Internet piracy over BitTorrent a crime in South Africa: lawyer

not sure his argument about the "purposive approach" really will find a landing in favour of his overall thesis:
lets apply a purposive approach to the meaning of "distribute" and see how many logical errors we can commit to come to uploading distributed content ...
 
This firm likes making sensationalist poephol articles since they 'joined' MyBB .........
 
Well, doesn't it kind of make sense? They've never been able to prosecute you for downloading, but distribution they can and seeding is a form of distribution.
 
Zewp said:
Well, doesn't it kind of make sense? They've never been able to prosecute you for downloading, but distribution they can and seeding is a form of distribution.
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explain how you reach that conclusion - that is something the author of the article failed to do - and in particular reach that conclusion applying a "purposive approach" to the legislation
 
“The iStore has lots of things available. Services like Simfy allow for music streaming legitimately. We will hopefully see services like Netflix become legitimately available to South Africans,” Hall said.
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So at the moment we have nothing yet, really?
 
Look, we'll all know how the courts will rule soon enough with the Four Corners case before the Commercial Crimes court. However, I think it's important to revisit the predictions and interpretations legal professionals made about this issue.

(Of course there are technicalities to the case which might mean that the court never gets to ruling on the matter of seeding...)

The Michalsons guys are not the only ones who have warned about this. The attacks on their character in an attempt to discredit their argument (Ad Hominem) are also senseless.
 
the trouble Jan is that the arguments being made by the "legal professionals" are not being set out with cogent legal reasoning. We are getting soundbites snapped in to a very ploffy end sort-of maybe conclusion.

I very specifically want to know the leap from upload to distribute because this is what the issue turns on. The argument that seeding only consists of a part of the content and therefore doesn't count is bad at best but a bad argument doesn't justify massive jumps in logic.
 
Use a seed box www.seedboxco.com they have very fast unshaped lines of 100mbits to 1 gigabits, and then download the files through ssl or sftp is a lot more secure, not even the ISP will know what content is being accessed. Enjoy
 
Paul Hjul said:
the trouble Jan is that the arguments being made by the "legal professionals" are not being set out with cogent legal reasoning. We are getting soundbites snapped in to a very ploffy end sort-of maybe conclusion.

I very specifically want to know the leap from upload to distribute because this is what the issue turns on. The argument that seeding only consists of a part of the content and therefore doesn't count is bad at best but a bad argument doesn't justify massive jumps in logic.
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Don't get me wrong: I've found your counter-arguments very engaging.

Do you think it's possible that SA courts would distinguish between seeding portions of a file and distribution? Would the prosecution then have to prove that the seeder had seeded enough data to constitute a violation of the 10% rule?

(Incidentally, does the 10% rule apply to all media or only certain types?)

*EDIT (Also: I'm not sure the 10% rule applies outside "fair dealing". Could it not be argued that the intent behind seeding a torrent was never "fair dealing"?)
 
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So.. we can download from bittorrent but can't seed? Can we still get in trouble if we download?
 
Scooby_Doo said:
Unotelly.com :)
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ah yea i've seen that before :)

Also you can get a Extention for Chrome called "Hola" and click on it and switch VPN to USA etc.. and open Netflix or Pandora or anything thats blocked in South Africa.
 
Paul Hjul said:
explain how you reach that conclusion - that is something the author of the article failed to do - and in particular reach that conclusion applying a "purposive approach" to the legislation
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My opinion comes from an entirely non-legal background, but if you're seeding you're actively helping to distribute the files. It sounds like it makes sense to me. You're more than welcome to point out why this isn't the case.
 
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