N° 27
September 1, 2003

Trial against piracy
A hell of justice

Mali K7 and some artists (Ali Farka Touré, Amy Koïta, Issa Bagayogo, Rokia Traoré, Habib Koïté, Mamou Sidibé...) have just their trial on appeal against Ousmane Daou called Gourro, a tape importer. The verdict was postponed last Monday after several postponements for more or less convincing motives. The terms of the judgement are less convincing.
The court states the public action extinct by the customs transaction of the charge of the infraction of non-authorised importation. So quash the judgement undertaken in these dispositions. Stating again relax the defendant of the end of the prosecution. Starting the nonexistent of the prosecutions for imitations and piracy. Send back the parties to better appeal of this charge. Put the expenses to the Treasure”, we can read on judgement.

Yet the public prosecutor had brought irrefutable proofs that the importer is guilty. Is the customs transaction enough by it self only to extinct the “non-authorised importation”? The reparation is made to the profit of the treasure instead of to the artists who are the victims of this fraud that benefit of impunity. Although the court denial, there was complaint against imitation because the intention of Mali K7 and the artist was to struggle against piracy and not no authorised importation which is already the struggle of economical services and security forces.

The verdict of the court is really surprising on this affair yet very clear because the facts (imitations and fraudulent importation) have been proven. “I’m surely dreaming… where justice in all that is?” wonders M. Philippe Berthier, the general director of Mali K7 SA.

The affair will not end like that. “We’ll go to the cassation court” adds M. Berthier. It’s important to quote that in this trial on appeal, the civil prosecutor beneficiated of the support of the ministry of culture which is now engaged with the artist to fight piracy and ameliorate the artists’ lives. Apart from the artist and the structures of production and distribution, the consequences of piracy reach more people that one can think. At the time being, Mali K7 having serious financial problems has been obliged to lay off a big part of its workers. The victims of the measure that had been very hard to take for the direction are all responsible of families. Image the dramatic consequences of the unemployment of a family chief!

This verdict gives right to Amkoullel (Issiaka Bâ), a young rapper who thinks that “to struggle against piracy, the population should be made sensible of the fact because its attitude is very important in the fight success. If the populations understand how badly the purchase of piracy work is for their idols, the piracy will stop by herself for lack of client”.
In all case, the verdict of the court shows that artists can not rely on the justice to obtain reparation of the prejudices caused by piracy.

Moussa Bolly

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