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This is an archive of essays and articles written and published by Open Siddur Project contributors on the significance of the open-source strategies it employs to share content and facilitate collaboration within the project and partnership among other projects in Open-source Judaism.

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Preserving Public Domain resources from Restrictive End User License Agreements in Proprietary Torah Databases — by Aharon Varady (Open Siddur, 2009)

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.”

Categories:

Tags:

copyleft, copyright, Davka, DavkaWriter, digitization, EULA

Contributor(s):

Aharon N. Varady

Stable Link: https://opensiddur.org/index.php?cat=1181

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We strongly advise against printing sacred texts and art containing divine names as these copies must be regarded with reverence, complicating their casual treatment and disposal.
If you must dispose of a printed sacred text (one containing Divine Names), please locate the closest genizah (often established by a synagogue) and contact its custodians for further instructions. We also recommend using Morah Yehudis Fishman's Prayer for Adding a Work to the Genizah.

Support this work: The Open Siddur Project is a volunteer-driven, non-profit, non-commercial, non-denominational, non-prescriptive, gratis & libre Open Access archive of contemplative praxes, liturgical readings, and Jewish prayer literature (historic and contemporary, familiar and obscure) composed in every era, region, and language Jews have ever prayed. Our goal is to provide a platform for sharing open-source resources, tools, and content for individuals and communities crafting their own prayerbook (siddur). Through this we hope to empower personal autonomy, preserve customs, and foster creativity in religious culture.

ויהי נעם אדני אלהינו עלינו ומעשה ידינו כוננה עלינו ומעשה ידינו כוננהו׃ (תהלים צ:יז) · "May the pleasantness of אדֹני our elo’ah be upon us; may our handiwork be established for us — our handiwork, may it be established." (Psalms 90:17)

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