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Copying from online databases without consent

Tuesday, October 21st, 2008

If a website provider includes databases on its site, can it stop other people from using or reproducing data from those databases? Yes. A database is protected as a literary work under the Copyright Act 98 of 1978 whilst computer programs ...

CCTV and the cloakroom

Thursday, October 9th, 2008

Do you use CCTV cameras?  Are people aware that you are recording their every move?  You might be infringing their right to privacy! Whether or not a person is able to claim that an audio or visual recording is "private", will depend on whether: the person subjectively (from their point of ...

What can’t be advertised on the Internet?

Thursday, October 9th, 2008

Are there any products or services that may not be advertised or types of content which are not permitted on the Internet? In terms of ASA, the following has been identified as unacceptable advertising: Advertisements that play on fear ( without ...

Can a website provider use third-party content on its website without permission from the third-party content provider?

Saturday, September 27th, 2008

No. This would amount to a contravention of the Copyright Act 98 of 1978 if the content as the copyrighted work was first published in South Africa or made by a "qualified person" (a South African or company registered and incorporated under the laws of South Africa).  The responsible Minister ...

Ripping CDs can be unlawful

Tuesday, September 16th, 2008

Many of us convert audio CDs we have bought from their native CD-DA format to MP3 or some other compressed audio format . The act of converting CDs is commonly known as "ripping" - when the term was coined, it had a perverse meaning. Many loved the idea ...

How does the law recognise or define digital or e-signatures?

Thursday, August 14th, 2008

The ECT Act defines an electronic signature as data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a signature. The ECT Act recognises the contractual freedom of parties to specify whether electronic signatures are required, and if so, ...

Advanced Electronic Signatures?

Monday, August 11th, 2008

Many people are wondering when it will be possible to get and use an advanced electronic signature. An advanced electronic signature is basically an electronic signature that has been accredited. Why would you want one? You could use your advanced electronic signature to sign an electronic document ...

Legal concept of a “record”

Thursday, October 25th, 2007

There is currently no definition of "record" that is universally used by all organisations.  The simple reason for this is that definitions serve the community that they are created by and each community has different needs. Whilst not in itself a law, the South African National Standard on Records Management (SANS ...

What is source code escrow?

Tuesday, October 9th, 2007

If your business is dependent on custom developed software, then you should consider placing your software in safekeeping - escrow - as prudent risk management practice in order to reduce your companies risk exposure and safeguard the continuity of your day-to-day business operations that are dependant on that software. The source ...

Compliance - a risk management or best practice approach?

Monday, June 4th, 2007

Few topics in IT have garnered more attention during the last few years than compliance. Through a combination of new laws (particularly the ECT Act), well publicised fines overseas and the threat of criminal penalties - as well as the fear, uncertainty and doubt created by vendors - compliance ...