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

Fri Jan 30 11:48:29 EAT 2015

DHL is a "host" and not an "ISP" , an ISP is equivalent of a road here.

Our of curiosity, why is bernsoft.com suspended?
I also don't understand this related issue
http://www.the-star.co.ke/news/article-153378/bernsoft-stops-direct-financing-artistes
, shouldn't the issue be left to the artist and their producer, who do they
have to go through a middleman?

I keep saying that in Kenya we are lucky not to have regulation governing
lots of stuff, it gives us the opportunity to innovate. If we had regulated
M-Pesa, it would probably have stated that you require a phone with a
physical keyboard and a 2G network, which technology is quickly moving away
from.

If the issue is our culture of not paying for stuff, how will copyright
holders police me sharing my music folder on the cloud to my friends, or
sharing my Mp3 collection via bluetooth or flashdisk?

I think copyright holders should be working on enabling buyers, otherwise
they will be caught up in an expensive and fruitless war pitting them and
ISPs. ISPs are not customers, they just deliver Internet.

On Fri Jan 30 2015 at 09:41:56 David Makali via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Wrong analogy, James. You do not ask NTSA but you apprehend the vehicle
> owner/driver/The transporter. Try and ferry your Bhang with DHL or even
> Easy Coach if you know what I mean. You have to declare your goods! Same to
> those who want to use the ISP. Vicarious liability...
> David
>
>
> This is official mail. If you doubt the content, call back on
> +254722517540.
>
> On Jan 29, 2015, at 3:09 PM, James Mbugua via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> Bernard,
>
> I asked you, Can you sue NTSA for allowing Bhang to be transported on our
> roads?
>
> ???
>
> Exactly, how the hell are they supposed to know who is transporting bhang?
>
> In your case, exactly how the hell are ISPs supposed to know you are
> downloading music illegally?
>
> You guys are just looking for traction here....the people you should talk
> to are Kenic if they registered them and the owners of the servers where
> these sites are hosted. ISPs have nothing to do with this.
>
> James
>
> On Thu, Jan 29, 2015 at 3:04 PM, Bernard Kioko via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> At one point many ppl didn't believe mpesa would be possible.. It took
>> intervention from the late minister michuki....
>>
>> We r country used to being first in many things
>> On Jan 29, 2015 2:59 PM, "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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> 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.
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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,
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