Internet Service Providers (ISP) in Kenya have been accused of failing on their mandate to comply with the revocation notice of websites infringing on copyrighted materials.
In a High Court ruling Thursday, Justice Wilfrida Okwany said ISPs have allowed people’s intellectual property to be taken advantage of, directing for the blockage of the sites, a landmark ruling that will allow content creators to earn from their own original materials.
“A person whose rights have been infringed by content to which access is being offered by an Internet Service Provider (ISP) may request by way of a takedown notice that the ISP removes the infringing content,” the Copyright Act stipulates.
Below is a list of websites that are set to be blocked;
8. soccer-live stream
10. vipbox live
19. HD streams
20. Cdn livetvcdn
34. Barcelona stream
35. sport stream
38. Sport365 live
39. Kora-online TV
40. Stream woop
A number of the shortlisted sites have a tendency of emerging on mobile phone screens during live soccer matches on social media that entice a gadget holder to watch and play games for free.
As it stands, the Copyright Act in Kenya protects “creations of the mind”.
Such creations include literary works (books, journals, or any other writing); artistic works (sculpture, photography, and the like); music and music performances and broadcasts.
The purpose of this law is to protect the creators of “copyrightable” materials so that they can earn income from their work. To this end, the law protects rights holders for various periods.
Anyone attempting to acquire, transmit or re-broadcast protected material is said to be infringing such works. The law provides for various sanctions.
This also applies to internet service providers who are allowed to transmit or temporarily store the protected material – such as live sports broadcasts. They are prevented from modifying or in any way tampering with it. Their role is limited to transmitting from one point to another, or temporarily storing it.