Video games in South Africa enjoy protection not only as computer programs but also as “cinematographic films” thanks to a 1996 ruling in the Supreme Court of Appeal.
Nintendo launched a version of the console specific for the North American market called the Nintendo Entertainment System in 1985, while Europe started getting the Famicom in 1986. Our first local Nintendo distributor was a company called Futronic, which obtained the rights to sell the company’s consoles and games around the launch of the Nintendo GameCube in 2001. Futronic gave up the licence in 2007, after which local Apple distributor Core Group acquired the rights.
Without that provision in the law, Nintendo argued that games qualify as “cinematographic films” — and won.Golden China appealed the ruling — but only to challenge the classification of games as films under the amended Copyright Act.The ruling was surprising because the amendments to the Copyright Act specifically excluded computer programs from the definition of “cinematograph film”.
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