Comment on National Draft IP Policy
Hey all,
So it's that time of decade again when government rummages through it existing laws and looks at what could be improved or changed. This decade they are reviewing the Intellectual Property laws and will be seeking comment on the existing framework. The first step in this process is the establishment of a policy document. This document will govern how the legislature will approach or change the variety of IP laws in the country. Make Games SA will formally be submitting comment on the draft policy (which is attached to this post).
If you are interested give it a read and send me your feedback. Comments need to be in by the 17th October 2013, so I'd like any feedback by the 14th.
So it's that time of decade again when government rummages through it existing laws and looks at what could be improved or changed. This decade they are reviewing the Intellectual Property laws and will be seeking comment on the existing framework. The first step in this process is the establishment of a policy document. This document will govern how the legislature will approach or change the variety of IP laws in the country. Make Games SA will formally be submitting comment on the draft policy (which is attached to this post).
If you are interested give it a read and send me your feedback. Comments need to be in by the 17th October 2013, so I'd like any feedback by the 14th.
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pdf
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36816_gen918.pdf
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Comments
General ramble.
The addressing of the trademark abuse that's gone on sounds promising if it amounts to anything time will tell.
Think that giving the competitions board the right to overrule patients that are been used abusively is promising.
The repeated skepticism about 1st world's objectives gets a thumbs up from me.
I got lost trying to make sense of the whole aggregation policy part :s
Things we might want to address Shows like rage and the hosting of the Makegames there are not offered any protection as they are not necessarily seen as sporting events. Assuming playing computer games can get the privilege assigned as a sporting event that would still not give game jams that protection. Any chance we can suggest extending the definition of sporting event. Does it apply or even matter?
Chapter1(a)(vi)- I believe a more stringent approach should be taken to guard against world patents, this would help safe-guard our economy of the ramifications should such a patent come to fruition.
Chapter1(a)(xiv)- Recommendations are well founded.
Chapter1(b)- Targeting franchising for B-BBEE with only serve to further alienate any companies that are not compliant, this could hinder their growth and subsequently the economic growth of South Africa. Instead there should be a goal to achieve maximum economic growth which would lead to job creation and have a positive impact on poverty stricken South Africans. (This may be subjective, but the reasoning is logical)
Chapter1(c)- I believe the government is getting too involved in Private law and could lead to South African artists (going on the example given) not being offered any contracts as it would no longer be in the best interests of multi-national corporations (this is the way the world works sadly)
Chapter1(f)- I don't understand the need for this, so could someone enlighten me :D (although I am against anything that tries to control my browsing or monitor my internet activities in any way....... It really bugs me :P)
Chapter3- The last recommendation seeks to weaken the private sector in this industry, this should be discouraged as private sector employs the most South Africans. In fact there should be a move to rather promote a synergy between private and public sectors. this could not only encourage innovation, but could lead to growth in the sector and thus more employment.
Chapter5(iii)- Well founded recommendations and will benefit South Africa.
Chapter6-Is surprisingly brilliant and I honestly must say I do support it (as worded in the recommendations), however the DoE seems to be contradicting this by its move to Delphi.
Chapter11- Should honestly be scraped, it is a sugar-coated attempt at trying to bring viewers to SABC and undermine the corporate efforts of companies such as multi-choice. It seeks to nationalise sporting events and gives the Minister far too much control which could result in corruption and ultimately the end user would be affected (has the potential to alienate popular South African Sports and Teams, might lead to disinvestment).
Well that is all I could find, please excuse any grammar or spelling errors, also keep in mind I am only 1st year law and some of my comments might be naive or uniformed.
Otherwise ENjoy :D
Too late to point out spelling/grammar errors I assume?
specific issues around game development. "
Is this not supposed to be "...does not give the law..."?
1.5 - From a structural perspective,
1.5 - policy would have far more concrete objective and goals
2.1 - The first real mention of copyright is(?) in Chapter 1(c) and 1(f).
2.2 - This is undesirable and does not(?) give the law the ability to deal (as noted above)
4 - allow software to be patentable -to be rejected.
5.3 - (for example things like “format shitfting” needs to be addressed).
5.3 - assist copyright holders to enforce their rights in a digital environment.
That's it. Just small stuff, didn't want to be pedantic before :)
http://en.wikipedia.org/wiki/Sega_v._Accolade
Thought it was quite interesting.