[kictanet] Copyright Amendment Bill 2017

Wed Feb 7 16:21:44 EAT 2018

Some historical perspective is offered here
http://www.techweez.com/2018/02/07/high-court-dismisses-bernsoft-petition/

A legal matter has been brewing in court over copyright issues. The case
was taken to the High Court of Kenya where Bernsoft Interactive, a content
provider and web services company that is affiliated to Safaricom’s Skiza
Tune service, wanted the Internet Service Providers (ISPs) to take down
content that infringes on copyrights.

On 31 Jan 2018 04:22, "Collins Areba via kictanet" <
kictanet at lists.kictanet.or.ke> wrote:

> I see problems:
>
> 1: ISPs don't necessarily host websites, some do as an additional business
> activity, most dont.
> 2: ISP's do not in principle scan and assess the nature of traffic passing
> through, their primary role, is to pass data. Effectively, efficiently,
> reliably.
> 3: Lastly, IPV6 introduces another complication to this whole equation
> especially if the ISP made a design decision to execute this network wide.
>
> In short, take down requests should be sent to the persons that are able &
> responsible for this. I hope we do not get into that scenario where a legal
> notice to intervene is issued to someone who cant / shouldn't intervene
> because the law was ignorant on this.
>
> Regards,
>
> Collins Areba,
> Kilifi, Kenya.
> Tel: +*254 707 750 788 */ *0731750788*
> Twitter: @arebacollins.
> Skype: arebacollins
>
> On Wed, Jan 31, 2018 at 12:01 PM, kanini mutemi via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Just a reminder that the National Assembly invited public comment on this
>> Bill. In case someone has proposals especially on the take down procedure
>> proposed, this is the right time to send those in.
>>
>> On Wed, Nov 15, 2017 at 9:38 PM, Bernard Kioko via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> There needs to be ways for copyright owners to reduce and/or stop the
>>> piracy of their works. One way is to make the content easily available
>>> affordably. Another is to work ways to reduce the piracy.
>>>
>>>
>>>
>>> The situation at the moment is terrible. Copyright owners are not able
>>> to make any money because their works are placed on the internet for free
>>> access (and some ISPs benefit from the data consumption).
>>>
>>>
>>>
>>> *From:* kictanet [mailto:kictanet-bounces+bkioko=
>>> bernsoft.com at lists.kictanet.or.ke] *On Behalf Of *Victor Kapiyo via
>>> kictanet
>>> *Sent:* Wednesday, November 15, 2017 11:53 AM
>>> *To:* bkioko at bernsoft.com
>>> *Cc:* Victor Kapiyo
>>> *Subject:* [kictanet] Copyright Amendment Bill 2017
>>>
>>>
>>>
>>> Dear Listers,
>>>
>>>
>>>
>>> The Copyright (Amendment) Bill 2017
>>> <https://ipkenya.files.wordpress.com/2017/10/copyright__amendment_bill_2017no33.pdf>
>>> was recently tabled in Parliament and has already gone through the first
>>> reading. The Bill proposes a number of new measures to strengthen the
>>> copyright regime. Some of the proposals have a bearing on the protection of
>>> computer programs, circumvention of technological protection measures,
>>> broadcasts, royalties and their collection, liability and roles of ISPs,
>>> procedures for takedown measures, and so on.
>>>
>>>
>>>
>>> Kindly have a look at the Bill and share your views given its
>>> implication on the ICT sector.
>>>
>>>
>>>
>>> You can also read through this article - *Internet Service Providers to
>>> be Enlisted in Fight Against Piracy in Kenya
>>> <http://blog.cipit.org/2017/11/06/internet-service-providers-to-be-enlisted-in-fight-against-piracy-in-kenya/>
>>> - *by M. Mutemi, on the CIPIT Blog analysis the changes proposed in the
>>> Bill.
>>>
>>>
>>>
>>> Regards,
>>>
>>>
>>>
>>> *Victor Kapiyo*
>>>
>>> Partner | *Lawmark Partners LLP*
>>>
>>> Advocate of the High Court of Kenya & Commissioner for Oaths
>>>
>>> *Suite No. 8, Centro House, Westlands, Nairobi | **Web:
>>> www.lawmark.co.ke <http://www.lawmark.co.ke> *
>>>
>>> ====================================================
>>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>>> Ziglar*
>>>
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>>
>>
>> --
>> *Mercy Mutemi, Advocate*.
>>
>>
>>
>>
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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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> 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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