BUYING SOFTWARE & REMINDING BILLER
QUESTION 22: HONESTY WHILE BUYING SOFTWARE ON WEB
A software company has a web site where one can buy their
software. One button says 'click here to buy the software'
and the price is listed at $99. Another button says 'click
here to buy the software if you have a competing product', and
the price is $79. They don't ask for any proof that you have the
competing software, the system works totally on the 'honor system'.
Can one assume that most people 'lie' and that the company doesn't
really care as long as you buy the product, or is it wrong to use
the second button if you don't already have a competing product?
RABBI BELSKY'S ANSWER
If you don't have a competing product, I don't think they would
be willing to sell it to you for less than $99. Why should there
be a dispensation? You're taking something that is not yours. It
belongs to someone else. It's theft.
QUESTION
So it's a question of lying and dishonesty?
RABBI BELSKY
Yes.
QUESTION 23: CALLING UP TO SAY YOU HAVEN'T BEEN BILLED
I have a friend who has a small 'web site', and he uses a small
Internet Service Provider company that gives him connectivity.
For the past 6 months, my friend has not been billed. He fully
intends to pay, but he is short of cash right now. It's even
possible that the owner of the Internet Service Provider company
is not anxious for the money, and is confident he'll get paid when
my friend is doing better, even though they never discussed it.
Is my friend obligated to call company up and say that he hasn't
been billed, even though it might mean he won't be able to pay
even if he is billed?
RABBI BELSKY'S ANSWER
This is not strictly speaking an "honesty" question, because your
friend wants to pay. In ordinary circumstances, the right thing
would be for him to call the company, and let them know he hasn't
been billed. But here it would be ridiculous for him to call up
and ask to be billed, and then say, "I can't pay you." When he
has money, or when he's able to borrow the money, then he should
call the company up to bill him.
QUESTION
If you have the money, are you obligated to call up someone
who - by mistake - hasn't billed you?
RABBI BELSKY
Yes. The one who should have received the bill must correct
the error made by someone who didn't send the bill. Ta'us l'olam
chozer -- one always returns money to the person who should have
charged, but by accident didn't. When you take something from anyone
without paying, it is gezel (theft). The fact that he forgot to
bill you is irrelevant.
NEXT WEEK'S QUESTION 24: HAVING THE MONEY FOR A LAWYER
When a person goes to a lawyer, often the lawyer asks for some
money down, and expects to be paid the balance after the service
is performed. Let's say there is a pressing reason to use a lawyer,
but you only have enough for the down payment, and you are pretty
sure that coming up with the rest will take quite a while after
the lawyer does his work. Is it essential to reveal this beforehand
to the lawyer, or even wait to go to the lawyer only until you are
very sure that you will have all the money when it will be required?
What if it is essential that the legal service be performed now?
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