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All Outputs (40)

The law relating to protection of data and personal information (2022)
Book Chapter
Jooste, C. (2022). The law relating to protection of data and personal information. In J. Scott, & S. Cornelius (Eds.), The Law of Commerce in South Africa. (3). South Africa: Oxford University Press (OUP)

The legal meaning of data is wide, and refers to electronic representations of information in any form. The internet operates exclusively by way of providing access to and reproducing data. As a result, the possible range of information contained in... Read More about The law relating to protection of data and personal information.

The law relating to domain names (2022)
Book Chapter
Jooste, C. (2022). The law relating to domain names. In J. Scott, & S. Cornelius (Eds.), The Law of Commerce in South Africa. (3). Oxford University Press (OUP)

In this chapter, selected legal issues regarding the names of websites and associated keywords are discussed from the perspective of a trade mark owner, such as a company or other enterprise conducting business under the same or similar name as that... Read More about The law relating to domain names.

Copyright law and the internet (2022)
Book Chapter
Jooste, C. (2022). Copyright law and the internet. In S. Papadopoulos, & S. Snail ka Mtuze (Eds.), Cyberlaw@SA: The Law of the Internet in SA. (4). South Africa: Van Schaik

Along with the proliferation of internet-aided means of communication, the digitalisation of creative expressions and the demand for access to online content have emphasised the importance of copyright protection as a socio-economic driver. These fac... Read More about Copyright law and the internet.

Driving openness – the myths about data and software access in the data and cloud policy (2022)
Journal Article
Jooste, C. (2022). Driving openness – the myths about data and software access in the data and cloud policy. South African Journal of Science, 118(112), https://doi.org/10.17159/sajs.2022/12124

Significance: This article responds to the highly controversial recently published Draft National Policy on Data and Cloud and the related stakeholder commentary from a cyberlaw perspective. Selected issues regarding the ownership of scientific data,... Read More about Driving openness – the myths about data and software access in the data and cloud policy.

A right to read object code – software copyright law and the development of a decompilation exception in South Africa (2021)
Journal Article
Jooste, C. (2021). A right to read object code – software copyright law and the development of a decompilation exception in South Africa. South African Intellectual Property Law Journal, 9(1), 35-66. https://doi.org/10.47348/saipl/v9/a3

The opportunity to read and extract knowledge from a lawfully obtained copy of any published work is a cornerstone of copyright law, except in the case of computer programs. This article examines the development of an exception to copyright protectio... Read More about A right to read object code – software copyright law and the development of a decompilation exception in South Africa.

Decompilation and copyright in ideas - The protection of non-literal elements of computer software and the idea/expression dichotomy (2020)
Thesis
Jooste, C. (2020). Decompilation and copyright in ideas - The protection of non-literal elements of computer software and the idea/expression dichotomy. (Thesis). Stellenbosch University. Retrieved from https://uwe-repository.worktribe.com/output/10594277

The maxim, that copyright law does not protect ideas, is frequently challenged when the established principles are tested against new forms of expression or exploitation of a work. The evolution of computer programs, its unique characteristics and th... Read More about Decompilation and copyright in ideas - The protection of non-literal elements of computer software and the idea/expression dichotomy.

Mbube in the age of social media (2019)
Journal Article
Jooste, C. (2019). Mbube in the age of social media. IP Briefs, 3(6), 9-11

Walt Disney’s 2019 remastering of The Lion King as an entirely computer generated, or so-called live-action, film, broke several records to beat the previous box office figures held by Harry Potter and the Deathly Hallows Part 2 and Disney’s own Froz... Read More about Mbube in the age of social media.

The plagiarist on trial (2018)
Journal Article
Jooste, C. (2018). The plagiarist on trial. Without Prejudice, 18(9),

It is true that plagiarism is not a legal concept in the strict sense. It is not defined by any statute or specifically regulated by the common law. Neither industry-specific codes nor policy amount to law, regardless of their consequences. However,... Read More about The plagiarist on trial.

Wat elke skrywer moet weet: 'n Regsperspektief op plagiaat (2018)
Digital Artefact
Jooste, C. (2018). Wat elke skrywer moet weet: 'n Regsperspektief op plagiaat. [Blog]

A best practice guide on the legal basis of plagiarism, with a focus on misrepresentation, fraud, forgery and uttering. This article is aimed at the members of the Publishers' Association.

Full stop ahead: Public interest in blocking digital content (2018)
Journal Article
Jooste, C. (2018). Full stop ahead: Public interest in blocking digital content. Without Prejudice, 18(2),

It makes for the perfect ideological storm when IP law and ICT law meet and the right to freedom of expression stands in the way. Capitalist and socialist, activist and pacifist, pragmatist and idealist: differing legal experts abound in the battle f... Read More about Full stop ahead: Public interest in blocking digital content.

Commentary on the Copyright Amendment Bill 2017 (2017)
Report
Jooste, C., & Karjiker, S. (2017). Commentary on the Copyright Amendment Bill 2017. Stellenbosch, South Africa: Anton Mostert Chair of Intellectual Property Law

Another draft of the Copyright Amendment Bill, version B13-2017 (the “2017 Bill”), was published by the Department of Trade and Industry (“DTI”) on 16 May 2017, pursuant to a notice published approximately a year ago in the Government Gazette (Notice... Read More about Commentary on the Copyright Amendment Bill 2017.

The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights (2017)
Presentation / Conference
Jooste, C. (2017, June). The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights. Paper presented at Congress of the Association of IP and IT Law Teachers & Researchers, Stellenbosch University

The impact of social media as a tool for the protection of civil and political rights, particularly during periods of civil unrest, political turmoil or democratic dispute, is well established. In the African context, the role of technologically-aide... Read More about The troubled nexus of ICT and IP law reform - The regulation of content aggregation, freedom of expression and intellectual property rights.

A diamond in the rough (2015)
Journal Article
Jooste, C. (2015). A diamond in the rough. Without Prejudice, 15(9),