[kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally

Thu Jan 29 16:48:15 EAT 2015

Thank you David!

From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf Of David Makali via kictanet
Sent: Thursday, January 29, 2015 4:38 PM
To: bkioko at bernsoft.com
Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally

If it's possible for Waiguru to sue google for defamation, and it's possible for twitter to remove your account if you post xxrated msgs, why is it not possible to hold ISPs that host those who fleece us (and by extension benefit from the fees) as well? Especially if they are declared download sites that don't have licence? YouTube removes any content whose copyright is not declared...

Very welcome action.

This is official mail. If you doubt the content, call back on +254722517540.

On Jan 29, 2015, at 3:29 PM, Mwendwa Kivuva via kictanet <kictanet at lists.kictanet.or.ke> wrote:

We have no "precedence" in Kenya on any intermediary liability case. It's a good move for the copyright owners to have this case brought forward and see what direction as a country we should take. This might spur players in the industry to bring legislation to parliament on the same.

What has worked very effectively elsewhere was The Digital Millennium Copyright Act (DMCA), a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). This essentially entails copyright owners policing online content and issuing takedown notices.

When you Google content that has takedown notices, you get this response:

In response to a complaint we received under the  <https://www.google.com/support/bin/answer.py?answer=1386831> US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may  <http://www.chillingeffects.org/notice.cgi?sID=10204135> read the DMCA complaint that caused the removal(s) atChillingEffects.org.

In response to a complaint we received under the  <https://www.google.com/support/bin/answer.py?answer=1386831> US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may  <http://www.chillingeffects.org/notice.cgi?sID=10246859> read the DMCA complaint that caused the removal(s) atChillingEffects.org.

In response to a complaint we received under the  <https://www.google.com/support/bin/answer.py?answer=1386831> US Digital Millennium Copyright Act, we have removed 1 result(s) from this page. If you wish, you may  <http://www.chillingeffects.org/notice.cgi?sID=10261005> read the DMCA complaint that caused the removal(s) atChillingEffects.org.

______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson

On 29 January 2015 at 14:57, Mark Kipyegon via kictanet <kictanet at lists.kictanet.or.ke> wrote:

>From a technical standpoint how feasible is it to simply blacklist sites?

Clone sites and proxies exist to circumvent these blocks.

On 29/01/2015 14:48, Bernard Kioko via kictanet wrote:
> James i posted a link where high court in UK ruled those same sites be
> blocked by ISPs and that's happening.
>
> What's ur comment on that?
> On Jan 29, 2015 2:43 PM, "James Mbugua via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Listers,
>>
>> Hmm...I don't know why I get the feeling this is a case of throwing mud at
>> the wall to see if it will stick.
>>
>> ISPs have never been held liable for downloading illegal content anywhere
>> in the world. From the get go let us dispense with that. Neither will they
>> be found so in this case.
>>
>> I remember vividly when Napster came out and also when Kazaa
>> followed....groups went after the sites not the ISPs. To this day, it is
>> piracy sites that even the FBI goes for not the likes of Comcast or AT$T.
>> Data privacy does not allow you to start checking what your customer is
>> downloading or uploading....this is not China and getting into that
>> territory is very dangerous for people's rights.
>>
>> Let these guys do the hard work and go for the piracy sites or sue NTSA
>> for allowing bhang to be transported on our roads.
>>
>> lol
>>
>> Regards,
>>
>> James
>>
>>
>>

>> On Thu, Jan 29, 2015 at 2:30 PM, Davis Onsakia via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> Will be an interesting case to keep the eye on.
>>>
>>> What is not in doubt is that the final ruling will set a very serious
>>> precedent on how to deal with copyright issues when it comes to the Online
>>> World.
>>>
>>> Best Regards,
>>> Davis M Onsakia
>>> "One doesn't discover new lands without consenting to lose sight of the
>>> shore for a very long time."
>>>
>>> On 29 January 2015 at 13:46, Bernard Kioko via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Reading from the article it says there is a list.
>>>> On Jan 29, 2015 1:23 PM, "Dennis Kioko" <dmbuvi at gmail.com> wrote:
>>>>
>>>>> Does Kenya have necessary laws, and do the copyright holders have a
>>>>> list of infringing sites?
>>>>>
>>>>> On Thu, 29 Jan 2015 13:04 Bernard Kioko <bkioko at bernsoft.com> wrote:
>>>>>
>>>>>>
>>>>>> http://www.ispreview.co.uk/index.php/2014/11/uk-high-court-forces-big-isps-block-56-new-internet-piracy-websites.html
>>>>>> On Jan 29, 2015 12:51 PM, "Dennis Kioko via kictanet" <
>>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>>
>>>>>>> Interesting case, though I wonder how ISPs allow people to allow
>>>>>>> content illegally. Any one with some insight?
>>>>>>> http://www.businessdailyafrica.com/Corporate-News/Music-copyright-owners-illegal-downloads/-/539550/2605386/-/na4mbsz/-/index.html
>>>>>>>
>>>>>>>

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