I think this sums it up pretty well. Badru *can* do this, because he is not fined. Even if his offering is illegal, there is no way that this actively punished.
What is good about the fact that he is offering is, is that we are now all discussing this, that we can all see that local (streaming) hosting can work, that some radio-stations might get interested in this service and cut a (profit sharing) deal with Badru, etc. But once the Ugandan copyright association (or whatever it will be called here, and dont fool yourself, the legislation is there, i read it), yes, there will be no way around either paying or closing down. Does that suit both of you, as a summary? -- rgds, Reinier Battenberg Director Mountbatten Ltd. +256 758 801 749 www.mountbatten.net On Monday 09 August 2010 20:36:38 Gabriel Olowo wrote: > Badru, > > I think if you came to Kenya the Kenya Music Copy Right Association can > fine you heavily for that. Even Taxis, Bars and hotels have to pay to > play local artists music. > > [email protected] wrote: > > Tim > > > > If you look back I actually pointed to the Google example. Where they do > > not charge for the majority of their offering but have become the most > > valuable brand. > > > > So I might not charge directly for Yradio but some anxilary service with > > a very loose link to yradio might create a commercial opportunity. > > > > > > > > Sent from my BlackBerry® smartphone from Zain Uganda > > > > -----Original Message----- > > From: Tim Schofield <[email protected]> > > Date: Mon, 9 Aug 2010 19:51:37 > > To: Linux Users Group Uganda<[email protected]> > > Reply-To: Linux Users Group Uganda <[email protected]> > > Subject: Re: [LUG] Experiment on Content (Yesterday's radio) > > > > Well Badru did say earlier in this thread that he intends to earn > > money by this site, so I am unsure on which side you are arguing Mike. > > Should he pay some of the money he earns over to the artists or not? > > > > On 09/08/2010, Mike Barnard <[email protected]> wrote: > >> wow... its getting hot in here.... Tim I think we miss what Badru > >> started by posting that link. He clearly and has clearly continued to > >> say, " lets grow this. lets tackle all those grey areas as we grow > >> this". > >> > >> I pasted a section of our newest IPR and Copyright laws, which you all > >> seem to have ignored. There is no copyright that protects a broadcast. > >> In our current law, taking from what Patrick Okui said, you may go > >> ahead and rebrand a Sanyu FM broadcast and as per our law (i stand to > >> be corrected) you are not infringing on any ones rights. > >> > >> Granted that all artists have a right to their material and to have it > >> protected under the law, and this is catered for in the law. I had > >> earlier said that if Badru was re-broadcasting these earlier broadcasts > >> with the intention of making money, then the artists whose songs are > >> aired in Badru's re-broadcast have a right to sue Badru. If you are > >> simply broadcasting with no intention of earning anything from it, look > >> at the law, it does not cater for that. > >> > >> Tim, you seem bent on this copyright issue and rightfully so, but apply > >> it according to the laws of Uganda, not a law that we do not have in > >> the land. The reason there was an amendment to the old 1960's IPR and > >> Copyright law was to cater for the emerging markets. This is what Badru > >> keeps on mentioning that we need to grow as YRadio continues to > >> develop. I don't understand and see why you are opposing that. We need > >> to grow, YRadio, in this heated debate has brought out areas that need > >> to be ironed out as far as our laws are concerned. Stifling ideas > >> because of looking at one countries laws over another will not help us > >> grow. Allow us to experience this and make the necessary laws to > >> protect our rights. You have learnt, let us learn. Allow us the > >> privilege of understanding what something is other than enforcing > >> something someone else has understood from its inception. > >> > >> Badru, charge on. > >> > >> > >> > >> On Mon, Aug 9, 2010 at 3:19 PM, Wire James <[email protected]> > >> > >> wrote: > >>> Tim > >>> > >>> > >>> Get off your high horse. While many of us may be concerned about the > >> > >> rights of copyright holders, the situation not only in Uganda but many > >> other African Countries outside South Africa is similar. Many times > >> members on this list who are in business can vouch for this, people > >> have come up with proposals, ideas, innovations e.t.c and they are > >> 'stolen' from them unashamedly and in most instances by corporates that > >> originate from the so called purist countries you are trying to talk > >> about. I recall a very famous case of one Lugger whose company tussled > >> it out with a giant over infringement of copyright on some software. > >> This big company thought it would frustrate the guy through the court > >> process but luckily enough, he was able to push on till the big > >> elephant sought an out of court settlement. However, how many people > >> have been lucky enough to achieve such justice here in Uganda? Few, > >> very few. That is why you find the laissez faire attitude among the > >> list members because we have more pressing problems and needs than > >> pretending that copyright will change our lives. Many times we submit > >> proposals for jobs and they are 'copy n pasted' by competitors who have > >> insiders in the organisations we are approaching. It is a dog eat dog > >> world for now and I will unashamedly tell you that as for now, > >> copyright issues are at the bottom of our list of problems to think > >> about. I would rather see Badru's project go on if its aim has a more > >> positive impact on this nation eventually than guarding worthless songs > >> that have nothing to copyright about. Many of these musicians would not > >> even earn a dime if copyright was to be observed to the letter in this > >> country. I remember 4 years ago a musician I helped to get paid US$ > >> 1500 for a 3 hour show all because I came across his music on a website > >> that he even didnt know about. Like someone said, it is a skewed > >> market. Just understand it the way it is. > >> > >>> Wire > >>> > >>> > >>> > >>> > >>> > >>> On Mon, 2010-08-09 at 14:26 +0300, Tim Schofield wrote: > >>> > >>> On 09/08/2010, Joseph Abdi <[email protected]> wrote: > >>>> Tim, > >>>> > >>>> It's because 90% of the list members have not faced copy-right issues > >>>> .. Also, since almost 90% of our website materials in Uganda don't > >>>> use original materials one does not > >>>> yet see the need or importance of copy-right ... > >>>> > >>>> And again, remember this is a LUG list (Open-Source) where FREE, COPY, > >>>> RE-USE > >>>> is Legal ...with the OS mentality and mind-set, you can hardly have > >> > >> support > >> > >>>> or understanding of it here .. > >>> > >>> No no no no. Open source is only about free re-use if you keep within > >>> the narrow confines of the license that the software is issued under, > >>> for example the GPL. It in no way condones the abuse of copyright. > >>> Copyright is at the very heart of the GPL. Anyone on this list who is > >>> using a kernel more recent than 2.6.13 is using some of my copyrighted > >>> code which I allow them to do providing they stick to the letter of > >>> the license that the code is released under (GPL v2.0). > >>> > >>> Every open source developer, and those who benefit from the use of > >>> open source should be active in the protection of the rights of > >>> copyright holders. I have spoken at LUG meetings around the world, and > >>> never before found a group who consider that copyright holders rights > >>> should be abused. > >>> > >>> You clearly believe the rest of the world will throw off its > >>> fluffiness and join Uganda in this. Trust me you will be disappointed. > >>> > >>> > >>> > >>> > >>> _______________________________________________ > >>> LUG mailing list > >>> [email protected] > >>> http://kym.net/mailman/listinfo/lug > >>> > >>> LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ > >>> > >>> All Archives can be found at > >> > >> http://www.mail-archive.com/[email protected]/ > >> > >>> The above comments and data are owned by whoever posted them (including > >> > >> attachments if any). The List's Host is not responsible for them in any > >> way. > >> > >>> --------------------------------------- > >> > >> -- > >> Mike > >> > >> Of course, you might discount this possibility, but remember that one in > >> a million chances happen 99% of the time. > >> ------------------------------------------------------------ > >> > >> _______________________________________________ > >> > >> LUG mailing list > >> [email protected] > >> http://kym.net/mailman/listinfo/lug > >> > >> LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ > >> > >> All Archives can be found at > >> > >> http://www.mail-archive.com/[email protected]/ > >> > >> The above comments and data are owned by whoever posted them (including > >> > >> attachments if any). The List's Host is not responsible for them in any > >> way. > >> > >> --------------------------------------- > > > > ------------------------------------------------------------------------ > > > > _______________________________________________ > > LUG mailing list > > [email protected] > > http://kym.net/mailman/listinfo/lug > > > > LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ > > > > All Archives can be found at http://www.mail-archive.com/[email protected]/ > > > > The above comments and data are owned by whoever posted them (including > > attachments if any). The List's Host is not responsible for them in any > > way. --------------------------------------- > > _______________________________________________ > LUG mailing list > [email protected] > http://kym.net/mailman/listinfo/lug > > LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ > > All Archives can be found at http://www.mail-archive.com/[email protected]/ > > The above comments and data are owned by whoever posted them (including > attachments if any). The List's Host is not responsible for them in any > way. --------------------------------------- _______________________________________________ LUG mailing list [email protected] http://kym.net/mailman/listinfo/lug LUG is generously hosted by INFOCOM http://www.infocom.co.ug/ All Archives can be found at http://www.mail-archive.com/[email protected]/ The above comments and data are owned by whoever posted them (including attachments if any). The List's Host is not responsible for them in any way. ---------------------------------------
