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Crs Technologies (Pty) Ltd v McKerrel and Others (47954/2018) [2019] ZAGPPHC 340 (26 July 2019)
The High Court dismissed a contempt application alleging breach of software-related interdicts, finding the applicant had not proved wilful, mala fide non-compliance beyond reasonable doubt.
National Commissioner Of The South African Police Services and Another v Forensic Data Analysts (Pty) Ltd and Another (24570/2018) [2019] ZAGPPHC 6; 2019 BIP 215 (GP) (30 January 2019)
The court found that FDA is the author and copyright holder of the FPS system, as there was no evidence that SAPS exercised the requisite direction or control over the creation of the software to vest copyright in the State under section 5(2) of the Copyright Act. The Waymark agreement did not confer a perpetual licence on SAPS, and the 2016 SITA/FDA agreement only entitled SAPS and SITA to use the FPS system while the licence was valid. Upon expiry, SAPS and SITA were obliged to cease use and return all copies of the software to FDA. The continued use of the FPS system by SAPS and SITA witho…
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