[kictanet] Music Piracy in Kenya - Government can Help

[Kivuva]

This is an interesting debate. What I gather is Bernard wanted to hear
what measure the government has put in place to enforce copyright,
including clamping down on illegal sale of local music through the
internet.

Bernard, Although this is a very good claim, you have succeeded in
advertising the pirates' website to a list with thousands of people. I
would have wished you don't list the thieves domain.

Organised online piracy is hard to beat especially if hosting is done
on some distant islands. We saw how the internet community rushed to
the aid of Kim Dotcom of megauploads fame. The only solution in my
informed view is to have offending domains/IPs blacklisted by our
local ISPs, although that would require high level cooperation, and
would raise issues of net-neutrality. Elsewhere, giant Intelectual
Property owners have gone through WIPO/ICANN to disable and prosecute
copyright violators.

If the criminals are local and known, they can always be prosecuted.

Various countries have introduced laws that put in place specific
internet focused enforcement measures to combat online copyright
infringement, including:
1. Graduated response culminating in suspension of internet access
2. Traffic shaping
3. Blocking (URL, IP, port, protocol)
4. Using the domain name system (domain seizure).
5. Criminalising copyright infringement by illegal content consumers
6. Turning to cloud storage servers (cyberlockers)
Probably Kenya should consider walking one of those paths.
7. Expanding the pool of internet intermediaries as agents for enforcement

Which way for Kenya?

Regards

On 28/09/2012, Bernard Kioko [Bernsoft Interactive Limited]
<bkioko at bernsoft.com> wrote:
> James,
>
> Not every Kenyan can play music from other forms. Some people still have
> Cassettes and CD players. The issue of how music is sold to you is
> secondary
> AFTER its copyright has been managed. Lets not confuse the issue of
> copyright infringement with that of access to music.
>
> Licensing limited number of duplicates just means an artist can tell the
> person making CDs to make 100,000 for now and when they need to make more,
> they contact the artist. On the internet though, downloads can move from 1
> to 1m in day....
>
>
>
>
> -----Original Message-----
> From: James Kariuki [mailto:jkariuki at gmail.com]
> Sent: Thursday, September 27, 2012 7:28 AM
> To: Bernard Kioko [Bernsoft Interactive Limited]
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Music Piracy in Kenya - Government can Help
>
>> You and your brother own a goat at 50/50. Your brother is also a
>> member of a society that sells goats called (lets call it GCSK J ).
>> One morning your brother goes to GCSK and tells them he has a goat and
>> they tell him, we can sell the goat. They take the goat and sell it.
>> You return home and your brother tells you BTW, I sold the goat..and
>> he tells you.I was paid my 50% and directs you to go to GCSK to get
>> your money. At GCSK, they tell you, if you are not a member we can't
>> pay you! Further, they tell you, after 3 yrs any money we collect that
>> belongs to non-members "evaporates" - well not in those words exactly!
>
> What I read here is of an industry or at least a section of it that has
> completely refused to evolve with the times. The traditional market-place
> underwent a major transformation. Why would I in this day and age want to
> buy a full CD if I just need or like one song in the full CD? I guess part
> of the losses and infringements that are reported here are part because of
> the rigidity in the industry in embracing the mix and mash.
>
> For a musician or producer, why would you want to sell CDs when the sale of
> individual songs out-performs the sale of complete CDs?
>
> Having said that, I do not get the issue of 'licensing a limited number of
> duplicates'.
>
> --James
>
>
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