Is it permissible to download books uploaded to the Internet in PDF format

Hello and greetings,

There is a division among the poskim regarding ownership of an intellectual creation that is not a physical creation and whether its reproduction can be prohibited. In fact, the majority of the poskim believe that there is intellectual property ownership over an idea-based creation, and from the standpoint of ownership, copying the software would be prohibited.

The Sephardic Chief Rabbi R. Ovadia Yosef holds the opinion that ownership of an idea-based creation, which is not a physical creation, constitutes intellectual property ownership. According to his view, there is a prohibition on reproducing the software due to ownership.

However, a work that was uploaded to the Internet, the poskim wrote, can be downloaded for personal and non-commercial use, since a work that went online its owners lawfully despair of it was lost in the ‘Zoto shel Yam’.

Also, as I understood, even on the part of Dina Demalkhuta Dina according to the Copyright Law, there is no impediment to the use of conceptual works for personal use that is not for commercial purposes.

Therefore, to the extent that these files are on the Internet for anyone who wants them, you are entitled to download them and use them for personal purposes.

Wishing you success in your learning

Rabbi David Ohayon

sources