Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      West Africa delivers big for MTN Group - Ralph Mupita

      West Africa delivers big for MTN Group

      16 March 2026
      MTN initiates share buyback programme

      MTN initiates share buyback programme

      16 March 2026
      Your Airbnb is empty half the year - this SA start-up has a fix

      Your Airbnb is empty half the year – this SA start-up has a fix

      16 March 2026
      Optasia beats IPO guidance in maiden results as lending scales - Salvador Anglada

      Optasia beats IPO guidance in maiden results as lending scales

      16 March 2026
      MTN's mobile money machine

      MTN’s mobile money machine

      16 March 2026
    • World
      Peter Thiel's secretive Rome conference draws Church attention

      Peter Thiel’s secretive Rome conference draws Church attention

      16 March 2026
      Musk launches Macrohard in cheeky nod to Microsoft - Elon Musk

      Musk launches Macrohard in cheeky nod to Microsoft

      12 March 2026
      Europe is building an alternative to Microsoft Office

      Europe is building an alternative to Microsoft Office

      11 March 2026
      Microsoft bets on Anthropic as it loosens ties with OpenAI

      Microsoft bets on Anthropic as it loosens ties with OpenAI

      10 March 2026
      World hit by worst oil shock since the 1970s

      World hit by worst oil shock since the 1970s

      9 March 2026
    • In-depth
      The last generation of coders

      The last generation of coders

      18 February 2026
      Sentech is in dire straits

      Sentech is in dire straits

      10 February 2026
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
    • TCS
      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience - Theo van Zyl

      TCS+ | Vox Kiwi: a wireless solution promising a fibre-like experience

      13 March 2026
      TCS+ | Flipping the narrative on AI in the Global South - Josefin Rosén

      TCS+ | Flipping the narrative on AI in the Global South

      13 March 2026
      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      TCS | Sink or swim? Antony Makins on how AI is rewriting the rules of work

      5 March 2026
      TCS+ | Bolt ups the ante on platform safety - Simo Kalajdzic

      TCS+ | Bolt ups the ante on platform safety

      4 March 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
    • Opinion
      South Africa's energy future hinges on getting wheeling right - Aishah Gire

      South Africa’s energy future hinges on getting wheeling right

      10 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Apple just dropped a bomb on the Windows world

      5 March 2026
      VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

      VC’s centre of gravity is shifting – and South Africa is in the frame

      3 March 2026
      Hold the doom: the case for a South African comeback - Duncan McLeod

      Hold the doom: the case for a South African comeback

      26 February 2026
      The AI fraud crisis your bank is not ready for - Andries Maritz

      The AI fraud crisis your bank is not ready for

      18 February 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Opinion » Herman Blignaut » Democracy the winner in Sopa, Pipa battle

    Democracy the winner in Sopa, Pipa battle

    By Editor30 January 2012
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    By Herman Blignaut

    Two related US bills have recently been the topic of much controversy. Public outcries and widespread online protests were followed by an unprecedented Internet blackout on 18 January. The blackout was supported by the likes of Google, Facebook, Reddit and Wikipedia, to name but a few, and was not only supported by the Internet high-and-mighties, but also thousands of lesser known sites rallying their users’ support against the bills.

    Such was the nature of the blackout that Wikipedia, for example, took its English-language site entirely offline for a day, rendering its wisdom useless to millions of Internet users.

    At the heart of all the controversy are two bills on which the US Senate intended to cast its vote on 24 January. However, the public outcry criticising the bills (with the Internet blackout as the cherry on the proverbial cake) persuaded the Senate to postpone the vote on the bills. The Senate majority leader made the following brief statement:

    There is no reason that the legitimate issues raised by many about this bill cannot be resolved… I encourage him [the senator acting as sponsor to the bill] to continue engaging with all stakeholders to forge a balance between protecting Americans’ intellectual property and maintaining openness and innovation on the Internet.

    The two bills at issue are the Stop Online Piracy Act (Sopa) and the Protect IP Act (Pipa). They are closely related in that both intend combating trade mark and copyright infringement on the Internet, imposing not only sanctions against so-called infringing sites but also obligations on Internet service providers, search engines, payment network providers and Internet advertising services.

    Writing from the perspective of an IP practitioner in SA, and recognising the necessity of local law reform, particularly on the protection of copyright, the two bills are interesting and telling of a nation adamant to protect IP despite the constant challenges faced by technological advances.

    Pipa is more limited in its ambit than Sopa. It also appears that it is the less controversial bill of the two bills.

    In terms of Pipa, the US government or a “qualifying plaintiff” (applicable holder of intellectual property rights) can obtain injunctive relief against the domain name used by an Internet site dedicated to infringing activities, or against a registrant of such domain name, or the owner or operator of such Internet site dedicated to infringing activities, to cease and desist from undertaking any further activity as an Internet site dedicated to infringing activities.

    Pipa also provides that Internet advertising agencies may not contract to render their services to infringing sites and, where such services have already been rendered, to take technically feasible and reasonable measures to prevent such further services and to cease making available advertisements for that site.

    Sopa attempts to tackle a variety of issues, which include:

    — Granting injunctive relief against the registrant of a domain name used by an infringing site

    — The online streaming of copyrighted works which infringe copyright

    — Internet sites trafficking in inherently dangerous goods or services (including counterfeit goods)

    Under Sopa, a variety of obligations affecting third parties may arise once an injunction has been ordered against the registrant of a domain name used by an infringing site. Such obligations include the requirement that:

    — A service provider must take technically feasible and reasonable measures to prevent access by its subscribers to the infringing site

    — An Internet search engine must take technically feasible and reasonable measures to prevent the infringing site from being served as a direct hypertext link

    — A payment network provider must take technically feasible and reasonable measures to suspend its service from completing payment transactions to the infringing site

    — An Internet advertising service that contracts to provide advertising to or for the infringing site must take technically feasible and reasonable measures to prevent its service from providing and making available advertisements to the infringing site

    On the streaming of copyrighted works (which include computer programs, musical works, motion pictures or other audiovisual work and sound recordings), Sopa includes the following sanction:

    Any person who wilfully infringes a copyright shall be punished as provided under Section 2319 of title 18, if the infringement was committed by the distribution or public performance of a work being prepared for commercial dissemination, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial dissemination.

    A prohibition such as this causes major concern to websites like YouTube, which no doubt on a daily basis facilitates the streaming of films, sound recordings and other works in which copyright may subsist.

    The main objections to Sopa and Pipa included claims that the definitions in the proposed acts are too broad and that it could be used against legitimate sites and businesses. A further claim is that the bills are potential “job killers”, which is questionable particularly as Sopa has as its objective the promotion of prosperity, creativity, entrepreneurship and innovation by combating the theft of US property.

    Whatever the case may be, it is possible that many of the sites who participated in the Internet blackout (and probably more so even many who did not) are concerned with the possible implications which Pipa and Sopa may have to their businesses. Perhaps they should be reminded that the law looks at each case on its own merits and that if they are legitimate sites, they have nothing to fear.

    Be that as it may, between IP rights and maintaining openness and innovation on the Internet, it appears that democracy walked away as the winner.

    • Herman Blignaut is partner at Spoor & Fisher
    • Subscribe to our free daily newsletter
    • Follow us on Twitter or on Google+ or on Facebook
    • Visit our sister website, SportsCentral (still in beta)
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleGigaba wants super ministry for growth
    Next Article RFID tags: invasive or inventive?

    Related Posts

    When CTEM, AI and a unified attack surface meet - RedRok, Solid8 Technologies

    When CTEM, AI and a unified attack surface meet

    17 March 2026
    Why finance's new KPI is decision speed

    Why finance’s new KPI is decision speed

    17 March 2026
    West Africa delivers big for MTN Group - Ralph Mupita

    West Africa delivers big for MTN Group

    16 March 2026
    Company News
    When CTEM, AI and a unified attack surface meet - RedRok, Solid8 Technologies

    When CTEM, AI and a unified attack surface meet

    17 March 2026
    Why finance's new KPI is decision speed

    Why finance’s new KPI is decision speed

    17 March 2026
    Why managing your Cisco Enterprise Agreement matters more than signing it

    Why managing your Cisco Enterprise Agreement matters more than signing it

    16 March 2026
    Opinion
    South Africa's energy future hinges on getting wheeling right - Aishah Gire

    South Africa’s energy future hinges on getting wheeling right

    10 March 2026
    Hold the doom: the case for a South African comeback - Duncan McLeod

    Apple just dropped a bomb on the Windows world

    5 March 2026
    VC's centre of gravity is shifting - and South Africa is in the frame - Alison Collier

    VC’s centre of gravity is shifting – and South Africa is in the frame

    3 March 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    When CTEM, AI and a unified attack surface meet - RedRok, Solid8 Technologies

    When CTEM, AI and a unified attack surface meet

    17 March 2026
    Why finance's new KPI is decision speed

    Why finance’s new KPI is decision speed

    17 March 2026
    West Africa delivers big for MTN Group - Ralph Mupita

    West Africa delivers big for MTN Group

    16 March 2026
    MTN initiates share buyback programme

    MTN initiates share buyback programme

    16 March 2026
    © 2009 - 2026 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}