Software pirates were dealt a blow when The Commissioner for South African Revenue Services, Microsoft Corporation, Electronic Arts, Ster-Kinekor Home Entertainment, Nu-Metro Home Entertainment and EA Software South Africa, the trade association, South African Federation Against Copyright Theft (SAFACT) joined forces and won a High Court battle after five months of exchange of pleadings and postponements until 7 August when a final interdict and disclosure order with costs was granted against Zaere Saley, a trader dealing in pirate software games and DVD`s.
This High Court Order interdicts/prevents him from infringing the trademarks Microsoft, Electronic Arts, Columbia Pictures, and/or aid or abet the infringement of these trademarks in the future.
Saley, also the owner of an Internet computer shop, www.cybergames.co.za, was stopped by customs officials at Johannesburg International Airport on 23 January when he attempted to import 937 DVDs and 2 294 PC games, including games from Microsoft and Electronic Arts. The goods, which were found to be counterfeit, carried a retail value of over R1 million.
Fred Potgieter, MD of SAFACT, an organisation which enforces the intellectual property rights of various members, including the Motion Pictures Association`s members, as well as their local distributors - namely Nu Metro and Ster Kinekor - said Saley had, a day before the final court hearing, applied for voluntary sequestration. "Both himself and his legal team failed to appear in court on 7 August," said Potgieter, "however, the matter was heard and a final order was granted against him."
The court order granted in the Pretoria High Court on 7 August states that Saley is "interdicted and restrained" from dealing in counterfeit goods bearing the trademark of Microsoft and Electronic Arts - as well as any products bearing the trademarks Universal, Columbia Label, and/or Tri Star Pictures.
He was also ordered to divulge to the various injured parties the name and physical address of the consignor and/or details of the suppliers of the "offending goods" within 10 days of service of the order.
The judge also ordered Saley to pay the costs of the court application, including the costs incurred for warehousing - and the destruction costs of the offending goods.
Mark Reynolds, group licensing compliance manager at Microsoft SA`s Licensing Compliance Division, said the counterfeiting of DVDs, including Microsoft games, is "becoming a serious problem in this country". He said his company, with the assistance of the commercial crime unit of the South African Police Service, had been investigating Saley "for some time". Investigations revealed that the importer is the owner of a Web site www.cybergames.co.za, which has been under prolonged investigation for selling counterfeit products inter alia games over the Internet.
Microsoft and the other rights holders are grateful for this final interdict and believe that it will most definitely assist them in curtailing the importation of pirate software and films in future. Obviously, if the order is not adhered to, the rights holders will continue against Saley by instituting contempt of court proceedings. This is just the beginning of combined efforts of brand-holders to combat the importation and resale of counterfeit products.
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