
Safact has ramped up its Internet monitoring unit and will be going after more people who pirate movies. A Cape Town man will appear in the Commercial Crime Court again in the next few weeks, after being charged with illegally uploading a movie onto a torrent site, in a case that is a landmark for SA and has the potential to set a precedent. By Nicola Mawson
Should the Southern African Federation Against Copyright Theft (Safact) be successful in its bid, this would set a precedent and drag copyright law into the digital age, an era it has previously not had much effect over.
Safact CEO Corn Guldenpfennig says this is the first time such a case has been taken to court in SA, and she hopes it sets a good legal precedent. She notes more investigations are ongoing and hopes more arrests will be made - in addition to the recent arrest of an alleged accomplice, also from the Cape Flats.
Click Here
[This] is a first for SA You have to be extremely careful before making a first example.
Outdated
Majedien Norton initially appeared in court in December, before the case was postponed to 7 April. Charges have been brought against him in terms of the Counterfeit Goods Act and the Copyright Act.
See also
MS, Hawks see anti-piracy progress
Piracy is not a crime
Southern African Federation Against Copyright Theft
Corn Guldenpfennig
The copyright law dates back to 1978 and the maximum fine that can be imposed on someone selling pirated software is R5 000 per ripped copy.
The Counterfeit Goods Act dates back to 1998, and for first-time offenders, the fine is no more than R5 000 per article or item, or imprisonment for no longer than three years, or to both a fine and imprisonment.
Professor Iain Currie, from the University of the Witwatersrand, who teaches intellectual property law, notes these laws are underdeveloped and do not take into account the digital age. He says, as a result, Safact has to improvise, which is a bit of a stretch.
Currie says the copyright legislation deals with distribution and is more geared to physical copies than uploading.
As the law stands, end-user piracy is not a crime, as the Electronic Law Consultancy spells out on its Web site: The big secret is out: software piracy is not a crime when done for private or individual use, and the worst that can happen to the software pirate is he or she may be sued for the value of the licence he or she should have paid... Piracy is not theft, because theft is a crime, piracy is a copyright violation, and only under certain circumstances is this copyright violation a crime.
Guldenpfennig says uploading is definitely illegal.
Currie says Safact would have faced a problem if Norton had not distributed the movie. He says, should the case be prosecuted successfully, it would mean the outdated laws would be interpreted to cover the digital age.
It is also possible the judge could go so far as to make downloading pirated items illegal, Currie adds.
More arrests
Safacts Internet monitoring unit, which has only been fully skilled for the past six months, will definitely pursue other similar cases and it is also targeting Internet service providers and hosting bodies to force them to get pirated movies offline, says Guldenpfennig. The movie has since been removed from Pirate Bay.
Towards the end of last year, the association succeeded in having torrentbox.co.za removed from the Internet, adds Guldenpfennig. She says criminal prosecutions will be sought if there is a need to go that route.
Guldenpfennig says although SAs broadband connectivity is costly, and not as fast as international offerings, Safact cannot sit back and wait until it is beaten by criminals. Speed and pricing will catch up, but it wont catch us off guard.
Norton, who allegedly uploaded the file, is currently out on R1 000 bail.
Guldenpfennig suspects the ring could be broad and may well point to a serious leak of the film - Four Corners - somewhere. Four Corners was SAs submission for the Oscars, although it was not nominated, and is billed as a coming of age gang thriller.
Safact represents the broader industry and its members include Nu Metro, Ster Kinekor and Sony.
Nowhere to hide
Guldenpfennig would not reveal details about how the suspect was tracked down, but notes the association keeps a careful watch on marketing pages on Facebook before a movie is set to be released. She says Safact keeps tabs on what people say to see if South Africans have seen the film, and then starts investigating.
If Safacts Internet monitoring unit becomes suspicious, it searches torrent sites, which is usually the first place a leaked film will be posted, says Guldenpfennig. She says it then does a reverse investigation to find the uploader and aims to get the post removed.
Guldenpfennig says many torrent sites are willing to accommodate Safact, especially if it has legal backing and its facts straight. Although tracing offenders online can be tricky, Safact uses social networks and screen names to pin down alleged offenders, she explains.
People think they can hide on the Internet. Lots of people tell their whole lives [stories] on Facebook.
http://www.itweb.co.za
Most recent headlines
09/11/2025
Dalet today announced a transformative leap forward for media operations: Agentic Artificial Intelligence (AI) that unifies the Dalet ecosystem under one natura...
22/10/2025
MELVILLE, N.Y. Chyron has released PAINT 10.2, the latest update for its telestration platform, adding support for SMPTE ST 2110 IP workflows, expanding brandin...
22/10/2025
WASHINGTON Run3TV today said NBCUniversal is joining as an investor in the ATSC 3.0 Framework Authority, which develops the Run3TV NextGen TV application platfo...
22/10/2025
ATLANTA swXtch.io will feature two new networking solutions extending the company's reach across more cloud and on-prem workflows at NAB Show New York, set ...
22/10/2025
The Warner Bros. Discoverys HBO Max streaming services has increased prices for all its streaming tiers effectively immediately for new customers. Existing cust...
22/10/2025
LOS ANGELES OpenDrives has signed a new distribution partnership deal with Versatile Distribution Services (VDS) to strengthen its channel and streamline how it...
22/10/2025
WASHINGTON, D.C The organizers of The 2025 NAB Show New York have announced that they are expecting more than 12,000 registered attendees from about 100 countr...
22/10/2025
Samora Pinderhughes Brings Immersive Sound to Berklee's Signature Series The artist and composer, who's worked with Herbie Hancock, Robert Glasper, Co...
22/10/2025
BMI Day at Berklee Celebrates Composer Fil Eisler and Awards Scholarship to Stud...
21/10/2025
NAB New York 2025: Although AES Show Is on Its Own, Audio Will Be a Major Part o...
21/10/2025
NAB New York 2025: Business of Broadcast and Media,' Future of Content'...
21/10/2025
SVG All-Stars: Ethan Folz, Senior Director, Digital Operations and Quality of Ex...
21/10/2025
NBA on NBC/Peacock: Livestream Offers Graphic Overlays, Predictive Gaming, Ancil...
21/10/2025
NBA on NBC/Peacock: At the Front Bench With Producer Frank DiGraci and Director ...
21/10/2025
NBA on NBC/Peacock: NBC Sports, NEP Build Ultra-Flexible Production Plan That Se...
21/10/2025
Indigenous storytelling has been at the heart of the work of the Sundance Instit...
21/10/2025
Top L-R: Mysterious Skin, American Dream Second Row L-R: Little Miss Sunshine, D...
21/10/2025
Last week, Spotify and Columbia Records transformed Pier 4 at the Brooklyn Army ...
21/10/2025
SBS Learn's Dharug Ngurra resource empowers classrooms to meaningfully celeb...
21/10/2025
As global operators simplify and evolve their digital platforms, NPS improvement...
21/10/2025
Critical Design Review completion is a key milestone on the path toward Wideband Global Satellite Communications certification for the network in 2026, opening ...
21/10/2025
New Australian undersea training range to implement and improve warfighting tactics, proficiency and safety; enable joint/allied training that contributes to pr...
21/10/2025
eds3_5_jq(document).ready(function($) { $(#eds_sliderM519).chameleonSlider_2_1({...
21/10/2025
September, the beginning of autumn, brought an expected revival to the TV market, largely due to the new fall TV schedules. The time spent in front of the TV sc...
21/10/2025
Broadcast Booms with 20% Uptick vs. August, Achieving Largest Monthly
Increase ...
21/10/2025
During September, streaming's share of TV viewing in Mexico settled at 24.5%, a marginal shift of -0.5 share points from the previous month.
Disclaimer: YU...
21/10/2025
RENNES, France BBright and GlobalM have conducted a technical trial validating Ultra HD interoperability across the entire contribution chain in the cloud, achi...
21/10/2025
Kokusai Denki Electric America will mark the U.S. debut of a new 4K camera at the 2025 NAB New York, Oct. 22-23. Now available, the Z-HD6500-S1 UHD/HD productio...
21/10/2025
Triveni Digital, a trusted leader in ATSC 1.0 and 3.0 service delivery, data broadcasting, and quality assurance solutions, will showcase its entire NEXTGEN TV ...
21/10/2025
Radio Azzurra FM, longest-running radio station in the province of Novara, northwest Italy, has invested in an DHD SX2 audio routing and mixing console for inte...
21/10/2025
Globecast, the leading provider of broadcast, media and entertainment managed services, has announced the appointment of G Morgan as Executive Vice President of...
21/10/2025
Visual Data announces the appointment of Maz Al-Jumaili as Senior Vice President, Worldwide Localization, to advance client engagement, strategic partnerships, ...
21/10/2025
As Amazon's Prime Video prepares to launch its coverage of NBA basketball under a major new deal, Grup Mediapro has announced that it is working with the st...
21/10/2025
ATLANTA Good news for consumers using an Atlanta DTH receiver to watch ATSC 3.0: with a new software update, they will be able to blanket their homes with Wi-Fi...
21/10/2025
While recent news has been heavily focused on Hispanic migration into the U.S., The 2025 Hispanic Market Report from Claritas highlights the fact that this gr...
21/10/2025
MAIDENHEAD, UK RWS has hired Michael Wayne as its head of media and entertainment in Los Angeles where he will lead the company's media localization busines...
21/10/2025
Imagine Communications and Rohde & Schwarz today announced a definitive agreement under which Imagine will acquire Pixel Power Limited, a wholly owned subsidiar...
21/10/2025
Atlanta DTH (ADTH) today announced a major update that will expand the functionality of its NEXTGEN TV receiver by enabling gateway capabilities allowing viewer...
21/10/2025
Heartland Video Systems, Inc. (HVS), a premier video systems integration, consulting, and expert ATSC 3.0 implementation firm announces that it has partnered wi...
21/10/2025
QuickLink, the leading provider of award-winning video production and remote guest integration solutions, today announced the appointment of Austin Hinton as it...
21/10/2025
nternet connectivity startup Miri Technologies Inc. will use this week's NAB Show New York as the launch pad for its latest ground-breaking innovation, the ...
21/10/2025
Coastal communities in the U.S. have a 26% chance of flooding within a 30-year period. This percentage is expected to increase due to climate-change-driven sea-...
21/10/2025
In today's evolving media landscape, audience measurement isn't one-size-fits-all. With multiple measurement providers now available, networks need the ...
21/10/2025
21 Oct 2025
VEON's Beeline Kazakhstan to Acquire Online Classifieds Busines...
21/10/2025
October 21st, 2025
Tribeca Films to Release Independent Comedy Serious People...
21/10/2025
Synthogy is excited to announce the launch of Ivory 3 LE Uprights - Modern & Vintage, the latest addition to our game-changing Ivory 3 platform. This Legacy Ed...
21/10/2025
Series from Sony Music Vision Features Exclusive Performances From Legendary Bas...
21/10/2025
Tuesday 21 October 2025
Current slide, 0 0, undefined1
0
Download assets
Buying a home ranks above becoming a parent as a key rite of passage into adulthood...
21/10/2025
Back to All News
Netflix Unveils Monster Mash in Trailer of Troll 2' - the...
21/10/2025
Back to All News
For the Fans! Netflix Goes Golden Forging Unprecedented KPop ...