17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Govindan v Gopalakrishna Kone 1955 AIR 391 (Mad).
Galago Publishers, supra at 286D.
Galago Publishers, supra at 293BC.
Francis Day & Hunter Ltd and another v Bron (trading as Delmar Publishing Co) and another [1963] Ch 587; [1963] 2 All
ER 16 (CA) at 22.
Ibid at 25C.
Ibid at 27DE.
The statistical analysis by Professor Dunne on behalf of OUP showed that the headwords common to both dictionaries
numbered between 50% and 60% of the total number of headwords in each. Of these Professor Kidd's analysis
indicated that around 20% contained example sentences that exhibited correspondences according to Dr Prinsloo. The
OUP publication had slightly fewer than 10 000 headwords. On these figures therefore between 1000 and 1200 cases of
example sentences exhibiting correspondences would be present. For reasons that emerged from Professor Dunne's
evidence that may be a far smaller proportion of the total number of example sentences.
Kevin Garnett, Gillian Davies and Gwilym Harbottle Copinger and Skone James on Copyright (15ed) (2005) para 7.22,
at 380.
Copinger and Skone James, supra para 7.17.
This is what Professor Taljard referred to as decoding the meaning of words.
PlasconEvans Paints Ltd v Van Riebeeck Paints (Pty) Ltd [1984] ZASCA 51; 1984 (3) SA 623 (A) at 634D635D [also
reported at [1984] 2 All SA 366 (A) Ed]; Thint (Pty) Ltd v National Director of Public Prosecutions and others [2008]
ZACC 13; 2009 (1) SA 1 (CC) paras [8][10] [also reported as Thint (Pty) Ltd v National Director of Public Prosecutions
and others; Zuma and another v National Director of Public Prosecutions and others 2008 (12) BCLR 1197 (CC) Ed];
National Director of Public Prosecutions v Zuma [2009] ZASCA 1; 2009 (2) SA 277 (SCA) para [26] [also reported as
National Director of Public Prosecutions v Zuma (Mbeki and another intervening) [2009] 2 All SA 243 (SCA) Ed].
National Scrap Metal (Cape Town) (Pty) Ltd and another v Murray & Roberts Ltd and others [2012] ZASCA 47;
2012 (5) SA 300 (SCA) para [22].
Dexion Europe Ltd v Universal Storage Systems (Pty) Ltd [2002] ZASCA 97; 2003 (1) SA 31 (SCA) para [15] [also
reported at [2002] 4 All SA 67 (SCA) Ed].
IPC Media Ltd v HighburyLeisure Publishing Ltd [2004] EWHC 2985 (Ch); [2005] FSR 20 at para [11] (IPC Media).
Forty percent of the words were not common to both dictionaries and at most twenty percent of the words that were
common, that is, one fifth of the remaining sixty percent (twelve percent of the whole), had correspondences in the
example sentences. Eighty eight percent of the dictionary must therefore have been original work.
If one assumes that each compiler A, B and C was as likely to copy as not to do so, there are eight possible
combinations ranging from none of them copying to all of them copying. The likelihood of all of them copying would
therefore be 1 in 8. If one of them was less likely to fall prey to the temptation of copying so that given their
background and character, the likelihood of that one not copying was 70% and the likelihood of their copying 30%, the
likelihood of all three copying falls to 3 in 40. With two such stronger characters it falls to 9 in 200 and if all three are of
that ilk it becomes 27 in 1000.
Galago Publishers; Govindan v Gopalakrishna Kone, supra and Designers Guild Ltd v Russell Williams (Textiles) Ltd
[2001] 1 All ER 700 (HL).