Volume 27 No27 February&March 2003
 
Open Forum
In Issues And Views ...........A Free World & U.S. Appeasers | Horrors Of war | Piracy:A Threat To nation
 
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Piracy: A Threat To Nation

FATWA
THE INTERNATIONAL LAW FIRM
SULAYMANIYAH CENTER, TAHLIA STREET
P.O. BOX 22166, RIYADH 11495
SAUDI ARABIA
TELEPHONE (966-1) 462-8866
FASCIMILE (966-1) 462-9001

[Unofficial Translation]
in the Name of Allah, the Merciful, the Compassionable
Kingdom of Saudi Arabia
Presidency of Scientific Research and Ifta
Secretariat General of the Senior Ulema Board
Fatwa (Legal Opinion) No. 18453 dated 2.1.1417H (195.12960)
Thanks be to Allan and Peace and Blessings upon the Last of the Prophets.
The Permanent Committee for Scientific Research and Ifta (Islamic sharfa legal opinion) has reviewed the query received by the Grand Mufti from legal advice seeker Mr. Majeed Abadi Mohammed and referred to this Committee by the Secretariat General of the Senior Ulema (scholars) Board under No. 2144, dated 8.5.1416H. The legal advice seeker has asked the following question:
I have worked in the computer field for some time. Ever since anteing this field, I have copied software for use without buying original copies of the software. Taking into consideration that said software does not contain any warnings against copying stating that copyrights are reserved (similar to the “copyright received” legend which appears in certain [printed] books) and, taking into consideration that the software owner may be a Muslim or an atheist, my question is: Am I allowed to make copies as I have described?
Upon the Committee’s consideration of the query, the Committee replied that if the owners do not allow such copying, software may not be copied unless the owners’ permission is obtained. [This conclusion is] based on the Prophet’s (PBUH) hadeeth (saying) stating that “Muslims [must] transad business in accordance with their conditions” and “A Muslim’s property does not become legally permissible [to others] without his consent” and “Whoever claims a permissible [property] is more entitled to it” whether the owner of the software is a Muslim or an atheist not at war with Muslims, because the rights of the atheist who is not at war with Muslims and rights of a Muslim are respected equally [and without differentiation]. Allah knows best.
Peace and Blessings upon our Prophet Mohammed, his family and companions.
Permanent Committee for Scientific Research and Ifta.
Abdulaziz Abdullah ibn Baz (Chairman) Bakr Ibn Abdullah Abu Zaid (Member)
Abdulazia Abdullah Mohammed Al Al-Sheikh (Vice Chairman) Saleh Ibn Fawzan Al Fawzan (Member
Looking out for a movie, I came across a little music shop. The shop was jam packed with CD’s and DVD’s. I requested the shopkeeper for a Hollywood flick. The flick was unavailable. The shopkeeper cited copyrights reason for unavailability of that wanted flick.
Surprised by his words, way back home. Thoughts and questions raised in my mind. If this film was safe from unscrupulous hands of video pirates, then why can’t other films be safeguarded? Safeguarded From illegal reproduction and smuggling into Pakistan.
These pirated and smuggled film prints are neither censored nor carries any warning. Widely and easily accessible in local markets. These uncensored film prints are responsible for maneuvering our society astray.
These malevolent video shop owners are earning handsome revenues, through the courtesy of this illegal business. Most of the obscene films are rented irrespective of age and caution. Customers of such movies are basically people from age group youngsters. They regard it as a source of pleasure, fun and pastime.
CD’s and DVD’s have given a free hand to youngsters. They disguisethese obscene CD’s as educational CD’s to their parents. This is done easily by changing flap of the CD. Poor parents having little know how of computers assumes that their kid had spent the whole night going through the books.
Quite a few days back, standing in a video shop. I heard some 14-year-old boy. Requesting video shop owner in a shaky voice. Uncle I want that film. The shop owner disappeared for a while. Then suddenly appeared from his storeroom, with a film in his hand. This is that film, he said. The word ‘that film’ did not meant an ordinary film. But these words are used when one is obtaining a third grade film.Obscenity and vulgarity in third grade movies are excessively high. They are crammed with orgasm. What would possibly be the impact of such films? Consider that 14-year-old lad watching such a film. Obviously he will grow up, but with him the level of obscenity and vulgarity will increase as well. Thereby decaying his cultural heritage and moral fiber.
These uncensored pirated films are producing a nation of unhealthy, uncultured, depressed and frustrated youth. They are intoxicating the minds of youth and deterring them from education. They are a social evil. A social evil rusting our cultural roots and social values. Recently I did an oral communication presentation on pornography. I was amazed to see that websites providing pornographic material comprehensively outnumbers, number of websites providing adverse effects of pornography. There exist millions of servers and websites from where one can download every form of pornographic material. From voices, pics, video clips to live sex via net.
It’s difficult to control pornography through Internet, unless parents become Internet literate. But the flow of pornographic material, through pirated films can be controlled. By proper planning and co-ordination between government and copyright firms.In regard to actions against piracy. I would like to appreciate the work of Royal IPR Securities (PVT) Ltd. This organization has been able to crack down effectively on video pirates, through timely and successful raids.
Piracy is inflicting moral, social and financial loss to our nation. Piracy can be eliminated if we respect copyright laws. If piracy is eliminated pornography to some extent will die as well.
Awareness of copyright education among general public. Strengthening copyright laws in Pakistan. Enforcement of copyright laws. Establishing more copyright firms. Giving more powers to existing firms. Such steps will immensely help in curbing the menace of piracy spreading pornography.

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