INTELLECTUAL PROPERTY
LLB 5203|21
MOSES MATSEKHE
3RD YEAR 1ST SEM
THE LETTER BY SMARTMATIC INTERNATIONAL GOLDING BV TO THE INDEPEMNDENT ELECTRAL AND
BOUNDARIES COMMISSION
In this letter there was a request for the provision of images of NTC servers that host the form
34C by IEBC and thus the company was putting forward a claim saying that by doing so would
infringe their intellectual property rights since such images contained software owned and
copyrighted Smartmattic and thus it was IP protected
When we look at copyright in details
Copyrights are a type of intellectual property protection that provides its owner with the
exclusive right to reproduce their works for a defined period of time. Copyrights are automatic
and begin the moment that the work is created and exists in tangible form. They are most often
applied to:
Literary works like poetry, novels, speeches, and songs.
Computer code
Plays, movies, and TV shows
Pictures, sculptures, and architecture on buildings’
copyright protects the expression of the idea rather than the idea itself.
Under section 26 of the copyright act A computer program shall be subject of fair dealing for the
purposes of Part A of the Second Schedule
All computer programs therefore, will meet the requirements of originality, even if the program
comprises little more than an arrangement of those subroutines requires a reasonable amount of
skill and exptise
When a copy of a computer program has been issued to the public and by the consent of the
copyrighter they cannot use the right to control subsequent dealings with that copy apart from
rental
ON THE ISSUE OF ACCESS OF INFORMATION BY THE 3RD PARTIES WE LOOK AT
WHAT CONSTITUTES TO A FAIR DEALING
Fair dealing for the purpose of criticism or evaluation is defined as what?
Unauthorized use of third-party content must fit under "fair dealing for the purposes of criticism
or review." The following defines this:
Under Fair Dealing, using a [copyright] work for the purpose of criticism or review, of that work
or another work, or of a performance of a work, does not violate any copyright in the work as
long as it is acknowledgement and the work has been made publicly available.
The usage of third-party content must first be "Fair." That entails that the infringement is not
routine, does not interfere with the copyright holder's rights, and does not prevent them from
making money from the work. There is no predetermined amount of material that is permitted or
prohibited, although use must be excessive or systematic.
In conclusion I would say that giving access to third parties would infringe their rights since it
would be insecure for the system contains its security codes and features which include
transmission certificates and encryption keys