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