As was stated this is an experiment on a number of fronts.

 

The technological fronts are easy to approach and what can be done or not
done with yradio are really based on the limits of the imagination.

 

The legal aspect as seen within the laws of the land are still interesting
since we have been for a number of years asking for proper intellectual
Property rights and copyright laws.   Most if not all discussants are basing
their input on international standards which all will not stand in a uganda
court of law. Others are basing the comments on morals however morality is
subjective and thus very rarely has weight in a court of law unless
supported by some legal statute.

 

On whether I intend to make money from this project again here there is a
very thin line.  I was at an interesting presentation on Friday where the
presenter said something very interesting.  The most successful brand in the
world today which is Google, gives 90% of its content and services for free.
So here again I might want to make money out of this service but might not
charge for it.

 

We need to engage more on this and not limit what we do to whether it fits
into some law or not.  If it offers a service that was not envisaged when
the said law was drafted then lets challenge this and have the relevant
amendments.  

 

Since we started this thread I still think as far as uganda is concerned we
have a void.  Whether what we are doing is morally right or wrong is
subjective lets engage on what is legally right or wrong and lets not start
and stop on Yradio.   Do we have a framework that covers all the
stakeholders.  We all listen to the FM stations playing music from our
favorite local artists.  The question is have they been covered and do the
FM stations respect their IPR and copyright rights.    The fact is no.  

 

So as we move forward and many of us push the envelope on creating local
content we also need to fully participate in the policy process.   

 

regards 

 

From: Mike Barnard [mailto:[email protected]] 
Sent: Sunday, August 08, 2010 10:13 AM
To: Linux Users Group Uganda
Subject: Re: [LUG] Experiment on Content (Yesterday's radio)

 

 

On Fri, Aug 6, 2010 at 9:21 PM, Tim Schofield <[email protected]> wrote:

Sorry to come to this thread late, but it is clearly breaching
copyright. You are seeking to make money by using someone elses work.
This has to be morally wrong as well as legally. The argument that you
are archiving (for archiving read copying) is nonsense. If I "archive"
the Harry Potter books, is it then ok for me to sell them?


hmmm.. Badru, is there intention of you making money out of this archiving
project? I posted an extract from the Copyright and Neighbourig Rights Act
of 2006, Act 19. I'll post an extract from it again.....

7. Public benefit works not protected.
(1) The right to protection of copyrights under this Act shall not extend to
the
following works-
...
...
...
(d) news of the day namely reports of fresh events or current information by
the
media whether published in a written form, broadcast, internet or
communicated to the public by any other means.

You may get Badru on the archiving of someones music in a particular
broadcast, and charging for one listening to it, but as far as Uganda's laws
are concerned, there is no copyright issue with Badru's archiving any radio
stations broadcast. The law is subject to ones interpretation and
application to a given scenario.

Again, Badru, are there intentions on you charging for someone to listen to
Alicia keys as played by Sanyu FM on one Sunday afternoon?

There are some conclusions that people have drawn over the initial post by
you.



I am an open source developer of many years, so copyright is very
important to me. I am surprised anyone involved with open source could
condone this.


hmmmm

 




-- 
Mike

Of course, you might discount this possibility, but remember that one in
a million chances happen 99% of the time.
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