In our continuing effort to expose the foundations of Open Source Judaism in Jewish source texts, we have made a transcription of Rabbi Ally Ehrman’s shiur (lesson) explaining Rabbi Yitzḥok Hutner’s ראש השנה מאמר ב “Rosh Hashana Ma’amar 2” (circa 1950s) published in Paḥad Yitzḥok, (a compendium of Rabbi Hutner’s teachings from the 1950s until his death in 1983). The ma’amar is an explication of the verse in Proverbs and familiar to anyone that sings Eyshet Ḥayil before the Sabbath evening meal, “She opens her mouth with wisdom, and a loving-kind Torah is on her tongue,” (Proverbs 31:26). The ma’amar weaves ideas by the Maharal from Gevurot Hashem (6:4) commenting on the gemarah in Talmud Bavli Sukkah 49b that the meaning of Torat Ḥesed (loving-kind torah) is a torah learned with the intention of being retransmitted. Via the MaHaRaL, Rabbi Hutner teaches that this effort in giving is an act of loving-kindness whereby a new work is made freely and shared completely without any diminution of the source, the giver, or the recipient. . . .
How does rabbinic Judaism value openness? What does openness mean? This sourcesheet accompanied the shiur “‘Make yourself into a Maqom Hefker’: Rabbinic Teachings on Open Source in Judaism,” a class I taught on Taz biShvat 5774 (January 16th, 2013) in partnership with the Sefaria Project for Parshat Yitro. The shiur discussed the concept of דִּימוּס פַּרְהֶסְיַא Dimus Parrhesia (δῆμος παρρησία) as a valued ideal in Rabbinic discourse: its cameo appearance in midrashic teachings on Parshat Yitro and its relationship to other relevant ideas and attitudes in the study of Torah and the Jewish stewardship of the Commons. . . .
Since we all live under the current terms of each of our respective nation’s copyright laws, simply making something available or accessible over the Internet doesn’t make it free under copyright for others to use and improve upon. That’s why open content licenses exist: to abrogate the restrictions imposed by copyright law. We rely upon these open content licenses here at the Open Siddur Project. . . .
To help creators of new works navigate the panoply of free/libre, open source, and copyleft licenses, I made a decision tree flowchart as an image map with clickable links to respective licenses and relevant articles. . . .
This post continues the series of advocacy posts directed at Jewish content creators and aggregators. Other parts of the series discussed the global communal benefit of free primary data resources and issues of copyright license compatibility and the connection between copyright licensing and remixability. While my previous post briefly mentioned the non-free Creative Commons licenses, this post details why you should choose a free culture license. In particular, it urges you to avoid the licenses with the non-commercial-use only (NC) terms. . . .
Last Sukkot 5771 (2011), Efraim Feinstein shared the sourcesheet for his late night shiur (lesson) on copyright in Rabbinic Halakhah (Jewish law). Efraim’s research adds a great deal of important perspective to our work here on the Open Siddur Project. It provides relevant historical context for our work advocating the adoption of free culture principles and free-culture licenses to facilitate sharing (tachlis) within the Jewish world. . . .
The free culture community has developed mechanisms to make sharing and collaborative development easier. The principles that define works of free culture are:
- the freedom to use the work and enjoy the benefits of using it
- the freedom to study the work and to apply knowledge acquired from it
- the freedom to make and redistribute copies, in whole or in part, of the information or expression
- the freedom to make changes and improvements, and to distribute derivative works
Note that these freedoms do not discriminate on the basis of endeavor, and all free culture works allow creation of derivative works and commercial use. . . .
Cultures, including our own, breathe creativity and exhale innovation. We rely on the creative works bequeathed to us by earlier generations to remain rooted in our cultural identity. Synagogue members and kids in day schools, summer camps, youth orgs, and creative Jews working on their own can all benefit from our educational, cultural, and spiritual institutions cooperating with one another in sharing the bounty of our cultural heritage. As Jews, are we not all collaborating on a grand project of Torah learning, spiritual improvement, and tikkun olam? It’s time our cultural licensing choices reflect these profound intentions. . . .
Free, open data prevents the necessity of duplication of effort, which, in turn, prevents the community as a whole from unnecessarily wasteful spending. Particularly for organizations with a social mission, its use is a win for everyone. . . .
Often we are asked here at the Open Siddur Project why we cannot simply use the digitized texts of the siddur that are available from Davka Corporation. Our instinct was that Davka only granted permission for individuals to use their digitized Hebrew texts under fair use doctrine. To be certain, we sought to find the the text of Davka Corporation’s End User License Agreement (EULA) and failing to locate this information online, friends of the project provided us with the EULA included with the packaging and software installer for a Davka software product: DavkaWriter Dimensions II. From the language of these license agreements, it is clear that the text Davka is providing is not free for end-users to distribute or to create derivative works. Section 4(a) of the EULA reads: “You may not use the texts in the software to publish materials for sale without express written permission from Davka Corporation. Preparation of these texts has entailed considerable effort and expense. They are not shareware, and should be used by no one other than the purchaser.” . . .
Given that more than 50% of the Siddur is comprised of text from the תנ׳׳ך (TaNaKh) any project that seeks to rigorously attribute its sources depends on a critical, digital edition of the Masoretic text of the Hebrew bible. And such is the case for our Open Siddur Project. The entire history of the transmission of such a profoundly important sourcetext illustrates the degree to which we rely on each others most positive intentions to advance our love of the Torah through sharing — regardless of sect, creed, scholarly or theological inspiration. Moving ahead we are supported by each others gifts and by the preserved legacy of our cultural inheritance. . . .
For a relationship as intimate as that with one’s own spirit, we might assume that the only spiritual tools provided to individuals have this degree of personalization, but this of course, is not so. Printed siddurim were designed with other goals in mind. As a technology the siddur only became widely adopted by the Jewish public in the mid-19th century. Printers of siddurim have designed their siddurim to appeal to mass markets, each edition of the siddur representing a specific communal custom, and when translated, the specific language of a community. It’s no surprise then that for many Jews their spiritual identity is closely mapped to the liturgical variations represented by their Siddurim. . . .
How good are you playing this amazing, venerable role-playing game called Judaism? Playing your whole life? Grand. So is it fun? Is it worthwhile? Would you recommend it to your friends? No. All right… so why not? Oh. Yeah. Oh… true. Ok, yeah, those are all good reasons. But what if I told you there was a way to play it better. Not everyone will catch on at first, but it should satisfy the most conservative players AND the most innovative. The geeks will love it and it will lower the bar for entry to even the most simple of players. Ok, it does sound too good to be true. But hey, what’s the point of playing the game if you’re not willing to suspend the physics of the familiar and try on a new set of rules. Embrace the illusion. Try on a new reality. Help create a new one, together. I just want players to use their imagination, feel appreciated instead of alienated, and just improve the game for everyone. So what is it? I’ll tell you. . . .
Some might seem surprised that this work isn’t in the Public Domain simply by virtue of the song’s popularity. Translations of Banu Ḥoshekh L’garesh are not uncommon despite the apparent lack of translation rights provided to translators. This all underlines how copyright is regularly ignored in the living practice of creative cultures. And yet, copyright law and the protections it affords are ignored at the peril of a copyrighted work’s remixers, publishers, translators, and other creatives. Both the song and an anonymous English translation are here being provided as an example for this article on copyright under Fair Use. Each individual contribution to our collective intellectual commons may be small, but together, our contributions will make a tremendous resource for a renewed vibrant living and creative culture. . . .
I invite you to think of the Torah as a free and open platform rather than a closed one, and to see your work similarly. The takeaway I have for you today is to adopt an open source strategy for your non-profit work in the manner that Maimonides, Hillel the Elder, or the Sfas Emes would. Express faith in your organizational mission by opening up the development of that which you are innovating to the broader community, maintain a low bar for entry and to cultivate a market for wide adoption, and eschew closed source development and proprietary licensing. When your actions are guided by your business model rather than your mission statement, it’s time to revisit your mission statement and rethink your business model. . . .
“The golden rule here is that when people share Torah,” said Aharon N. Varady, founder and director of the Open Siddur Project, “Torah is increased in the world.”
In my interview with Jonah, I explained to him the teaching of the Sfas Emes, the Gerrer Rebbe Yehudah Aryeh Leib Alter, who taught in his drash on parshat Terumah, the following.[ref]Translation is Rabbi Arthur Green’s from The Language of Truth: The Torah Commentary of Sefat Emet (JPS 1998, p.121, copyright all rights reserved, and here quoted through Fair Use.[/ref]
The Midrash Tanhuma quotes: “I have given you good lekaḥ (teaching)” (Proverbs 4:2). [Lekaḥ can also refer to something acquired by purchase.] It then offers a parable of two merchants, one who has silk and the other peppers. Once they exchange their goods, each is again deprived of that which the other has. But if there are two scholars, one who has mastered the Order of Seeds and the other who knows the Order of Festivals, once they teach each other, each has both orders. . . .
We just learned that yesterday (April 27, 2010) that John Bruno Hare, founder of the Internet Sacred Texts Archive, passed away. John’s last decade of life was deeply invested in breathing life into public domain texts that had never been digitized. All this material was released back into the world as freely licensed content. Just . . .
At the beginning of the talk, the audience expressed some discomfort with the idea of copying from one website to another, even if the original author is attributed. The main concern seemed to be that the author potentially loses control of his/her message if he/she has no idea of the remainder of the content of the website. On the other hand, one audience member who posts reviews on book review sites had an innate sense of the concept of mutual benefit: she posts reviews of the books she reads in part because she reads reviews posted by others. . . .
Think of a favorite book, or siddur, and think of the style of the letters in it. Fonts are used to forms the words and portray the liturgy, poetry, and other texts. More often than not, these fonts are not free. They are licensed from typographic designers for a fee or used with permission. Sometimes . . .
Advocacy for creative works’ freedom represents a paradigm shift in thought among content creators: In a free culture, a premium is not placed on the material as-such or even the particular rights associated with the material. Instead, it is on the users’ freedom, and it is that freedom that is the prerequisite to large-scale creative engagement with educational material. . . .
The Open Siddur is an online tool for individuals and groups to craft the siddur they’ve always wanted. The Open Siddur will provide content (translations, transliterations, art, tfillot, piyutim, and other source texts) from an archive of current and historic nusḥaot (both well-known and obscure) and enable users to adapt, contribute new content, and share the siddurim they’ve generated. Partnerships with on-demand printers enable users to print beautiful copies of their personally customized siddurim and machzorim. The Open Siddur benefits independent minyanim and trans-denominational communities, pluralistic institutions, teachers of Jewish liturgy, and Jews of all ages evolving their personal use of t’fillah in their own daily practice, both alone and within groups. . . .
Culture hacking either respects copyright or ignores it. One of the pillars of the Open Siddur is its respect of copyright and its attempt to make available a digitized repository of Siddur content that is available for editing, mashups, and remixing, i.e., “derivative works” that may be redistributed without restriction. For example, we want you to have the freedom to take the nusaḥ Ashkenaz, borrow kavanot from the nusaḥ sfard, and piyyutim (liturgical poetry) from the nusaḥ Romaniote; add and edit existing translations of familiar psalms and contribute and share your own translation of obscure piyyutim; share the pdf you build at Open Siddur and give it to an artist to apply an even more beautiful layout than the one we provide; and even redistribute the siddur commercially. . . .