that there are open source software available for free... Red Hat Linux or Mandrake Linux is a good OS (in fact more stable and robust than MS Windows), Open Office is an excellent alternative to MS Office....similarly, there are many other software available as freeware...
and irem, just a small question...how would u feel, if u found out that the software that u have written and selling it for 200$ is being available in the market as pirated and you get nothing out of it...
[QUOTE]
*Originally posted by ThandyMazaq: *
please keep your thoughts to yourself...the questioner asked about ISLAMIC perspectives and tahts what we are debating. your secular views are not what we are particularly concerned about.
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The questioner asked for a solution to her not being able to afford legal software, so keep your holier-than-thou comments to yourself.
Anyway, if you are talking about stealing software developed by secular capitalists and breaking their laws, then your Islamic perspective is irrelevant. Unless you are going to have that khilafah soon, "fight the kuffar and take their property without any remorse." Until then it is stealing.
[QUOTE]
*Originally posted by Code_Red: *
...
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
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Trying to justify your purchase of illegal copies, eh? Its worst to justify your sins, believe me.
Using a pirated software cannot be justified by any means - you are just twisting religion to meet your end...
its stealing somebody else's hard work - some people argue that the companies price thier products very high - but I say its justified because behind each product's success there is lot of investment , risk , R&D and innovativeness.
If this is what the price of software should be, do you expect it perform 100,000 functions for you? Do you expect software engineers any different from our corrupt police stations, judiciary etc? (you’ll have to think about that one now, 
)
Trying to run away and hide your problems?
Thanks for the tip, you expect people who can’t “afford” the software but able to pay the internet connectivity price to download it? 
I am admiting my wrongdoing, not justifing. Read it again, if you had problems in understanding.
I am guilty of breaking the contract. And that is not small sin in Islam by any means. May Allah forgive me for that. But I am not guilty of theft. I bought it from open market where it is sold openly. It is theft for those who are doing the business of making illegal copies. But interestingly they are not guilty of breaking of the contract. They are just thieves 
They never signed any contract, but I did 
I can function fully using opensource OS but stupid Gupshup does not endorse any other browser then IE 
This is just for softwares where I have to ‘Agree’ to terms and condition before instalation. I am not guitly breach of Agreement (or anything else) for using pirated books, videos and everything Peoples Republic of China provides us for nominal charges 
Re: Is it okay to use pirated software?
[QUOTE]
*Originally posted by Mano85: *
Re: Is it okay to use pirated software?
[/QUOTE]
No
[QUOTE]
Thanks for the tip, you expect people who can't "afford" the software but able to pay the internet connectivity price to download it?
[/QUOTE]
Dear Captain, I think to reach internet first one has to purchase a comupter, modem etc, hence one has capacity to purchase a computer must not have problem tp spend 5 or 10$ a month on internet.
Atleast you know you are doing wrong and admitting to it, that is one good sign
In your conscience you know you are buying a stolen software, you don’t have the “license” to use it, you can’t contact Microsoft to “troubleshoot” your problem so on and so forth. Only making illegal copies is not crime, using it also a crime, buying included. Do you think Islam would allow you to commit a crime?
So buying illegal copies is okay?
assumptions, eh? downloading several MBytes using dialup connections is very economical?
you also said:
Gamblers? how so?
Software programmers individually may not spend so much money, but the companies who hire them do spend a lot of money on those individuals, equipping them with computers, providing space, salaries/benefits, logistics and then marketing, do you think all of that is just a matter of 10-15$?
How so? So many colleges and universities are equipped with computers now. If you can’t afford Microsoft softwares, go and use the freewares/sharewares. like Linux operating system which comes with all the office applications and development programs. Piracy is STEALING, you are stealing from companies’ profits. 3-4$ is not the price of ACTUAL software, its the price of the MEDIA (CD roms in particular) included with shipping/handling charges. Once you start a software company sometime later in your life, come back to this forum and let us know how you feel about your software used by other people and not giving you royalty/fees.
its amazing how ppl can make it look "legal" when they need it.. i mean piracy is just like stealing.. and it hurts the developer..
IF you have a software company .. would you like ppl to pirate your software? I am 99% sure the answer would be NO... coz that's ur rozi.. Allah (swt) has given you the skill of software making that earns you halal income for your survival and if someone is taking away that income by just copying and reselling as their own product then its wrong..
Now, i knw some of you will say that Bill gates is not muslim so he isn't earning halal.. but please remember, its Allah who is giving bill gates all of this wealth.. its a test from Allah to him.. we have no right whatsoever to take that income or profit away from him.. whatever or however much it is..
so please note.. piracy is NOT allowed.. just like stealing is not allowed.. i got my copy of windows with the laptop i bought.. and on my home computer i used to use pirated copy but now i have gotten a student discounted version of windows xp pro from my university.. but still i do use other softwares that are pirated but i always look for freeware or if it is small app that i can make myself i try that..
but I AM GUILTY of pirating and may Allah give me the himaat to give it up
Faisal,
I don't base it on that If I did then I would say that stealing books from the library is ok too :)
It's more to do with understanding the Islamic methods of means of ownership, what can be owned, what can't be owned and how and when you cease to own something.
Seminole,
I'm just giving the Islamic opinion, I'm not saying we should do it.
It's obvious that the software companies would never agree to no copyright laws because of the profit they are making because of it. But your answer proves a valid point why democratic capitalism is oppression and how it allows the dictatorship of the few who pass laws in their own favour.
The consumer would benefit because of the competition between the software companies. The consumer would get a high quality product. If tomorrow copyright laws were abolished then do you think that there will be no more computers or no schools or universities etc who need to use wordprocessors , internet etc.
Without copyright law the market would be open to everyone and in Islam we care about everybody not just the few fat cats.
Think about how this would affect medicine people are so poor in some parts of the world that they can't afford expensive patented medicine. I remember when South Africa copied the aids drug and made their own. The drugs companies were furious. Even in India there was a similar case.
Capitalists do not care about human suffering they only care about profit and the laws they pass are not universal they pass laws to keep the rich rich and the poor poor.
Most modern inventions and innovative technologies have been developed by capitalist societies. That is because the system allows for innovation and the profit that comes with it. If the Arab world is the example to follow with your "Islamic opinion" we wouldn't have any of these new innovations you want shared with the world at no charge. Only 370 industrial patents were issued to Arabs over the last 20 years while in South Korea alone, 16,000 were issued.
If drug companies did not have the profits that come from protection, they wouldn't have the money for R&D to develop the next life-saving medication for the South Africans to copy. You are describing communism which is a failed concept.
[QUOTE]
*Originally posted by Captain1: *
In your conscience you know you are buying a stolen software, you don't have the "license" to use it, you can't contact Microsoft to "troubleshoot" your problem so on and so forth. Only making illegal copies is not crime, using it also a crime, buying included. Do you think Islam would allow you to commit a crime?
So buying illegal copies is okay?
[/QUOTE]
Now you are confusing "crime' and 'sin'. Its like not paying zakat is sin for muslims and not paying taxes is crime for citizens. The orinal question was if it is okey to use pirated software according to Islam?
To which i have already answered.
We are not debating here if copyright is right or wrong, it is a separate topic.
For example, Europeans got knowledge of modern science from the work of muslim scientists. Philosophy from Greek philosopher and thinkers.
They never had any copyright over their intellectual work !
Piracy falls under the category of crime if your country's law says so.
My country, like many other countries does not enforce many laws, including copyright law. So piracy exists and it is widely accepted.
If our government enforces the law, then doing against it will be a crime (not sin) punishable according to the country law.
Seminole,
All ideological nations produce technology of some sort Islamic contribution towards new technology produced by the capitalist nations is not disputed by anyone and neither is greek contribution towards Muslims advances in this area.
However advances in technology is not a measure of the validity of the ideology and my entire post described capitalism not communism since in communism everything belongs to the state.
In the pursuit of profit new medicines are made and not to solve human problems. So a poor African boy who has aids but no money to buy medicine has to suffer because giving medicine away is not profit. The fat cat capitalists see every human life as a investment and not a human life. So a company director has more value than a road sweeper because the company director's work affects the GDP a lot more.
If an ideology isn't interested in solving human problems and only interested in profit then can that ideology be true because all ideologies try to bring a system by which human problems are solved.
The basis of capitalism is flawed. It arose from a compromise between the church and the philosophers.
The church said 'there is a god and we must obey god in all our actions'
The philosophers said 'there is no god and we will live our life any way we want to'
Can there be a compromise between these two distinct viewpoints. However irrational it seems there was a compromise and the church agreed that the people can live how they want as long as they didnt say that there was no god and the philosophers said we will ignore your belief in god as long as you let us live how we want.
This was the birth of secularism and out of the 'freedoms' specifically freedom of ownership, came capitalism.
It is like asking, Is it OK to Screw the Neighbors wife :D