Preserving Public Domain resources from End User License Agreements in Proprietary Torah Databases

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.” . . .

Pirate Siddurim vs. Open Siddurim (PresenTense 2009)

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. . . .

Digitizing Siddurim (PresenTense 2009)

For those of us interested in working with Jewish texts, the idea others claiming copyright on our foundational sourcetexts, digitized or not, seems like an absurdity. We enliven the works of our ancestors by studying their teachings, and meditating on and singing with their prayers. The inspired author or authors of these works gave their work freely to the Jewish people and to the world. All the tradition demands is correct attribution, as is taught in the Pirkei Avot chapter 6:6, התורה נקנית בערבעים ושמונה דברים. ואלו הן: (….)והאומר דבר בשם אומרו. הא למדת כל-האומר דבר בשם אומרו מביא גאלה לעולם, שנאמר “ותאמר אסתר למלך בשם מרדכי …the Torah is acquired by means of forty-eight qualities, which are: (….) [and lastly] what the student has heard from others she will quote in the name of him of whom she has heard it. For so you have learned: He who quotes something in the name of the person who said it brings deliverance to the world. For it is said: “And Esther said to the King in the name of Mordechai.” . . .


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