Copyright Enforcement: The Graduated Response Takes Centre Stage
| dc.contributor.author | Ncube, Caroline | |
| dc.date.accessioned | 2016-04-13T06:20:50Z | |
| dc.date.available | 2016-04-13T06:20:50Z | |
| dc.date.issued | 2012 | |
| dc.description.abstract | A significant portion of copyright infringement in the digital environment is carried out through file sharing.1 Litigation by copyright-holders against individuals and the providers of online file sharing or peer-to-peer (P2P) platforms has failed to stem the tide of large-scale infringement.2 The pursuit of individuals has been nothing short of a ‘public relations disaster’ because of the disproportionate remedies sought.3 For example, in the United States, Jamie Thomas-Rasset’s case, based on her sharing of 24 songs, resulted in a fine of US$1.92 million in 2009, which was reduced to US$54 000 in January 2010 and then fixed at US$1.5 million by a third jury trial in November 2010.4 Thereafter it was reduced to US $54 000 in July 2011.5 An appeal was filed against that reduction in August 2011, oral arguments were heard on 12 June 20126 and judgment is still pending as at 10 July 2012. | |
| dc.identifier.apacitation | Ncube, C. (2012). Copyright Enforcement: The Graduated Response Takes Centre Stage. <i>South African Mercantile Law Journal</i>, http://hdl.handle.net/11427/18839 | en_ZA |
| dc.identifier.chicagocitation | Ncube, Caroline "Copyright Enforcement: The Graduated Response Takes Centre Stage." <i>South African Mercantile Law Journal</i> (2012) http://hdl.handle.net/11427/18839 | en_ZA |
| dc.identifier.citation | Ncube CB ‘Copyright Enforcement: The Graduated Response Takes Centre Stage’ (2012) 24(2) South African Mercantile Law Journal 133 – 147 | en_ZA |
| dc.identifier.issn | 1996-2185 | en_ZA |
| dc.identifier.ris | TY - Journal Article AU - Ncube, Caroline AB - A significant portion of copyright infringement in the digital environment is carried out through file sharing.1 Litigation by copyright-holders against individuals and the providers of online file sharing or peer-to-peer (P2P) platforms has failed to stem the tide of large-scale infringement.2 The pursuit of individuals has been nothing short of a ‘public relations disaster’ because of the disproportionate remedies sought.3 For example, in the United States, Jamie Thomas-Rasset’s case, based on her sharing of 24 songs, resulted in a fine of US$1.92 million in 2009, which was reduced to US$54 000 in January 2010 and then fixed at US$1.5 million by a third jury trial in November 2010.4 Thereafter it was reduced to US $54 000 in July 2011.5 An appeal was filed against that reduction in August 2011, oral arguments were heard on 12 June 20126 and judgment is still pending as at 10 July 2012. DA - 2012 DB - OpenUCT DP - University of Cape Town J1 - South African Mercantile Law Journal LK - https://open.uct.ac.za PB - University of Cape Town PY - 2012 SM - 1996-2185 T1 - Copyright Enforcement: The Graduated Response Takes Centre Stage TI - Copyright Enforcement: The Graduated Response Takes Centre Stage UR - http://hdl.handle.net/11427/18839 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/18839 | |
| dc.identifier.vancouvercitation | Ncube C. Copyright Enforcement: The Graduated Response Takes Centre Stage. South African Mercantile Law Journal. 2012; http://hdl.handle.net/11427/18839. | en_ZA |
| dc.language | eng | en_ZA |
| dc.publisher | Juta | en_ZA |
| dc.publisher.department | Department of Commercial Law | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| dc.source | South African Mercantile Law Journal | en_ZA |
| dc.source.uri | https://jutalaw.co.za/products/8745-south-african-mercantile-law-journal-online | |
| dc.title | Copyright Enforcement: The Graduated Response Takes Centre Stage | en_ZA |
| dc.type | Journal Article | en_ZA |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |