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

In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country." Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US. People who can afford content will mostly pay, if it's convenient and not via loops.

So are we saying its ok to steal a goat from your neighbor who wont sell it to you and you don't have a goat yet you really need one? From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Dennis Kioko via kictanet Sent: Thursday, January 29, 2015 4:51 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country." Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US. People who can afford content will mostly pay, if it's convenient and not via loops. -- * ------------------------------ * This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com

To extend this flawed logic, shall we sue the fence (in this case the ISP) for the actions of the goat thief? On 29/01/2015 16:54, Bernard Kioko via kictanet wrote:
So are we saying its ok to steal a goat from your neighbor who wont sell it to you and you don't have a goat yet you really need one?
From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Dennis Kioko via kictanet Sent: Thursday, January 29, 2015 4:51 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally
In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country."
Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US.
People who can afford content will mostly pay, if it's convenient and not via loops.

Mark, Infact you manage to steal from the neighbor due to lack of a fence (firewall) so this law will build the fence. Hope that answers you. Also the ISPs have not been sued. The High Court is being petition to ISPs are named as the ones to respond to the petition. -----Original Message----- From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Mark Kipyegon via kictanet Sent: Thursday, January 29, 2015 4:59 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally To extend this flawed logic, shall we sue the fence (in this case the ISP) for the actions of the goat thief? On 29/01/2015 16:54, Bernard Kioko via kictanet wrote:
So are we saying its ok to steal a goat from your neighbor who wont sell it to you and you don't have a goat yet you really need one?
From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of Dennis Kioko via kictanet Sent: Thursday, January 29, 2015 4:51 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally
In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country."
Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US.
People who can afford content will mostly pay, if it's convenient and not via loops.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bkioko%40bernsoft.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. -- * ------------------------------ * This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com

Bernard, I think targeting ISPs is a bit far fetched. They are service oriented as opposed to content, which in this case is the contention. Technically it might also be a headache to task them to implement this locally, for example, maintaining a list on sites/IPs which serve copyrighted vs uncopirighted material. Regards, @njukey On 29 January 2015 at 17:50, Dennis Kioko via kictanet < kictanet@lists.kictanet.or.ke> wrote:
In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country."
Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US.
People who can afford content will mostly pay, if it's convenient and not via loops.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/njukey%40gmail.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.
-- Regards, @njukey

Its not far fetched. Its been done elsewhere and we believe its right. Its not as complicated as it sounds. These sites are not being blocked from geeks with hacking skills, they are being blocked from consumers who "prefer to get it free" even when its available legally and at a fee. BTW, the ISP license actually does require them to ensure that their business does not involve facilitating illegal activies - from what I remember reading. From: kictanet [mailto:kictanet-bounces+bkioko=bernsoft.com@lists.kictanet.or.ke] On Behalf Of David Njuki via kictanet Sent: Thursday, January 29, 2015 5:04 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally Bernard, I think targeting ISPs is a bit far fetched. They are service oriented as opposed to content, which in this case is the contention. Technically it might also be a headache to task them to implement this locally, for example, maintaining a list on sites/IPs which serve copyrighted vs uncopirighted material. Regards, @njukey On 29 January 2015 at 17:50, Dennis Kioko via kictanet <kictanet@lists.kictanet.or.ke> wrote: In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country." Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US. People who can afford content will mostly pay, if it's convenient and not via loops. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/njukey%40gmail.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. -- Regards, @njukey -- * ------------------------------ * This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com

So assuming that you succeed. What measures have you put in place to ensure that consumers who still want these "services" can access them legally? Or were you planning on leaving an empty void? On Thu, Jan 29, 2015 at 5:10 PM, Bernard Kioko via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Its not far fetched. Its been done elsewhere and we believe its right.
Its not as complicated as it sounds. These sites are not being blocked from geeks with hacking skills, they are being blocked from consumers who “prefer to get it free” even when its available legally and at a fee.
BTW, the ISP license actually does require them to ensure that their business does not involve facilitating illegal activies – from what I remember reading.
*From:* kictanet [mailto:kictanet-bounces+bkioko= bernsoft.com@lists.kictanet.or.ke] *On Behalf Of *David Njuki via kictanet *Sent:* Thursday, January 29, 2015 5:04 PM *To:* bkioko@bernsoft.com *Subject:* Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally
Bernard,
I think targeting ISPs is a bit far fetched. They are service oriented as opposed to content, which in this case is the contention.
Technically it might also be a headache to task them to implement this locally, for example, maintaining a list on sites/IPs which serve copyrighted vs uncopirighted material.
Regards,
@njukey
On 29 January 2015 at 17:50, Dennis Kioko via kictanet < kictanet@lists.kictanet.or.ke> wrote:
In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country."
Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US.
People who can afford content will mostly pay, if it's convenient and not via loops.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/njukey%40gmail.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.
--
Regards, @njukey
* ------------------------------ *
This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below.
Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
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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.

There are many platforms legally offering content. On top of my head: 1. Safaricom.com – Downloads 2. Mdundo.com – Downloads 3. Mziki.net – Download and Streaming 4. Waabeh.com – Download and Streaming 5. Tetemesha.com – Downloads 6. Bonyeza 7. PewaHewa.com This list is long. And if consumer can buy content legally – or is the only way, other businesses will invest in creating outlets because there is ROI. The mentality now is why buy this song by artists x when I can get it free here. FYI – The mobile operators in Kenya are charging data revenue for each song downloaded illegally so someone is earning money somewhere – just not the artist. Regard From: Brian Ngure [mailto:brian.ngure@gmail.com] Sent: Thursday, January 29, 2015 5:15 PM To: Bernard Kioko; KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally So assuming that you succeed. What measures have you put in place to ensure that consumers who still want these "services" can access them legally? Or were you planning on leaving an empty void? On Thu, Jan 29, 2015 at 5:10 PM, Bernard Kioko via kictanet <kictanet@lists.kictanet.or.ke> wrote: Its not far fetched. Its been done elsewhere and we believe its right. Its not as complicated as it sounds. These sites are not being blocked from geeks with hacking skills, they are being blocked from consumers who “prefer to get it free” even when its available legally and at a fee. BTW, the ISP license actually does require them to ensure that their business does not involve facilitating illegal activies – from what I remember reading. From: kictanet [mailto:kictanet-bounces+bkioko <mailto:kictanet-bounces%2Bbkioko> =bernsoft.com@lists.kictanet.or.ke] On Behalf Of David Njuki via kictanet Sent: Thursday, January 29, 2015 5:04 PM To: bkioko@bernsoft.com Subject: Re: [kictanet] Music Copyright Owners sue ISPs for allowing Kenyans to download content illegally Bernard, I think targeting ISPs is a bit far fetched. They are service oriented as opposed to content, which in this case is the contention. Technically it might also be a headache to task them to implement this locally, for example, maintaining a list on sites/IPs which serve copyrighted vs uncopirighted material. Regards, @njukey On 29 January 2015 at 17:50, Dennis Kioko via kictanet <kictanet@lists.kictanet.or.ke> wrote: In fact, copyright owners are to blame themselves for piracy, you guys are familiar with, "This content is not available in your country." Netflix charges people for licensed content yet copyright holders are pushing Netflix to restrict content in countries outside the US. People who can afford content will mostly pay, if it's convenient and not via loops. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/njukey%40gmail.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. -- Regards, @njukey _____ <http://bernsoft.com/img/logo.jpg> This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/brian.ngure%40gmail.co... 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. -- * ------------------------------ * This e-mail and any attachments may contain information that is confidential, legally privileged and protected by law and is intended for the sole use of the named recipient(s). Any unauthorized review, use, or disclosure or distribution is prohibited. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting on any information contained in this email is hereby excluded. If you are not the intended recipient, please delete the contents and notify the sender immediately; do not disclose the contents to any other person, use it for any purpose or store or copy the information in any medium. Whilst our e-mails are checked for viruses, we cannot guarantee that this message or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and the Company does not accept liability in respect of viruses, malicious code or any related problems that you might experience. For further information about us, please contact us at the address indicated below. Bernsoft Interactive Limited - P O Box 15177-00100 Nairobi - Tel: +254 722 929192 Email: admin@bernsoft.com Web: www.bernsoft.com
participants (5)
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Bernard Kioko
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Brian Ngure
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David Njuki
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Dennis Kioko
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Mark Kipyegon