Yu Mobile, Onfon Media entangled in Sh100m software row

Telecommunications firm Yu Mobile, which was bought out by Safaricom and Airtel last year, is entangled in a Sh100 million software programme ownership dispute between two firms.

Nairobi-based Onfon Media claims that Yu cancelled a contract it had been awarded to supply a ring back tone that entertains yuMobile callers by explaining the meaning of their names, which has cost it over Sh100 million.

Onfon has accused Dubai’s Imimobile of colluding with Vasonomics Kenya to plagiarise its programme and rob it of the lucrative contract with yuMobile. It says Yu ditched it for Imimobile’s plagiarised software.

“The situation is so bad that as a direct breach of Onfon’s copyright by Imimobile and Vasonomics, the content which was being offered on the Yu Mobile platform have now been pulled down and replaced with the copied and plagiarised work of the defendants,” Onfon says in court papers.

yuMobile subscribers were absorbed by Airtel Kenya following the joint purchase of the company. The ring back tone service was availed to subscribers at a fee, from which Onfon and Yu would get revenue.

Airtel platform

The yuMobile subscribers who had enrolled for the service were transferred to the Airtel network on the pre-existing terms.

Onfon wants the court to compel Imimobile and Vasonomics to deposit Sh100 million to the court as security in the event that it wins its claim.

The firm adds that Imimobile and Vasonomics have reaped benefits from the product without having done any work on its development.

The firm holds that it attained copyrights for the ring back tone in April last year, hence Imimobile and Vasonomics have violated their intellectual property rights in plagiarising the product and offering it to the same telecommunications firm.

Imimobile and Vasonomics are yet to respond to the suit, but Justice Francis Gikonyo ordered them to file defense statements to the suit before April 29 when he will give further directions on how to proceed with the case.

The judge, however, ordered Imimobile to stop using the product until the matter is determined.

READ: Bonga points firm Onfon in names service deal

Onfon told the judge that failure to stop the Dubai firm from using the ring back tone would lead to continuous loss that it would not be able to be compensated for.

“I grant a temporary injunction against Imimobile to restrain any infringement of the copyright by them. Vasonomics is given 14 days to file a replying affidavit. The matter will be mentioned on April 29 for further direction,” he said.

Onfon lawyer Titus Koceyo says Vasonomics copied its work, then downloaded it to Imimobile’s platform. The Dubai-based firm then offered it to Yu.

“Towards the end of December 2014 Onfon realised that its content on Yu Mobile was pulled off, only to find out in January 2015 that the same was occasioned by Imimobile and Vasonomics who colluded to pirate Onfon’s intellectual property and offer the same to the same service providers,” said Mr Koceyo.

He added that demands to Imimobile and Vasonomics to pull down the content have gone unanswered, and now wants the two firms to compensate his client for the losses suffered since the contract cancellation.

Onfon also wants Imimobile and Vasonomics to cater for the sums it will spend in prosecuting the case, and compensation for general damages caused by the infringement.