No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

MAAS / Department of Music

MAAS / Department of of Music

The aim of this study was to investigate the various reasons consumers continue to infringe on copyrighted content, specifically in the South African context, even if the law forbids it. This investigation is two-fold since it also recognises that there are many individuals who do not infringe on copyrighted content even though they have access to peer-to-peer file sharing technology. This information could prove valuable since it can then be used to find comprehensive market-led solutions to the problem that targets the end-user. This study adopted a mixed method approach in order to cross validate findings and to reveal aspects of empirical reality. The target population for this study consisted of 100 adult South Africans who have access to the internet. Data was collected through an online, self-administered questionnaire. Quantitative data was analysed through descriptive statistics, while qualitative data was analysed through thematic analysis. The results show that there are variety of factors that influence respondents’ attitudes towards copyright infringement of films and/or television series through peer-to-peer file sharing technology, each of which is discussed in detail. The study concluded by identifying 24 factors that favourably influence people’s attitudes towards copyright infringement, including high prices of legitimate goods, historical inequality in South Africa, and perceived low risk of being caught and punished. Based on the conclusion above, the study recommends that policy makers such as government officials, boards of directors, managers, committees, and executives use the results of the study when making decisions and determining policies, especially in the South African context. / Communication Science / M.A. (Communication Science)

A study is done on the protection of sound recordings in the decentralized peer-to-peer (DP2P) file sharing in the United States, the United Kingdom and South Africa. This study reveals that because sound recordings have unique features different from other copyright works, the illegal sharing of sound recordings can ordinarily be filtered, identified, and detected by the Internet service providers (ISPs) before granting access to users and without infringing the users‟ right to privacy. However, the ISPs have failed in this regard, hence, they are strictly held liable under the contributory, vicarious and inducing infringements notwithstanding the statutory law which prohibits ISPs from monitoring, and intercepting their networks. In fact and law, the terms filtering, identifying and detecting on the one hand and monitoring and intercepting on the other hand are different in relation to sound recordings and as such ISPs are not prohibited from filtering, identifying and detecting illegal sound recordings on their networks, thus, ISPs are not protected under the limitation law as it is generally believed. However, several recommendations are made for reform, inter alia: a review of the limitation law to include the terms filtering, identifying and detecting in pursuance of the terms monitoring, and intercepting, if the intention of the legislators was meant to include the latter terms; protection of access right in digital sound recordings, protection of the neighbouring rights of ISPs in the digital world, imposing levies on all recording equipment, the insurability of sound recordings and ISPs‟ signals, and bandwidth. / Mercentile Law / LL. M. (Mercantile Law)

A study is done on the protection of sound recordings in the decentralized peer-to-peer (DP2P) file sharing in the United States, the United Kingdom and South Africa. This study reveals that because sound recordings have unique features different from other copyright works, the illegal sharing of sound recordings can ordinarily be filtered, identified, and detected by the Internet service providers (ISPs) before granting access to users and without infringing the users‟ right to privacy. However, the ISPs have failed in this regard, hence, they are strictly held liable under the contributory, vicarious and inducing infringements notwithstanding the statutory law which prohibits ISPs from monitoring, and intercepting their networks. In fact and law, the terms filtering, identifying and detecting on the one hand and monitoring and intercepting on the other hand are different in relation to sound recordings and as such ISPs are not prohibited from filtering, identifying and detecting illegal sound recordings on their networks, thus, ISPs are not protected under the limitation law as it is generally believed. However, several recommendations are made for reform, inter alia: a review of the limitation law to include the terms filtering, identifying and detecting in pursuance of the terms monitoring, and intercepting, if the intention of the legislators was meant to include the latter terms; protection of access right in digital sound recordings, protection of the neighbouring rights of ISPs in the digital world, imposing levies on all recording equipment, the insurability of sound recordings and ISPs‟ signals, and bandwidth. / Mercentile Law / LL. M. (Mercantile Law)