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<\/a><\/p>\nGolden China appealed the ruling \u2014 but only to challenge the classification of games as films under the amended Copyright Act.<\/p>\n
Video games in South Africa enjoy protection not only as computer programs but also as \u201ccinematographic films\u201d thanks to a 1996 ruling in the Supreme Court of Appeal.<\/p>\n
Golden China TV Game Centre and others brought the appeal against Nintendo specifically to address the issue of games being classified as films.<\/p>\n
Many gamers might remember the flood of Nintendo Family Computer (Famicom) knock-offs in South Africa during the \u201990s, with Golden China being a prominent \u201cFamiclone\u201d.<\/p>\n
While Nintendo launched the Famicom in 1983, the gaming console only gained traction among Western audiences in the mid to late \u201980s.<\/p>\n
Nintendo launched a version of the console specific for the North American market called the Nintendo Entertainment System in 1985, while Europe started getting the Famicom in 1986.<\/p>\n
The Famicom introduced players to games like Super Mario Bros., Metroid, and The Legend of Zelda, along with their now legendary characters.<\/p>\n
It was also the home to the most iconic version of Tetris, which has experienced a resurgence in recent years.<\/p>\n
South Africa did not have an official Nintendo distributor until the turn of the century. Importers brought in the Famicom, various Famiclones, and game cartridges directly to sell to the local market.<\/p>\n
Our first local Nintendo distributor was a company called Futronic, which obtained the rights to sell the company\u2019s consoles and games around the launch of the Nintendo GameCube in 2001. Futronic gave up the licence in 2007, after which local Apple distributor Core Group acquired the rights.<\/p>\n
While it was easy enough to distinguish between a real Famicom and a clone, it was often difficult to discern which cartridges were the real McCoy, and which were knock-offs.<\/p>\n
In 1995, Nintendo launched legal action against Golden China TV Game Centre and others to enforce its copyright in South Africa.<\/p>\n
Curiously, Nintendo filed its legal papers three days before an amendment to the Copyright Act came into operation that would recognise computer programs as their own category of copyrightable product.<\/p>\n
Without that provision in the law, Nintendo argued that games qualify as \u201ccinematographic films\u201d \u2014 and won.<\/p>\n
South Africa\u2019s longest-serving judge, Willie Hartzenberg, presided over the case.<\/p>\n
Golden China appealed the ruling \u2014 but only to challenge the classification of games as films under the amended Copyright Act.<\/p>\n<\/a><\/p>\n