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

Fri Jan 30 08:43:08 EAT 2015

Christian,

100% agreed. 

Regards 

From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf Of christian kisutsa via kictanet
Sent: Thursday, January 29, 2015 6:37 PM
To: bkioko at bernsoft.com
Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally

Hi all,

Unfortunately,most of the population here in Kenya,do not have a culture of buying music. . .we prefer freebies. . .A vast majority would download the video from youtube and convert to mp3. If that's not the case,how usually brrow a whole folder of Kenyan music from a friend? . .  .Such steps are good to ensure artists get their dues,but when you don't factor in the the buyers purchase psychology then not much will be achieved. . .I believe they should embrace a data driven approach,they should study why most kenyans simply don't like buying music, address those concerns that they find and then create incentives. . .the next logical step would be to work with key stakeholders in the music industry and then move forward from there with the supporting legislation and proper enforcement.

Regards,

Christian 

On Thu, Jan 29, 2015 at 6:24 PM, Mark Mwangi via kictanet <kictanet at lists.kictanet.or.ke> wrote:

As a creator of original works is good that you are taking steps to protecting it and the allied benefeciaries of the same. I agree with @cdohnio on a need to rethink the business model because it is more of a hurdle than an incentive. I once tried to look for Hardstone's Uhiki and I could only find it on some Russian server. Nothing stored locally. I will admit this was before M-Pesa and a regular income so paying for it was hardly an option. 

But do people pirate because they don't want to pay or is it because they find it a bother to use the sanctioned means? Say I want to buy a track from Elani. What are the DRM and payment issues that I  will need to have it on my phone, laptop and car stereo?

On Thu, Jan 29, 2015 at 5:47 PM, Bernard Kioko via kictanet <kictanet at lists.kictanet.or.ke> wrote:

Mwendwa,

In one case the host servers are in Turkey…..any insight on that?

Regards

From: kictanet [mailto:kictanet-bounces+bkioko <mailto:kictanet-bounces%2Bbkioko> =bernsoft.com at lists.kictanet.or.ke] On Behalf Of Mwendwa Kivuva via kictanet
Sent: Thursday, January 29, 2015 3:30 PM
To: bkioko at bernsoft.com
Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally

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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Regards,

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markmwangi.me.ke

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