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

Fri Jan 30 14:07:19 EAT 2015

Elsewhere, Hiphop Mogul Jay Z has joined Dr. Dre in investing in a music
streaming service.
http://thenextweb.com/media/2015/01/30/jay-z-getting-music-streaming-business-buying-aspiro/

Also, the number of independently produced music acts that are hitting
international charts is on the rise. Artists like Kanye West and Beyonce
have joined the fray of self produced videos (Beyonce shot the music video
of her latest hit herself). This is despite such major acts having access
to funding from labels.

The Internet is changing the way music is produced and consumed. Much as
the copyrights belong to the copyright holders and they have a right to
fight people who want to access their music differently, it is important
for them to ask themselves what the end game is.

Typically, in Kenya and other African countries, we have lacked a
substantial mode of music distribution, hence most artists make their money
from concerts rather than music sales. It is also interesting to note that
music concerts bring in a tidy sum in neighbouring Tanzania, hence they are
able to afford major pop acts, which is not possible in Kenya. Uganda also
seems to be better off than Kenya, despite us boasting of East Africa's
largest economy.

Some blame government taxation for the dismal returns of concerts in Kenya.

Can we attribute all of this to ISPs and piracy, and is this what we can
best do to improve our industry?

On Fri Jan 30 2015 at 13:04:48 Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> That is a good analogy  David. I think our musicians need to figure
> out how best to survive in the present ecosystem,at times legalese is
> not always the best route.
>
> Best Regards
>
> On 1/30/15, 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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> >>
> >> _______________________________________________
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> >>
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> dmakali%40yahoo.com
> >>
> >> 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.
> >
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
>
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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.
>
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