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

Fri Jan 30 15:48:47 EAT 2015

Dennis,

We had an issue with Bernsoft.com but has since been resolved.

Regarding the article, for quite some time we have been involved in helping
artists create content - which we still do. We opted to go through a more
inclusive process by working with the Music Industry Association of Kenya
-which we helped in establishing as well. This has been a better way to do
it and we encourage organisations such as yours to help artists create
content by sponsoring some less fortunate ones.

Which issue are you referring to that has a middleman?

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 11:48 AM
To: bkioko at bernsoft.com
Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans
to download content illegally

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-financin
g-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

<http://t.signauxneuf.com/e1t/o/5/f18dQhb0S7ks8dDMPbW2n0x6l2B9gXrN7sKj6v5df9
RN64kxbFRYHc-N8rBqW6QFLCHW5wfQ8G1k1H6H0?si=5495672839077888&pi=ddd43ffd-05df
-4d91-ab47-ab1f8fe7c48c> 

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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