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

Fri Jan 30 15:23:05 EAT 2015

Dennis,

Sorry I have been away from internet access.

I think it's wrong for you to try and imply that the ISP aspect is all the
problems with Music industry or even to insinuate that we imply so. There
are many other factors - of which we are also tackling. Eg We have media
owners who won't pay for playing music - yet in other countries royalties
are paid to these examples of Jayz, Dr Dre , Beyonce that you give. We will
also be seeking legal solution to this because we have spent over 7years on
the discussion table but nothing.

In those same countries, if you download music or movie content from a
piracy website, your ISP and or law enforcement sends you a warning and if
you continue, they terminate your link. Do you realize that this could be
one of the outcomes of the petition?

The other models people are giving here from developed countries are
supported by the existence of regulation/legislation. Let's not fool each
that they just exist. Truth is, these counties have laws that can penalize
parties infringing copyright. Those laws are also enforced. 

There is a difference between a consumer pirating and an organized piracy
where someone takes all the songs (illegally), places them on a certain
server and earns revenue through data charges or advertisements - then that
person hides away in a foreign country.

Also, please remember a song is not a property of the artist only (who in
most cases is the known as the person singing). There are several parties to
each song - the person who wrote the lyrics, the person who sang (artist)
the person who made the beats and the person who paid for the production of
the song. These parties are all owners of the song and they must be
compensated when a song is exploited.

We haven't sued the ISPs. We have petitioned for certain steps to be taken.
Those steps we expect them to be taken by the Government through the
agencies - CAK and Kenya Copyright Board. Before we got to this point, we
attempted dialogue and engagement. There is a very clear plan around why we
are here and what the intended goal will be.

There are also other steps currently ongoing outside these e.g

-        The ministry of culture has a music policy process currently
ongoing- so some of the recommendations here have been shared.

-        There is an engagement with media owners on broadcast royalties.

-        There is an artist training being planned by the copyright bodies
and Kenya Copyright Board and we support it.

-        We have engaged with some of the telecommunications providers to
provide transparent sales channels for music rights owners where revenue
streams straight to artists. I know in the next few days a major
announcement will be made in this respect.

-        We have created some partnerships with media organisations to
create music sales channels that respond to consumer needs while ensuring
rights owners get their royalties.

-        I know of several music download (Mdundo, waabeh,tetemesha,
safaricom) platforms that enable consumers to access music.

-        I am aware of an industry initiative for streaming services eg
www.mziki.net which will actually pay artist for every song consumer listens
- and consumer listens free on their mobile or computer.

Innovations will continue to come, but we MUST reduce,if not stop PIRACY. We
must also change the perception people have. 

When one has copyright, it's the same as that person owning a goat or a cow
or land. Its their property and they should be able to commercialize it.

This is just one step of the many that the Intellactual Property Owners
Association will engage in.

We didn't just wake up and go to court, a lot of thought, research,
consideration and effort was put into the process and we believe any
corporate citizen interested in seeing their country musicians earn and grow
will be willing to have a solution in place.

Regards

From: kictanet
[mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On Behalf
Of Dennis Kioko via kictanet
Sent: Friday, January 30, 2015 2:07 PM
To: bkioko at bernsoft.com
Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans
to download content illegally

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-busines
s-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-b
lock-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-ill
egal-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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>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
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--
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/

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