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Pirating old version of a software that is not sold anymore

Answered according to Hanafi Fiqh by Fatwaa.com

Based on the previous query, For example, the newest version of photoshop is CC 2021, would be haram if I pirated an old version that is not sold anymore, for example CC 2020, or CS6 2014?

Answer

Wa’alaykum as Salam wa rahmatullahi wa Barakatuhu,

As mentioned in Fatwaa #2975, copyright laws and intellectual property rights are there to protect the initial investor from loss and damages. Islam recognizes and strongly advocates not harming any person.

Furthermore, downloading a pirate version that is no longer being sold will be permissible.

Also, ‘downloading’ the pirated software is different from ‘pirating’ the software. Pirating software will eventually lead to the widespread distribution of it; hence, it will not be permissible.

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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