[kictanet] Music Piracy in Kenya - Government can Help

[John Gitau]

Bernard,
So knowing you understand how this works both for the people hosting the
content, the service provider and the other parties
(musicians,you,producers etc), closing one site won't really be a viable
long term solution (think back to telkom blocking voip and how hard we
worked to go around them). They will just move things around, especially if
they are somehow making money off the free downloads.

However, and you seem to have it figured out, the biggest culprits need to
be locked down; somehow, unfortunately if they have a good hosting provider
it will be tricky for the service providers to do it without incurring
additional cost. But it can get done.

The best solution is a situation where people are sensible enough to
actually CHOOSE to buy, in which case you need to ensure they have a
platform to get the music from. Which means your best bet is to make sure
the campaign is successful. Sometimes people don't get how much work goes
into making a song or movie or painting enough to respect it enough to buy.
(I hear miguna's book on pdf was downloaded by several factors of the guys
that actually bought the book).  Most of the initiatives you have outlined
should start to hopefully work.

Another tactic is to get a list from ISP's of everyone that has ever
downloaded a song, pick the top 100, send them letters to pay up very
publicly and let the users know they can't hide if they commit an online
crime. The old logs might be unavailable but they can start tracking now.
Might be cost a bit but it should drive the message home and ties in well
with your campaign. I can think of at least two ISP's with systems that can
do this.

On this email I'm just weighing in the fact that trying to block the sites
might not really have the desired effect in the long run. It however will
cause some desirable disruption. And starts a debate that pretty much seems
to have started your awareness campaign. So thanks.

jgitau

On Fri, Sep 28, 2012 at 8:41 AM, Bernard Kioko [Bernsoft Interactive
Limited] <bkioko at bernsoft.com> wrote:

> James,
>
> As I said copyright can be complicated and it's taken me two years and 2
> trips to South Africa to understand this fully.
>
> My point was, ALL copyright owners of a song MUST authorize the song to be
> sold. If only 2 persons out of 4 owners  allow the song to be sold, then
> copyright infringement takes place for the other 2 persons. Of course this
> changes if the 4 persons had appointed the 2 persons to represent them.
>
> Please remember my complain, there is a website that is offering our
> content
> FREE and although we have channels to sell our content consumers go for
> FREE. Example,  at one point, this website and all other "legal" website
> existed on the a network operator's wap home page.
>
> On your issue about hottest downloads.
>
> The hottest downloads are in a website where content is being pirated. If
> music is to be offered for free, let the OWNERS of the music do the free
> offers.
>
> Regards
>
> -----Original Message-----
> From: James Kariuki [mailto:jkariuki at gmail.com]
> Sent: Thursday, September 27, 2012 11:50 AM
> To: Bernard Kioko [Bernsoft Interactive Limited]
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Music Piracy in Kenya - Government can Help
>
> > 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.
>
> Today am having a long and slow day - forgive me if am missing something.
> You raise this issue here first because the music is 'pirated' and sold not
> as recorded/burnt CDs but as downloads off a website. You also say that
> those accessing the music from some of the hosting sites are doing so
> illegally because there is copyright infringement. If there no access
> issue,
> copyright infringement would not arise in the first place. My question to
> you is: how have you placed yourself in the music industry to cater for a
> growing need of electronic access (through downloads) of your music? I ask
> this because the lack of a legal access to the music could have created an
> avenue for others to profit illegally.
>
> >
> > 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....
>
> If this is your view. But I think this is a 20th century way of managing
> copyright and restricting access.
>
> On a different note, have you tried through your sources to establish if
> the
> hottest downloads are also the fastest moving sales? I remember reading
> something a while back to the effect that availing your music freely for
> download could bolster your sales.
>
> --James
>
>
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-- 
**Gitau
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