[kictanet] Music Piracy in Kenya - Government can Help

[Liz Orembo]

Morning listers,

Does anyone know of sites currently being blocked by ISPs?

How does a user know that a site is blocked? Especially the ones using .KE?

Regards.
On Oct 3, 2012 10:26 AM, "Bernard Kioko [Bernsoft Interactive Limited]" <
bkioko at bernsoft.com> wrote:

> No worries Victor.
>
>
>
> Regards
>
>
>
> *From:* Victor Kapiyo [mailto:vkapiyo at gmail.com]
> *Sent:* Wednesday, October 03, 2012 8:45 AM
> *To:* Bernard Kioko [Bernsoft Interactive Limited]
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* Re: [kictanet] Music Piracy in Kenya - Government can Help
>
>
>
> I'm afraid i got this a little late in the day, but nonetheless, here are
> my two cents:
>
>
>
> Bernard, I hope you will be able to give us regular updates on the
> progress of the your case and possibly some details esp. names of parties,
> a brief summary of the case as filed, case number and hearing dates should
> one wish to follow up in court. I think its good that you have been bold
> enough to go to court for legal redress and i believe that the outcome of
> this case will form a useful precedent for the enforcement of copyright
> online.
>
>
>
> In addition, it would be important to explore further the options already
> listed above by Kivuva, Alex et al, and tie these with the discussions on
> intermediary liability (see separate thread + attached report on IL), to
> inform legal reform. I am aware that the Kenya Copyright Board has started
> receiving comments for amendments to the Copyright Act (which has its
> limitations especially with regard to the internet), and as such, it would
> be useful to assess practical options and proposals that can be implemented
> through the law or otherwise to safeguard the rights and interests of
> copyright holders without compromising the openness of the internet or
> unduly limiting the rights of other internet users.
>
>
>
> Cheers
>
>
>
> Victor
>
>
>
> On 28 September 2012 10:29, Bernard Kioko [Bernsoft Interactive Limited] <
> bkioko at bernsoft.com> wrote:
>
> BTW,
>
> We must all understand that it's very difficult for someone sitting in
> Turkey or Netherlands to know that Njoroge's song in Nyeri is currently the
> top song.
>
> It's my believe that someone in Kenya is feeding these sites with info or
> content. Someone in Kenya is benefiting from this content.
>
> One interesting thing is that a local company that infringed on our
> copyright had the same spelling mistake on our content as two other
> infringers (including WAPKID). 2 of these have confirmed that they got
> content from a local organisation. Its possible that WAPKID got this
> content
> from this same organization.
>
> Anyway, we are proceeding to court on this matter tomorrow so I shall have
> to say very little from this moment.
>
> Thank you everyone for your help so far and incase I can't comment much
> further, it's because I am advised to not (some court process stuff).
>
> Regards
>
>
> -----Original Message-----
> From: kictanet
> [mailto:kictanet-bounces+bkioko=bernsoft.com at lists.kictanet.or.ke] On
> Behalf
>
> Of Alex Comninos
> Sent: Thursday, September 27, 2012 1:14 PM
> To: bkioko at bernsoft.com
> Cc: KICTAnet ICT Policy Discussions
> Subject: Re: [kictanet] Music Piracy in Kenya - Government can Help
>
> What way for Kenya?
>
> Disclaimer: I am neither Kenyan, nor know much about the legislative and
> regulatory environment there.
>
> On 27 September 2012 18:37, Kivuva <Kivuva at transworldafrica.com> wrote:
> > Organised online piracy is hard to beat especially if hosting is done
> > on some distant islands. We saw how the internet community rushed to
> > the aid of Kim Dotcom of megauploads fame.
>
> Some with very good reason! There were many negative effects of taking down
> Megaupload; many people used the site for legitimate purposes:
> for sending, sharing  and storing files.
>
> Furthermore, MegaUpload was not operating much differently then sites like
> dropbox and YouTube, which also occasionally unwittingly sometime have
> copyright infringing content. These companies, including MegaUpload
> responded to DMCA requests, and had easy mechanisms for reporting copyright
> violations and requesting takedowns. What if these domains are also taken
> down or blocked on the same grounds?
>
> >The only solution in my
> > informed view is to have offending domains/IPs blacklisted by our
> >local ISPs, although that would require high level cooperation, and
> >would raise issues of net-neutrality. Elsewhere, giant Intelectual
> >Property owners have gone through WIPO/ICANN to disable and prosecute
> >copyright violators.
>
> IP address blocking, which would possibly affect net neutrality and freedom
> of expression.
>
> RE: DOMAIN AND IP ADDRESS BLOCKING
>
> Domains can change in seconds, and users can learn almost as fast as this
> what the new one. The WAPKIDs site has a number of other domains with the
> word WAP in it that perform the same function.
>
> IP addresses can also change just as fast.
>
> I would hope that Kenya goes a way that would balance copyright enforcement
> concerns with human rights concerns. What would be the unintended
> consequences of blocking domains and IP addresses?
>
> Blocking a domain can have chilling effects on freedom of expression and
> association. Firstly the said domains may host legal as well as illegal
> content. It is hard to generalise about a domain that acts as an
> intermediary for uploads and downloads- whether it is an illegal or legal
> site. Mistakes can also be made by domain blockers which can inadvertantly
> censor legitimate content.
>
> Blocking IPs in addition to interfering with the efficient function of the
> internet, can also have alot of collateral damage in the form of
> inadvertant
> censorship. A large part, if not most of the internet, is on shared
> hosting.
> Blocking an IP can can result in the blocking of all other websites on that
> IP, most of which in a shared hosting situation are not associated and do
> not even know anyone else on that host. Blocking IPs can silence the
> average
> Joe on the Internet, be he/she a blogger, a website developer or struggling
> musician.
>
> if there is ever a blocklist provided to ISPs in Kenya, who controls this
> list? How can we be sure that the management of this list is not
> politically
> influenced? Will the maintenance of the list be transparent.
>
> > internet focused enforcement measures to combat online copyright
> > infringement, including:
> > 1. Graduated response culminating in suspension of internet access 2.
> > Traffic shaping 3. Blocking (URL, IP, port, protocol) 4. Using the
> > domain name system (domain seizure).
> > 5. Criminalising copyright infringement by illegal content consumers
> > 6. Turning to cloud storage servers (cyberlockers) Probably Kenya
> > should consider walking one of those paths.
> > 7. Expanding the pool of internet intermediaries as agents for
> > enforcement
> >
> > Which way for Kenya?
>
> 1. If one is being monitored for the amount of times one connects to
> certain
> domains, one is effectively surveiled. There are privacy consequences here.
> Such systems would be open to abuse as well, and would have to be very
> transparent.
>
> 2. The nature of content cannot ascertain its legaility. This would also
> entail surveilance, as under point one.
>
> 3. Domains and IP discussed above. Discriminating by port or protocol would
> not be fair. I could be downloading a legal Ubuntu distro, Creative Commons
> material, or all number of things through Bittorrent, for example. Would
> packets then need to be sniffed? Now there is more surveilance, in addition
> to the sites one visits being monitored, the contents of files and packets
> are analysed.
>
> 4. Using the Domain Name System (Siezing domains)? I am not sure what this
> entails. Please elaborate. I am no expert on internet governance, but this
> would entail radically altering the structure of the internet. MPAA has
> even
> taking fiddling with the DNS system off the table
> http://mashable.com/2012/01/17/mpaa-sopa-pipa/
>
> > 6. Turning to cloud storage servers (cyberlockers)
> Like Megaupload?
>
> Many options off the table
>
> > 7. Expanding the pool of internet intermediaries as agents for
> > enforcement
> So running out of options, if governments and the music industry cannot
> solve the problem, they must pressure intermediaries to enforce copyright?
>
> Intermediaries are just the pipes, they are neither aware of nor actively
> propagate content on their networks. If a user accesses a copyrighted file,
> say from WAPKID, It should be the copyright infringer, not the network
> operator or ISP responsible for the violation.
>
> Limitations on the liability of intermediaries are vital for the successful
> functioning of the information society and information economy. This is why
> intermediaries are protected from liability for copyright infringement
> under
> the DMCA in America, under the EU Commerce Directive, under the Electronic
> Communications and Transactions Act in South Africa, and in many other
> countries.
>
> When under the legislation listed above, intermediaries acting as hosts
> must
> respond to takedown requests for valid cases of copyright infringement, and
> they must respond to all legal requests in any given country. To qualify,
> it
> is suggested under these legislations that there should probably be a take
> down system. Intermediaries lose their liability once they are aware of the
> content by means of a take-down notice, so need to take seriously takedown
> requests. Is there such a take-down system in Kenya. Any such system should
> be transparent and offers all affected parties recourse to appeal.
>
> I become concerned when holding intermediaries liable for infringement
> beyond when they are hosting it becomes problematic. To enforce copyright,
> with regards to ACCESS to sites such as WAPKid.
> Intermediaries would be required to implement a number of methods that may
> be considered censorship or surveilance e.g. packet sniffing, filtering,
> keeping records on sites accessed by users etc.
>
> Such a system of intermediary which aims to get intermediaries to enforce
> on
> users punishments so that they do not downloading content - The "three
> strikes and you are out"/HADOPI framework in France - has had many human
> rights implications and problems with implementation.
>
> See this scenario:
>
> http://www.cnet.com.au/french-illegal-downloads-agency-hadopi-may-be-abolish
> ed-339341011.htm
>
> Lastly, I recommend this paper as a critique of an intermediary liability
> approach to enforcing copyright:
> http://www.giswatch.org/fr/node/512
>
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>
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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.
>
>
>
>
>
> --
>
> Victor Kapiyo, LL.B
>
>
> ====================================================
> *"Your attitude, not your aptitude, will determine your altitude" Zig
> Ziglar*
>
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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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