MultiChoice sues Safaricom, Jamii
Pay-TV service provider MultiChoice is suing Safaricom and Jamii Telecom over copyright infringement.
The landmark case will put to the test the effectiveness of the newly enacted Copyright Act 2019 in addressing such disputes.
In the suit filed earlier this month, MultiChoice wants the court to compel the two firms to block access to websites streaming matches pirated from its SuperSport channels.
“Section 35B of the Copyright Act obligates an Internet service provider to take down any infringing content within 48 hours of being served with a takedown notice,” says MultiChoice in court papers.
MultiChoice further accuses Safaricom and Jamii Telecom of ignoring a takedown notice dated October 29.
“The rebroadcasting, retransmitting or replicating the exclusive content of the applicant without their authorisation is a breach of their rights, is unlawful and causes irreparable economic loss to the applicant, not to mention other losses and evils that piracy perpetrates,” says the firm.
In September, President Uhuru Kenyatta signed the Copyright (Amendment) Act 2019, introducing new clauses that placed liability for copyright infringement on Internet service providers (ISPs).
“A person whose rights have been infringed by content to which access is being offered by an Internet service provider may request, by way of a takedown notice, that the ISP removes the infringing content,” says Section 35B of the Act in part.
The ISP is then expected to provide the person responsible for uploading the copyright-infringing content with a copy of the takedown notice and disable access to the same within 48 hours, unless a counter notice objecting to the takedown is filed.
The new amendments have given regulators wider legal mandate in administrating legislation on copyright and intellectual property.
Earlier this month, the Copyright Board of Kenya and Communications Authority of Kenya issued a joint notice, giving broadcasters and ISPs until the end of this month to comply with the new law.
MultiChoice further accuses Safaricom and the ISP of seeking to challenge the constitutionality of sections 35B, 35C and 35D in a bid to scuttle enforcement of the new law.
They are slowly moving towards streaming via their Showmax platform. I have received several SMSs informing on the selected EPL matches to be streamed live this weekend.
They tried to use KECOBO to intimidate people,it didnt work.The only way out is to align with the market trends.
Multichoice just like any normal company is in for the profit… anything which will be reducing their profits will be fought
They cant kill the internet hapo ndio shida iko
Multichoice are fighting a losing battle
dont worry streaming will always be there as long as there is internet
There was a time Multichoice thought that were gods, the same way that Telkom was with land lines, and the way KPLC still is with postpaid billing… Meter reader thieves have been rendered jobless… Change is unstoppable… The same was late teens and early 20s girls think they are Gods gift to mankind with their pussies
U.K banned pirate streaming sites and limited their home PAY-TV to broadcast few games (Sky Sports and BT Sports) so that people can pay tickets to watch games, This made it even worse as more people started using VPN to stream games from pirate sites. Blocking websites is the dumbest idea to stop people from streaming games. leave alone using vpn, pirate streaming site use multiple domains and proxy websites are countless.