Copyright, Franchising and Goodwill

Copyright

Q: A layperson says that even though copyright is haraam, it is nevertheless unethical and against Islamic spirit to copy and freely distribute copyright materials. As in doing so, the company that had produced such copyrighted material in fact loses large numbers of potential customers who had rather opted for the free, pirated copy instead. He says that such behaviour is Islamically unethical as many companies are being deprived of business and customers. His issue is not with copyright, but with those people who freely distribute otherwise costly copyrighted materiel or resell it cheaply. His says such people are unethical and un-Islamic in spirit - but not that there actions are impermissible. He then cites a 2010 report that claims the global loss to software piracy is over $50 billion as a support of his argument. Is there any substance to his claims on the basis of taqwa, ethics, and Islamic spirit?

Using fake software

Q: If I have been using several versions of windows Operating systems (sometimes copies sometimes fake/cracked serial) shall I purchase individually all the copies I have used? Problem is I don't remember all the softwares I have used and for how much time I used them. Does it constitute as debt if I don't purchase all the versions of windows I have used? Thanking you in advance for your time and consideration.

Selling replicas of branded items

Q:

1. I am planning to sell clothes and bags, some of which are original designs, but some are exact replicas of international brands. Since copying any branded item is forbidden by the law of all countries, and copying any such item means violating copyrights, is it haraam for me to sell such products? I will mention that these products are copies and not original.

2. If I sell a sleeveless dress or a dress that has net sleeves, will it be haraam if I know that the woman buying it will wear it in front of non-mahrams? Since I know that she does not cover herself, will I be helping her in sinning and will my earning be haraam?

Setting up an ebooks website

Q: I want to start a website where people can download books for free. Normally, we download books from other websites and upload on our website. People come and download the books. My questions are:

1. Is it permissible to make books available for free download without the permission of the authors?

2. Downloading books from others and making soft copies of your own seems wrong. Is it a sin?

3. Is the money made from such a business haraam?

Goodwill/Increasing the Price of the Shop Fittings

Q: I am aware that in Shari’ah, it is not permissible to charge anything for goodwill. However, I was told that if you attribute the same excess to the ‘shop fittings’ figure for example, it will now become permissible. Is this true? How can it be permissible when the purchaser, seller and the receiver are fully aware that this inflated figure is not a true reflection of the shop fittings figure?

Copyright

Q: Kindly provide a ruling for the following:

Zayd gives a book to publisher A for publishing and gives him the copyright. The book is printed in 4 parts, but not printed to a very good standard and quality. Zayd now wants to publish the book with much better quality. He makes changes to the book, changes the name and produces it in one volume. Can he now give the book to publisher B to have it published by the new publisher?

Copyright

Q: I am a student. I have few notes that are copyright and very expensive but  I have a copy of them. Can I sell copies at a low price as a lot of people are looking to buy them online and I need money for further studies?