[kictanet] Music Piracy in Kenya - Government can Help

Fri Sep 28 05:52:27 EAT 2012

Kivuva,

Thank you for this. It took me 1year of pondering on whether to write the
email and more specifically if to disclose the website. I understand the
effect of exposing the website and I agree with you it may not be the best
thing, BUT I also believe that piracy is partly won by change of attitude
among people. When you download a free song from that website, you will have
denied your brother or sister a livelihood. I can list the number of music
artists who cannot pay rent this month. If they sold their music legally,
that situation would be different.

I also believe the people in this list are interested in policies and
frameworks and less of anything that breaches the same.

Using the legal frameworks and institutions in place, we can get this
website blocked.

I am glad to report that when I raised this issue with Bob Collymore,
Safaricom, via email today, his PA called me within a record 1hr to pledge
support and after we specified the help we need, they have promised to get
back to us by Tuesday next week with the same.

I am still awaiting for response from Airtel CEOs (Kenya, regional and
Africa CEOS) who I also sent similar emails. I shall engage Orange, YU and
the traditional ISPs tomorrow. I have sent similar requests to CCK. The
first step is to try and get this resolved amicably. The problem is visible
to everyone. If we fail with first step, then we proceed to court if that's
how we need to enforce.

We are also planning to engage KRA on this. For the little content we sell,
we lose 26% vat and excise duty to them so it's in their interest that we
sell this content.

I hope we can count on many other institutions  to support us.

Regards

-----Original Message-----
From: kictanet
[mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf
Of Kivuva
Sent: Thursday, September 27, 2012 9:37 AM
To: bkioko at bernsoft.com
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Music Piracy in Kenya - Government can Help

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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--
______________________
Mwendwa Kivuva
For
Business Development
Transworld Computer Channels
Cel: 0722402248
twitter.com/lordmwesh
transworldAfrica.com | Fluent in computing kenya.or.ke | The Kenya we know

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for
people and institutions interested and involved in ICT policy and
regulation. The network aims to act as a catalyst for reform in the ICT
sector in support of the national aim of ICT enabled growth and development.

KICTANetiquette : Adhere to the same standards of acceptable behaviors
online that you follow in real life: respect people's times and bandwidth,
share knowledge, don't flame or abuse or personalize, respect privacy, do
not spam, do not market your wares or qualifications.