The Islamic Ethical Dilemma Of Software Piracy Religion Essay

Introduction

The popular construct of package buccaneering is that it is the activity of a minority of stray pirate-hobbyists, copying and trading package for their personal ingestion. Microsoft ‘s allegations reflect a world that package buccaneering has expanded from the sleeping rooms of computing machine ace childs to a planetary trade in stolen package accounting for untold one million millions of dollars in lost gross to the package industry. But Microsoft ‘s statement is even more revealing, in that it indicates the impact of package buccaneering goes far beyond lost income for package company stockholders. It affects lost occupations in local economic systems, lost revenue enhancement grosss to authoritiess, and reduced quality and increased monetary values for consumers whether private persons, educational establishments, or concerns.

What is Ethical motives?

Ethical motives has been defined as:

“ The normative scientific discipline of the behavior of human existences populating in societies – a scientific discipline which Judgess this behavior to be right or incorrect, to be good or bad or in some similar manner.

Some cardinal footings used in this definition are briefly explained for a better apprehension of the construct.

What is the Software buccaneering?

Software buccaneering refers to the unauthorised duplicate and usage of computing machine package. Software developers work hard to develop solid package plans. If those applications are pirated and stolen, the package developers will frequently be unable to bring forth the gross required to go on back uping and spread outing those applications. The effects of package buccaneering impact the full planetary economic system. The decreased grosss frequently divert funding from merchandise development, and consequence in less research and less investing in selling

Software is rational belongings, and is protected by right of first publication Torahs in most states. Most package licenses grant users the permission to utilize the package, but the license holder does non “ ain ” the package — they merely have a licence to “ utilize ” the package. Pirating package, besieging the transcript protection, and non decently licencing the package is illegal in most of the universe. And in most states, it is illegal to go against or besiege package right of first publications. Unfortunately, due to the planetary nature of the Internet, it is frequently hard to implement those copyright Torahs. If the plagiarist or wrongdoer is located in a state that does non esteem right of first publication Torahs, it can be hard to implement punishments against package plagiarists.

Software buccaneering is one of the most influential factors endangering the package industry in its attempt to make a planetary market place for its merchandises. Harmonizing to the BSA ( Business Software Alliance, 2008 ) , the package industry lost US $ 48 billion worldwide from buccaneering in 2008, US $ 8 billion more than the anterior twelvemonth. The rate of package buccaneering reached 38 % worldwide in 2007.

The copyright violation of package, or package buccaneering, is illegal in many states. Even in states where there are notA legalA steps in topographic point for the protection of copyrighted package, there are some compelling ethical issues that may be considered both for and against package buccaneering

The Difference Between Islamic and Other Ethical Doctrines

It should be obvious from the predating treatment that the Islamic Ethical doctrine differs from the other doctrines on two basic histories:

The beginning or the motivative factor in attachment to ethical rules under the Islamic ethical doctrine is chiefly the articles of religion of Islam. In other words, ethical behaviour, under the Islamic ethical doctrine is a necessity of the articles of Islamic religion. An attitude of divergence from ethical rules is a practical negation of attribution to the very elements of Islamic religion.

The practical application of ethical rules of the Shari`ah, with the basic cosmopolitan ethical rules themselves, are a portion of the basic codification of ethical behavior in Islam. Thus, forbearing from Riba is every bit much a portion of the Islamic codification of moralss as covering with others in a merely mode.

‘Why Be Ethical? ‘ in the Islamic Perspective

In one of the predating subdivisions, we had seen that the assorted schools of moral philosophers have given their ain replies to the inquiry that why should a individual choose to act in a mode that is considered to be in maintaining with the ethical norms and criterions of his society. In this subdivision, we shall see what is the reply to this inquiry from the Islamic position.

Before we consider the reply to the said inquiry in the Islamic position, it seems necessary to clear up that in a figure of state of affairss, the inquiry of diverting from an ethical rule does non even originate. Let us take ‘honesty ‘ , as a instance in point. There are a figure of state of affairss in one ‘s life where there is perfectly no ground to divert from honestness. For case, if person, under normal fortunes, asks me my name, I am non likely to divert from the rule of ‘honesty ‘ . I would, in most of the instances, tell him my name really ‘honestly ‘ . It is merely under fortunes where a high – stuff, physical or emotional – monetary value is likely to be paid or a great benefit likely to be sacrificed that one needs a good ground to adhere to ‘honesty ‘ . The same would keep true for all ethical rules. It is merely under fortunes where attachment to ethical or moral values is likely to be followed by a loss that this attachment needs a ground.

The ground for such attachment, from the Islamic position is merely that it is a direct demand of the articles of religion of Islam to adhere to such ethical or moral rules, irrespective of the volume of cost that has to be borne or that of the benefit that may be lost. The declaration of Imaan ( religion ) non followed by good workss, in the eyes of Islam, is either lip service or ignorance.

A individual who truly believes in the Islamic articles of religion ( Tawheed, Risalah and Aakhirah ) can non be forgetful of the practical demands of these articles of religion. Ignorance of the practical demands of these articles of religion, translates into ignorance of the articles of religion themselves. Furthermore, being forgetful of carry throughing these demands practically refutes the really being of true Imaan in one ‘s bosom

Islamic Perspective of package buccaneering.

Most of the presently accepted western basic rules of moralss in research are consistent with the instructions of Islam ( Editorial, 2006 ) . Prophet Mohamed ( peace be upon him ) said, I was sent to finish the prototypes of Ethical motives ( Abdel-Baky, 1951 ) . The instruction of Islam covers all the Fieldss of human activity. The instructions, which cover mundane activity is calledA Shar’iah. Western states do non understand why Muslims are against execution of secularisation in their states. We have to understand that Islam is non merely a faith ; it is a manner of life. As mentioned earlier, theA Shar’iahA controls every twenty-four hours activities of Muslims ( Editorial, 2006 ) .

Our societies have different regulations that make us different from the other states. Unlike western states, Islamic societies lack a distinction of secular and sacred. All Muslims are requested to act harmonizing to Islamic law. Islam has a different construct of belongings, which entails different positions of the rational right. In general, Islamic law is inclined more toward the public involvement when it contradicts with single involvements.

Recording computing machine plans videos or others is out unless permitted by their proprietor. Here is the Fatwa of the lasting council of Fatwa in Saudi Arabia:

“ It is improper to do transcripts of plans whose rights are reserved to their proprietors except with the permission of these proprietors. The Prophet said: “ Moslems are bound by the conditions they set amongst themselves ” .

[ Al Hakeem ]

The Prophet besides said: “ Cipher is permitted to take the belongings of a Muslim unless the Muslim permits him voluntarily to make so ” .

[ Al Daraqutny ] .

The Prophet besides said: “ Whoever takes clasp of a lawful thing before others, he has more right to possess it than others ” [ Abu Dawood ] . So, it is out to copy these plans without the permission of their proprietors irrespective of their being Moslems or non-Muslims. So, if the proprietor of these plans forbids merely public copying and allows private one, the individual can copy the plan for private usage as stipulated. But if he forbids both public and private copying it becomes so perfectly out to copy these plans.

Some companies put a mark significance, “ I swear non to mistreat your plan or utilize an unauthorised transcript of it ” . So, if the individual does non follow with his curse that is a major wickedness which could take one to being thrown in Hell-fire.

Another fatwa in respects to pirate package:

Praise be to Allah, the Lord of the World ; and may His approvals and peace be upon our Prophet Muhammad and upon all his Family and Companions.

There is disagreement among modern-day Muslim bookmans refering copying Cadmiums that whose rights are reserved by their proprietors.

First, some bookmans do non legalise copying Cadmiums. And this is the sentiment of the lasting commission for Fatwa in Saudi Arabia. Their reply is as follows:

‘It is non allowable to copy these Cadmiums without permission of proprietors. The Prophet ( Sallallahu Alaihi wa Sallam ) said: “ Moslems are required to honour conditions that they have agreed upon ” . Abu Dawood and al-Saiyouti respects this Hadith as sound.

Another Hadith reads: “ A Muslim ‘s belongings does non go Halal without his consent ” [ al-Tirmizi who said good and sound ] .

A 3rd Hadith reads: “ Whoever antecedes ( others ) to something Halal, he becomes more entitled to possess it ” [ Abu Dawood, al-Maqdisi respects it sound ] .

There is no difference on this governing whether an proprietor is a Muslim or non-Muslim.

If the proprietor states that copying for benefit is non allowed, this means it is permitted to hold some particular transcript for private usage. But, if he does non give any permission, so it is Haram to copy by any agencies and ways.

Second, some bookmans believe that it is Halal to copy these Cadmiums every bit long as for private ( non trade ) usage, particularly for pupils who need these Cadmiums and do non happen the original transcript or even the money to purchase them.

However, the safest place for a Muslim is to avoid purchasing or utilizing copied Cadmiums, nor to copy them. If it becomes hard to happen the original transcripts, so there is no injury to purchase copied 1s, provided that does non take one to vow falsely.

Geting ahold of package without purchasing it is progressively easy ; whether by borrowing a friend ‘s transcript or downloading it illicitly fromA the Internet, 1000000s of people around the universe do it.

Software concern consider as a normal concern that include contracts and conditions, so Islam attached extraordinary importance to the fulfilment of contracts and promises. A Moslem bargainer should be true, kept up his trusts, promises and contracts. Harmonizing to Islam it is desirable to set in black and white all the concern contracts and traffics. As stated in the Koran: – “ O you trusters! Fulfill your contracts ” ( 5:1 ) . That means we are responsible as a exist state that live in the same planet with other states, we should esteem all the regulations of the universe trading and concern even the engineering side.

Recommendations

Whoever has used these plans is obliged to atone to Allaah and seek forgiveness from their proprietors either verbally [ face to confront ] , or by telephone, or electronic mail, or by any other agencies of communicating. If they do non accept to allow him hold those plans free of charge, he should compensate them financially harmonizing to the monetary value of those plans.

We should as Muslims take part in the right ways and we have to play a good function on the ethical issues and fight the misinterpretation of utilizing buccaneering in our society.

In order to halt utilizing buccaneering package I suggest that we should coerce our authorities to back up the specializers of ICT to better the accomplishments of making and invention package that graduated table with the economic system of Muslim states.