SA pirate arrested for uploading: first case

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A South African accused of uploading a film to The Pirate Bay has been arrested in Cape Town, CEO of the Southern African Federation Against Copyright Theft (Safact), Corné Guldenpfennig has told MyBroadband.

Guldenpfennig said that she could not yet reveal the name of the film that was uploaded, but said it was a high-profile South African film.

Asked how they were able to establish that this person uploaded the film, Guldenpfennig said that they have an in-house investigations team that monitors the Internet for high-profile titles.

The senior investigator on this E-Task Team is an internationally accredited CEH, or certified ethical hacker, Guldenpfennig said.

This team was able to identify, profile, and trace the uploader based on their investigation on the Internet, Guldenpfennig said.

“Downloaders think they can hide on the Internet. Uploaders think they can hide, but they can’t no matter how smart they think they are,” Guldenpfennig said.

Possible landmark case

Asked whether this is the first case of its sort on South Africa, Guldenpfennig said, “Definitely.”

“You have to be extremely careful before making a first example,” Guldenpfennig said. “We made extremely certain of all the rights issues around this situation.”

Guldenpfennig said that they will bring charges against the person arrested in terms of the Counterfeit Goods Act and article 27 of the Copyright Act. Safact is investigating other charges, Guldenpfennig said.

The accused is set to appear in the Commercial Crimes Court in Cape Town on Friday, 13 December 2013, Guldenpfennig said.

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  • http://www.facebook.com/pages/Wesley-Fick/184346154999538 Wesley Fick

    This is going to be interesting.

  • thepip

    I read somewhere that you can only get in trouble if you are actually selling the file. Is that true? I’m not a pirate., really just curious how this will go.

  • http://mygaming.co.za/news James Etherington-Smith

    If it’s a Leon Schuster movie they should be paying him for watching it.

  • Robert Hart

    Going to be interesting to find out if they can prove it was him by just his IP.

  • http://www.facebook.com/pages/Wesley-Fick/184346154999538 Wesley Fick

    If you sell a movie you downloaded, its piracy and copytheft. If you use uTorrent to download a movie, you’re technically guilty of piracy because you upload it at the same time. If you set up a rig to simply act as a seeding box, you’re guilty of copytheft and illegal distribution.To date, most court cases involving piracy have been for users that uploaded files to others, facilitating more copyright theft, while cases where downloaders have been charged are uncommon.

  • http://www.facebook.com/pages/Wesley-Fick/184346154999538 Wesley Fick

    especially if his Wi-Fi isn’t secure

  • DemonGamer

    Definitely Leon Schuster

  • Jimmy Jackson

    rofl

  • VirtualForce

    Its prolly Halo, agggg I mean Elysium….

  • Lanius

    Hahahahahha

  • Lanius

    This is why I don’t use torrents….

  • http://www.facebook.com/pages/Wesley-Fick/184346154999538 Wesley Fick

    Its a Schuster film for sure. Elysium isn’t even made in SA.

  • Jamie Thompson

    I have never pirated a game and have downloaded music of the damaged CDs I have already bought,

    As for movies…I download/pirate each one that I want to watch since I have pi$$ed away soooo much money with Nu Metro and SK on a sub standard product,

    The Dark Knight Rises was the final straw(At Sandton City) where the picture contrast was set all the way down so you could hardly see a thing in a night or slightly darkish scene and the bass was so loud you could not hear a thing that was being said. This was not the first time I can name 5 movies within that year where I experienced the same thing

  • Kyle Opperman

    I’m sure it’s that Madiba film – it’s actually making money.

  • The Rich

    That was my thought, too. I was under the impression that SA internet users are notoriously difficult to track down because we operate with dynamic IP addresses that are also in no way linked to our physical geographical addresses. So I was under the impression that simply resetting your router occasionally makes it impossible for anyone to track you down. I’d love to know therefore how they actually found him – hopefully that information will come out in court.

  • Robert Hart

    They can easily find out which telephone line used a certain IP, even if dynamic. But how would they prove that you were the one who literally uploaded the file, in a house of many people who all share the same internet and IP. They know it could be one of them, but cant exactly arrest all of them.

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