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{
    "id": 768850,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/768850/?format=api",
    "text_counter": 116,
    "type": "speech",
    "speaker_name": "Hon. Kisang",
    "speaker_title": "",
    "speaker": {
        "id": 2263,
        "legal_name": "William Kipkemoi Kisang",
        "slug": "william-kipkemoi-kisang"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. I rise to support this Copyright (Amendment) Bill 2017. It is a long time since this Act was passed in 2001 and 16 years down the line, many things have happened especially in the ICT industry. Many innovations and works have changed along the way. In 2010, we passed a new Constitution and we are amending the Act to align it with the new Constitution. I specifically want to look at Section 11 which talks about computer programmes. Along the way, several systems have been written off over time. There are two major types. We have computer software that come with SOS code and there are those which come without the SOS code. So, we should introduce an amendment, so that we allow institutions or individuals to copy the programmes that have SOS code across institutions or maybe, have the offside backup for themselves as they use the system. The system will also allow them to make changes. Computer systems are very dynamic. Since they are dynamic, you cannot stop those who have legally bought the software from making changes. So, the amendment on Clause 26A is very important. There are those that come without SOS code and those ones are copyrighted and you cannot make any change. You are only allowed to use the way the person wrote the system. Secondly, as Kenyans, we are basically second after South Africa when it comes to innovations. In some programmes, we are ahead like the money systems, especially M-pesa. The young man who invented M-pesa basically should now be among the richest persons in the world. However, because it was taken over by a corporate company, the young individual is just surviving and living outside there. There was also a very good innovation. There is a young man who came up with a system to do mapping in the nation. Basically, they wanted to assist the Kenya Revenue Authority (KRA) to locate all houses within the country and track those who are not paying their taxes, but along the way, there were issues. That particular individual would now be very rich and contributing to the revenue. But because of piracy, this is not possible. The KRA is losing a lot of revenue. If we pirate software and music, it means the country is not getting its due revenue because these individuals are selling in the black market instead of going through the right channel so that the country can collect VAT and Income Tax revenue. So, at the Committee of the whole House stage, we will introduce the many changes, especially on the wordings and also enhance the Bill so that our brothers in the music industry may enjoy. In the last Parliament, we met the Music Copyright Society and other groups of artists and they are really living in abject poverty. Those who are enjoying the benefit of their innovations are the pirates. We need to bring this to an end. Finally, I want to talk about the qualification of the Director- General of this institution. As a CEO or a leader, you do not need to be a lawyer. If you need legal knowledge, below the Director-General, you can have particular heads of department with skills that are required like The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}