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In the Name of God بسم الله
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Ibn al-Hussain

Software Piracy

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(bismillah)

(salam)

piracy2.jpg

piracy.jpg

http://www.sistani.org/html/eng/menu/4/?la...code=191&page=1



Answer : If someone else has cracked the software, you can use it but you are not allowed to copy or burn it.

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Question : A lot of Islamic books and software have copyrights on them. What is the Islamic view of copyrights? If I photocopy a book or duplicate a CD with a copyright am I doing a sin?

Answer :  Copying or duplicating a book or software without their owner's permission is not permissible.

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Question : What is the ruling on copying computer software, movies, audio CDs and other such things, which bear the wording “All Rights Reserved” or “Copyright”? Does this rule apply equally to Muslim made products and those made by individuals and or companies which are not Muslim?

Answer : Copyrights must be respected; it is not permissible to copy a product, if it is against law.
Question : Can I use cracked CD software? 

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^... ok im dont get it the first say's yes then the other say's haram  :dry: there's has to be 2 sistani sites one is a wahabi sistani site and the other is the real one  :Hijabi:

<{POST_SNAPBACK}>

(bismillah)

(salam)

Lets put it this way.

ALL THE LAND in the USA is stolen land, USURPED land.

but we can buy it cuz we didnt steal it, someone else did.

We can download something that someone ELSE stole.

But COPYING it or STEALING it YOURSELF is haram

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^.. then why is buying somthing that someone stole haram its all tha same

<{POST_SNAPBACK}>

(bismillah)

(salam)

Ya me neither, I read in a book that buying somthing that someone else stole is haram.

then me living in america must be haram, cuz the "colonists" stole this land im sitting in from american indians...

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not permissible = la yajooz .

La yajooz is different than haram (prohibited , forbidden) .

Look at the answer in the second fatwa (the 2nd pic) :

The said act is not considered stealing // but if it is against the law , it is not permissible .

The first part is the Shar'i one . The second part is the 'Urfi one (custom/tradition/non shar'i laws ...) .

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Salam,

Perhaps you are right. We need more clear answer from Ayatollah about it. One thing is clear though, if it's against law of the country someone is living in, then it's bad...

For me, our country does not have any law about it, atleast I don't know of any! P.S. One can say 80-95 percent of the people are using pirated softwares around me, even Government it self used the same till few years ago...

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Please consider it from the developer's perspective (I am a software engineer by trade).

I create software with the intention of selling it and making a living out of it. I select the appropriate license for the software (e.g. proprietary, open-source, etc.) for a desired outcome. You can "pirate" the software only if it is in opposition to the license agreement. For example, it is not possible to "pirate" freeware software. Nor is it possible to "pirate" software released for the general public. "Piracy", fundamentally (not technically), only comes into effect when you disobey the license agreement set out. By doing this, you are essentially using the software without the permission of its creator. For the same reason you cannot borrow someone's possession without their consent, you cannot use a software without the owner's consent. From this reasoning, it is not an issue of stealing, it is an issue of using a tool without the creator's permission. Even if someone else cracks it, or you downloaded it from someone else, you are still using it without the creator's permission. As such, it would only make sense that it is Haram.

A copyright statement is not required for copyright to be intact. In most countries, legally, copyright laws come into effect upon the creation of the piece of work. You do not have to state it, or request copyright protection for it. It is automatic. This applies more when someone copies and claims ownership of someone else's work, not when you download, since the owner can sue you only for the financial damage you may caused them. However, countries are adding complimentary laws that fine you for downloading illegally.

Just my two cents. :)

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