Piracy is not theft in South Africa
Unlawfully downloading copyrighted videos and other content in South Africa would not legally be considered theft, three technology law experts have told MyBroadband.
This is despite a clause in the new Cybercrimes Act which states that theft of non-physical property should be treated the same is regular, common law theft.
“The common law offence of theft must be interpreted so as not to exclude the theft of incorporeal property,” Section 12 of the Cybercrimes Act reads.
While some legal professionals are of the view that this section of the Cybercrimes Act effectively criminalises unlawful downloading, or casual piracy, many others do not.
Unlawfully downloading copyrighted videos and other content in South Africa would not legally be considered theft, three technology law experts have told MyBroadband.
This is despite a clause in the new Cybercrimes Act which states that theft of non-physical property should be treated the same is regular, common law theft.
“The common law offence of theft must be interpreted so as not to exclude the theft of incorporeal property,” Section 12 of the Cybercrimes Act reads.
While some legal professionals are of the view that this section of the Cybercrimes Act effectively criminalises unlawful downloading, or casual piracy, many others do not.