Following raids on “Game Zone”, an interactive game shop in the Ushaka Marine World in Durban, a Muhammed Baber was sentenced on Thursday 25 June to a R20 000 fine or one year imprisonment.
The raid on Mr Baber’s shop in March 2009 was carried out by inspectors of the Department of Trade and Industry, assisted by personnel from the Southern African Federation Against Copyright Theft (SAFACT), following a complaint being laid under the Counterfeit Goods Act by SAFACT on behalf of its members in the PlayStation and PC Games sector.
The complaint laid by SAFACT followed a number of test purchases over several months from the shop which is in the popular tourist attractions shopping complex. On requesting a specific game the shop staff or owner would ‘burn” a copy onto a DVD-r out of view of the unsuspecting customer.
During the raid over 200 DVD-r’s were seized as well as equipment used in the illegal copying of the games. Almost all of the seized discs (190) contained copied PC games with the remaining 10 being copied PlayStation Games. For technical and legal reasons charges could only be laid for specific games for which SAFACT had a mandate from the owners of the intellectual property in the games.
Following a detailed analysis of the seized products, charges were laid against Muhammed Baber and he subsequently pleaded guilty to offences under the Counterfeit Goods Act and Copyright Act in the Point Road Magistrates Court in Durban where he was sentenced.
James Lennox, SAFACT spokesman, is delighted that such a conviction and sentence was achieved and thanked the Department of Trade and Industry, the SAPS, Prosecutor and the Court involved. In sentencing Baber the magistrate emphasised that the crimes for which he had been convicted were statutory offences and film and game piracy was of serious concern to the Courts given its impact on the economy, owners of the works as well as society in general.
Lennox would also like to alert the public that buying pirated PlayStation and PC Games was supporting criminals as well as resulting in a less than enjoyable experience when playing the games. SAFACT’s analysis of the illegal copies seized at Game Zone found that almost 60% of the games did not play properly, or at all, when loaded. There is also a risk with PC games of computers being infected with viruses contained on the pirate game discs.
SAFACT also warns those involved in the illegal copying, distributing and selling of copied PlayStation and PC games, distributed or owned by it’s member companies, would have criminal complaints laid against them by SAFACT with the SAPS and Department of Trade and Industry and face possible prosecution.
Article courtesy of DoGaming
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