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From: teitz@aecom.UUCP (Eliyahu Teitz)
Newsgroups: net.religion.jewish
Subject: Re: Re: Re: Stolen software & halakha.
Message-ID: <1889@aecom.UUCP>
Date: Wed, 4-Sep-85 15:04:45 EDT
Article-I.D.: aecom.1889
Posted: Wed Sep  4 15:04:45 1985
Date-Received: Sun, 8-Sep-85 09:26:18 EDT
References: <1768@reed.UUCP> <253@sesame.UUCP> <1856@aecom.UUCP> <1871@aecom.UUCP>
Organization: Albert Einstein Coll. of Med., NY
Lines: 41

> In article <1856@aecom.UUCP> teitz@aecom.UUCP (Eliyahu Teitz) writes:
> 	Although it is true that in order for a kinyan to be made yi'ush
> is not sufficient, the gemarah in Baba Kama (sorry Eliyahu not Baba Metziah)

	Thanks for the correction.

> in perek Merubah deals with another type of shinui that would place an object
> totally out of the r'shut of the original owner.  This shinui is a shinui
> in the chafetz itself.  For example, the gemarah discusses a case where
> someone steals a young sheep and the sheep subseqeuntly grows fat (or thin as
> the case may be), there is then an arguement as to whether this constitutes
> a shinui in the chafetz.  Now although there is no shinui r'shut for the program
> there is a shinui in the chafetz of the program (i.e. it has been transferred 

	The question now is whether it is considered a shinuy ( change ). 
 Just because I change the electrical charge of a piece of magnetized plastic
 have I change the disk. There is no noticable physical change ( at least
 to the human eye ). Does this count as a change or not?


> to another disk).  Also, I would be interested in hearing whether there actually
> is a shinui r'shut.  If the program is considered the property of the author
> then although I have the program in my hands it could still be considered
> in the r'shut of the author. For a precedent to this we have the concept of
> pikadon in the hands of a shomer.  Many rishonim hold that the pikadon is in
> the r'shut of the original owner although it is in the physical r'shut of the
> shomer.  If so then when someone transfers a program to their own disk they
> have in essence created a shinui r'shut.  


	I think the comparison is faulty. When I give someone an object to
 watch I will eventually be getting my object back. When I buy software, or
 anything for that matter, the seller is not going to get his object back,
 unless he wants to buy it back. When I buy a program I have no intention of
returning it to the author.
  So it is not similar to a pikadon. Our situation
 is a regular sale and with the completion of the sale there is a shinuy r'shut



			Eliyahu Teitz.