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.” . . .

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. . . .

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. . . .