Jurisprudence of Markets *                                                                                                                  

Go to: PARTII We see in some stores a sign saying “No exchange or return for sold merchandises’. Is this legally binding? Do these signs nullify any other factor such as time, defect, etc­? This sign is the same as the condition stipulated in a contract making any other factor invalid. Consequently, the sale process becomes definitive and binding where no second thoughts or other options are allowed. However, the validity of this sign remains dependant on the purchaser being able to read it because it is very likely that he might not take notice of it, or it could be even simpler as the purchaser being illiterate. Some stores display retail commodities confiscated by custom authorities. Is it lawful to buy these commodities? In principle, these goods are unlawful to buy since the owner of which did not willfully or contentedly waive his right over them. If these owners were known or if it was possible to get to know them and obtain their approval or permission; then there would be no unlawfulness in buying these products. On the other hand, if these owners remained unknown; the bought commodities fall under the judgment concerning the unknown owner where there must be recourse to a the ruling that is decreed by the Shari’a. Some people visit car exhibition centers or other shopping centers asking for certain specifications they want in a car or in a certain commodity; and they actually promise sellers to buy the product they asked for once it becomes available. Is this promise considered legally binding? If the promise included a request to actually import the product to the purchaser’s credit, so that the owner of the commercial enterprise becomes the purchaser’s authorized agent in the purchasing process, or if the issue took the form of a settled business deal; his promise becomes binding in the said case. As for when the situation is only about negotiating or chaffering including no transactional commitment; there would be no binding factor in such case speaking from a contractual perspective. For, indeed, no contract has been established between the two parties; there has been neither a procuration nor a business transaction. Still, it is preferable to keep one’s promise for the sake of being relieved from the burden one is bearing. Copyrights Do copyrights have any material consideration? Is printing allowed without obtaining the authorization of the writer or the publisher knowing that the latter spends a lot of money to get the writer’s approval in the early stages of the contract, let alone the money he spends on the preparation of the book? Taking into consideration the rights writers and publishers are entitled to, printing is not allowed without obtaining their permission. In its general meaning, a book has a financial consideration that differs from the common conviction that used to prevail in previous times. This old conviction stated that the financial value of a book lies in the original copy that the author possesses; and consequently, printing the copy possessed by the publishing house was not regarded as a violation of one’s intellectual properties because, according to the said view, this does not represent an infringement on the author’s property since he owns nothing but the copy in his possession. In return, the new reasonable view considers that the financial value of a book lies in its qualitative aspect, which means that printing a book without a permission is a violation of the author’s or the publisher’s rights. So, whatever party perpetuates such doing is regarded as a thief, a usurper and a transgressor because the money it is dealing with belongs to a specified entity. Likewise, this judgment applies to all what wise people regard as carrying a financial value in their quality rather than their physical existence such as inventions and the like In fact, all of this sets from a very solid and fixed basis; that is, the financial value of money varies in accordance with the variation of the reasonable consideration which actually develops, in its way of perceiving things, in concordance with the development of economic situations that will, naturally, necessitate new considerations. Nothing actually tells us that we must stick to our old fashions in viewing affairs or situations, especially concerning the financial value of money because this particular issue changes and grows in harmony with the needs upon which considerations and views are based. Indeed, what has no financial value might acquire this characteristic such as paper money; and what has this value might lose it if the previous consideration ceases to be effective such as abolished currencies. Sometimes publishing houses print copies more than it is agreed upon with the author and sometimes they print more than one edition without obtaining the permission of the author; are they lawfully permitted to do such thing? No, they are not because this represents a breach of the contract between the author and the publishing house on the one hand. And it is a violation of the author’s right to have his work published as he wishes on the other hand. That’s actually what we have been previously talking about when we said that the author does not simply own the original written or printed copy he has of his book, but he is rather in complete possession of his book and all the details of copying that this might include. Do authors enjoy the right of having their books printed in more than one publishing house at the same time, irrespective of whether these publishing houses are in different countries or not, and irrespective of whether the first agreement did include a stipulation against publishing or did not? In his contracts with various publishers, an author must be clear as regards these details. If they had no problems or reservations, the contract is then deemed legal; but if the printing and publishing contract included a condition refusing the publishing of the same material by another publishing house; in this case, the author is not allowed to have his book printed and published by any other publishing company based on the saying °Believers respect the pledges they have undertaken. PARTII     * Taken from: www.bayynat.org

Copy Rights;  http://www.islamology.com