Porn downloads in SA: are they legal?

Does pornography enjoy copyright protection in South Africa?

August 24, 2012
Flying Dutchamn Pirate Ship SA News piracy

Whether or not “improper” content (which may include pornography) is copyrightable in South Africa is not very clear. This is according to information and communications technology lawyer Tobias Schonwetter.

The question of whether pornography can be copyrighted in the United States was raised again recently, with eyes on a case between an accused BitTorrent downloader and Malibu Media.

A similar case between Hard Drive Productions and nearly 1,500 defendants also raised this question, with some commentators saying that the legal argument was thin.

Schonwetter said that in some countries, immoral or improper content is not copyrightable, but added that he finds this problematic as he’s not sure who should and is qualified to make the call on whether content is “proper”.

“I am therefore glad that under South African copyright law no distinction is made between ‘good’ and ‘bad’ content,” Schonwetter said.

However, there is at least one South African case in which the court appeared to believe that no copyright subsists in improper content, Schonwetter said.

Schonwetter believes that this is the wrong approach. “Rather than denying copyright protection altogether for improper content, courts could deny enforcing the copyright in the work if content is found to be improper.”

Article courtesy of MyBroadband – Pirating porn in SA: is it legal?

Beware: personal copies of games can get you sued

Online piracy: Crime and punishment in SA

Warning: Piracy over P2P a crime

‘Please pirate our porn’

Porn producers sue Internet users

Tags: active, copyright, Hard Drive Productions, Malibu Media, porn, Tobias Schonwetter

Shutterstock is the image partner of MyGaming – technology images can be found here

Poll

Are you playing Destiny, or do you plan to buy Destiny?

View Results

Loading ... Loading ...

Latest News

1Gbps fibre now available in SA neighbourhoods

Fibre to a panel

Once connected, users are able to choose between line speeds of 4Mbps, 50Mbps, 100Mbps, and 1Gbps

Xbox Games with Gold for November 2014

Microsoft Games with Gold header news

Xbox One and 360 owners, here are your free games for November

Steam Halloween Sale has begun

Steam

Over 400 games at up to 90% off – are you ready to spend?

This week’s best gaming deals

ryse son of rome

Here you go – this week’s best gaming deals

X

Newsletter Subscription

Name
Email *
Enter the following to confirm your subscription *
Captcha image


Free MyGaming Newsletter:
Subscribe
X
bool(true)