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Re: [Kictanet] Possible Software Raid!!
by Wainaina Mungai 02 Jun '06

02 Jun '06

Hi Bill, I do not know if they can rightfully raid premises, but I actually see the BSA move as a positive step in promoting Free and Open Source software solutions. As Dorcas says, the IP owners can legally seek to enforce their rights and since their business model is not sustainable in this market, we simply need to make consumers aware of the alternative solutions. By enforcing their IP rights, BSA members are doing the leg-work for you and creating a ripe opensource market ;-) Rgds, --- Wainaina Mungai http://www.madeinkenya.org SUSTAINABLE DEVELOPMENT is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. > -------Original Message------- > From: Dorcas Muthoni <dmuthoni(a)kenet.or.ke> > Subject: Re: [Kictanet] Possible Software Raid!! > Sent: 02 Jun '06 11:07 > > Hi Bill, > > Well, BSA (http://www.bsa.org/) is a powerful organisation that has been > around and active for a longtime. However, may be their operations have > not been active in Kenya but i think time has come. > > It is perfectly okey for owners of IP licenced under a proprietary > license to appoint "policemen/investigators" to find out who is > infringing on their rights. I overhead last year that the master > software supplier was training our utumishi kwa wote friends on this area. > > But like you and me know, there are alternatives of accessing software > which should be encouraged. > > Free and Open Source Software is the way to go. > > Thanks, > Muthoni > > Bill Kagai wrote: > > > Reference is made to the notices placed in the local dailies on > > June1st 2006 by the Business Software Alliance (BSA) through Iseme, > > Kamau and Maema Advocates. > > > > The Business Software Alliance has taken the liberty to take an > > inventory (in all Kenyan Companies/Organisations) of all the software > > currently installed in the organisations. They further put a caveat > > indicating that failure to comply with the notice can lead to an > > investigation and possible legal action against companies using > > unlicensed or pirated software. > > > > Our company (Circuits & Packets Comunications Ltd) and possibly other > > local companies ARE NOT members of BSA though we have installed > > software in various companies and organisations in Kenya. We also make > > use of Open Source / Linux software that does not require licensing > > and neither is it pirated. > > > > We therefore wish to find out from the ICT fraternity whether: > > > > 1. This advertisement and the threat of failure to comply is legal. > > 2. If software belonging to the companies that are not members of BSA > > should be included in the inventory. > > 3. If BSA whose office contact is given as Iseme, Kamau and Maema > > Advocates has the legal and moral authority to raid companies with a > > lead time of two weeks before the notice expires. > > 4. If Kictanet and other organisations protecting consumer issues can > > directly intervene in this regard before it is too late. > > > > _______________________________________________ > kictanet mailing list > kictanet(a)kictanet.or.ke > http://kictanet.or.ke/mailman/listinfo/kictanet > > Please unsubscribe or change your options at http://kictanet.or.ke/mailman/options/kictanet/wainaina%40madeinkenya.org

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Fw: [Afr-ictpol-adv] Victory! FastLane wins right to compete against Jambonet
by alice＠apc.org 02 Jun '06

02 Jun '06

> Dear all, > > The ISP industry in Kenya is in elation at the successful appeal against > CCK's decision not to grant FastLane a license to compete against Telkom > Kenya's Jambonet. > > In a landmark ruling which will probably shape the future of Kenya and the > wider region's communications industries, the Communications Appeals > Tribunal directed that FastLane be issued the license immediately. > > The most important aspect of the ruling was not the granting of the > license > - but rather the fact that the Tribunal stated clearly that CCK as a > Commission was to ignore any policy guidelines of a specific nature coming > from the Ministry as the Act was clear that CCK was to give "due regard to > policy guidelines of a general nature". > > This means that CCK's independence as a regulator has been re-emphasised > and > underlined. > > Here is the story from the East African Standard. > > We will be posting the ruling in it's entirety on the FastLane website in > the course of the day. > > Regards, > > Brian longwe > ISPKenya/FastLane > > > > ------------------------------------------ > (From East African Standard) > Jambonet rival wins appeal > By Athman Amran > > Communications Appeals Tribunal yesterday struck down a decision by the > Communications Commission of Kenya to deny a second independent Internet > service provider (ISP) an operating license. > > Tribunal chairman Justice (Rtd) Majid Cockar consequently ruled that Fast > Lane Limited be granted a licence to compete with Telkom Kenya's Jumbonet. > > Cockar made the ruling public at Telcom House, Nairobi in the company of > two > members of the tribunal Dr. Meoli Kashorda and Jotham Amisi. Fast Lane, > which is a conglomerate of seven ISPs, appealed to the tribunal after CCK > denied it a licence claiming that Internet Backbone Service provision was > subject to an exclusivity clause granted to TelKom Kenya .The company > first > applied for a licence to operate an Internet backbone service on December > 12, 2002. > > On February 11, 2003 ,Fast Lane submitted its business plan and technical > description to enable CCK to process the application. But on March 4, 2004 > CCK wrote to the firm communicating its decision to reject the > application. > > In its appeal Fast Lane, through lawyer Daniel McVicker, argued that the > decision of CCK to grant an exclusive license to TelKom Kenya for the > provision of Internet backbone services was without legal foundation and > in > breach of the Telecommunications Act. The appellant argued that there was > no > express provision in the Act for the granting of an exclusive licence to > Telkom.The lawyer also argued that the said policy was an adoption of the > statement of policy guidelines issued by the Minister for Transport and > Communication. > > The commission on its part argued that granting of monopoly was not > prohibited by any provision of the Act. > > In his judgment Cockar said the proper course for the CCK would have been > to > consider the exclusivity clause inserted in the approved market structure > as > ultra vires to the Act and proceeded to use its discretion within the > parameters of the policy guidelines. "There are other legal ways of > keeping > national interest in the fore-front without in the process breaching the > mandatory provisions of the Act," Cockar said. > > > > > -- > Brian Longwe > CellFon: +254 733 518744 > "Difficult to see. Always in motion is the future." Yoda > >

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FW: [swopnet] East Africa-Research Methodology & Proposal Writing Workshop - Closing Date: 11 June 2006
by Harry Harry 02 Jun '06

02 Jun '06

FYI -----Original Message----- From: Andrew C. Kajeguka [mailto:akajeguka@nimr.or.tz] Sent: Thursday, June 01, 2006 4:01 PM To: Sharing With Other People Network Subject: [swopnet] East Africa-Research Methodology & Proposal Writing Workshop - Closing Date: 11 June 2006 Dear colleagues, This is to inform you that National Institute for Medical Research (NIMR) through the project called Malaria Research Coordination and Promotion through MIM (MALCOPROMIM) is organizing its 2nd scientific workshop on Research Methodology/Proposal writing to be held on 19-30 June 2006 in Dar-es-salaam, Tanzania. The workshop aims at bringing together young talented East African scientists working in HIV/AIDS or malaria fields to undergo intensive 12 days workshop. The workshop will use hands on methods to enable each selected participant to use Health Information Systems skills to develop fundable proposal on important Malaria or HIV/AIDS research topic. Full sponsorship will be provided to selected but limited number of participants. We recommend applications should be sent by Email to malcopromim(a)nimr.or.tz Please refer to NIMR website: www.nimr.or.tz for more details about the workshop and how to send the application. All applications must be received by June 11th 2006 Please circualte this email to East African young scientists working in Malaria or HIV/AIDS fields. For Secretariat, MALCOPROMIM Project, National Institute for Medical Research (NIMR) P.O. Box 9653, Dar es Salaam, Tanzania Tel: +255 22 2121400 Fax: +255 22 2121360 Email: malcopromim(a)nimr.or.tz -- No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.7.3/350 - Release Date: 5/28/2006 -- No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.394 / Virus Database: 268.7.3/350 - Release Date: 5/28/2006

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Possible Software Raid!!
by Bill Kagai 02 Jun '06

02 Jun '06

Reference is made to the notices placed in the local dailies on June1st 2006 by the Business Software Alliance (BSA) through Iseme, Kamau and Maema Advocates. The Business Software Alliance has taken the liberty to take an inventory (in all Kenyan Companies/Organisations) of all the software currently installed in the organisations. They further put a caveat indicating that failure to comply with the notice can lead to an investigation and possible legal action against companies using unlicensed or pirated software. Our company (Circuits & Packets Comunications Ltd) and possibly other local companies ARE NOT members of BSA though we have installed software in various companies and organisations in Kenya. We also make use of Open Source / Linux software that does not require licensing and neither is it pirated. We therefore wish to find out from the ICT fraternity whether: 1. This advertisement and the threat of failure to comply is legal. 2. If software belonging to the companies that are not members of BSA should be included in the inventory. 3. If BSA whose office contact is given as Iseme, Kamau and Maema Advocates has the legal and moral authority to raid companies with a lead time of two weeks before the notice expires. 4. If Kictanet and other organisations protecting consumer issues can directly intervene in this regard before it is too late. -- -- With Kind Regards, Bildad Kagai MD - Circuits & Packets Communications Ltd Content & Training Partner - JKUAT E-Government Academy Suite B2, Tetu Apartments, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 2728332 Fax. 254 20 2726965 Cell. 254 722 379409 URL. www.circuitspackets.co.ke URL. egov.jkuat.ac.ke

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About the Business Software Alliance (BSA)
by Bill Kagai 02 Jun '06

02 Jun '06

Source: http://en.wikipedia.org/wiki/Business_Software_Alliance Overview Robert Holleyman is its current president and CEO, the BSA employs a team of over 100 lawyers and investigators, which it uses to prosecute "thousands of cases a year" in conjunction with local law enforcement. The majority of these cases are reported to BSA either through one of its 65 piracy telephone hotlines, or through online report forms. After receiving a tip, BSA then sends the companies a note with an implicit threat of a forthcoming software licensing audit. If the BSA finds cases of software piracy, it assesses heavy monetary penalties. Some companies have switched to free software after having to pay such large fines (see [1], paragraph 7). BSA has not been reported to support Free Software Foundation or other free software groups in their actions of copyright enforcement. They do support software patents. [edit] Critique BSA has been heavily criticised for its aggressive tactics in forcing small businesses to allow BSA members onto their premises for audits, and for its presumption of guilt until an audit proves one innocent. It is also worthy of note that BSA is an organization founded in the USA, and is currently without official status in most European countries. They're also well known for lobbying for ENISA, the European Network and Information Security Agency, a suggested network security establishment that would operate within EU. See [2] and [3]. According to a Mother Jones (magazine) article[4], the BSA discovered in 1995 that Antel, the Uruguayan national telephone company, had pirated $100,000 worth of Microsoft, Novell, and Symantec software. The BSA's lawyers in Uruguay quickly filed suit, but dropped the suit in 1997 when Antel signed a "special agreement" with Microsoft to replace all of its software with Microsoft products. This has led to accusations that the BSA is a front for Microsoft, with its other members being enlisted purely to disguise Microsoft's dominant role. -- -- With Kind Regards, Bildad Kagai MD - Circuits & Packets Communications Ltd Content & Training Partner - JKUAT E-Government Academy Suite B2, Tetu Apartments, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 2728332 Fax. 254 20 2726965 Cell. 254 722 379409 URL. www.circuitspackets.co.ke URL. egov.jkuat.ac.ke

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new subscription
by Andrew Limo 02 Jun '06

02 Jun '06

Kindly bring Judith Sembelle of IT department Agricultural Development Corporation on the discussion forum. sembelle(a)yahoo.co.uk --------------------------------- Be a chatter box. Enjoy free PC-to-PC calls with Yahoo! Messenger with Voice.

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Job opening at APC: Strategic Uses and Capacity Building Programme Manager
by alice＠apc.org 31 May '06

31 May '06

APC is seeking a manager for our Strategic Use and Capacity Building Programme (SU&CB) and its projects. The SU&CB manager will have excellent people and project management skills, experience of working in networks, managing relationships and partnerships and a sophisticated understanding of the concept of strategic use of technology as it applies to development and social justice. - APC http://www.apc.org/english/news/index.shtml?x=5038227

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Fw: Who's a journalist? Now we know, thanks to Apple > (A US perspective)
by alice＠apc.org 31 May '06

31 May '06

Who's a journalist? Now we know, thanks to Apple > by Charles Cooper , Executive editor, CNET News.com | Published: > 5/26/06 > > CNET News.com's Charles Cooper says the court decision officially levels > the > field between mainstream media and bloggers. > > =========== > > The emergence of technology that allowed personal publishing on the > Internet > also triggered a tiring debate over who should be considered a journalist. > Thanks to Apple Computer, there's finally a clear legal answer. > > And it's the right answer. If you can post information on a Web site, > you're > entitled to the same legal protections the law extends to the mainstream > media. > > Legal scholars will surely have a lot more to say about the California > Appeals > Court ruling (click here for PDF) rejecting Apple's bid to force an > enthusiast > Web site to turn over its records. But the most important precedent for me > was > the court's treatment of the "who is a journalist question." > > Apple had sought to identify the source of a leak on an unannounced > product. > More than any other outfit in Silicon Valley, this company is run by > control > freaks prone to throwing tantrums when reporters land scoops. But when the > information wound up published on a couple of Apple enthusiast sites, > management > ordered up the heavy artillery. > Journalists--including everyone from the ink-stained wretches to the > bloggers--can rest just a bit easier today. > > Apple lawyers contended that posting information on the Web should not > automatically confer the vaunted title of journalist since these folks > "are not > members of any professional community governed by ethical and professional > standards" (like those of Jayson Blair, Janet Cook, Stephen Glass and Jack > Kelley, I wonder? But let's not digress). > > It was a legal Hail Mary, and it very nearly worked. In his ruling last > March, > Santa Clara County Superior Court Judge James P. Kleinberg danced around > the > question of whether Web site publishers should be afforded protection > under the > state's shield law. He also said that Apple's interests in protecting its > trade > secrets outweighed the public interest in the information under > consideration. > Had it held up, that screwball view of the world would have been a blow to > aggressive reporting. > > Apple claimed the public has no right to know a company's trade secrets. > But the > appellate court said any claim of legal protection for commercial secrets > was > trumped by the greater good served by the free and open disclosure of > ideas and > information. > > "As recent history illustrates, business entities may adopt secret > practices > that threaten not only their own survival and the investments of their > shareholders but the welfare of a whole industry, sector or community. > Labeling > such matters 'confidential' and 'proprietary' cannot drain them of > compelling > public interest," the court said. > > Best of all, the appellate court dispatched Apple's "dismissive" (the > court's > description, not mine) characterization of the tech industry gossip sites > in > question with a flick of its judicial wrist. Further, it determined that > there > was no reason to distinguish between these folks and the sundry > "reporters, > editors and publishers who provide news to the public through traditional > print > and broadcast media." > > Future courts reading this decision may be more careful before declaring > what > information is worthy of publication and what information is not. Whether > this > puts a final coda on this affair is anyone's guess. The company has bigger > fish > to fry, but corporate paranoia is a tough trait to break. Even if Apple's > lawyers do give it another try, however, journalists--including everyone > from > the ink-stained wretches to the bloggers--can rest just a bit easier > today. > > Sometimes the courts don't get it right. Today they did. > > > > ======================================= > APC Forum is a meeting place for the APC community - people and > institutions who are or have been involved in collaboration with > APC, and share the APC vision - a world in which all people have easy, > equal and affordable access to the creative potential of information and > communication technologies (ICTs) to improve their lives and create more > democratic and egalitarian societies. > > _______________________________________________ > apc.forum mailing list > apc.forum(a)lists.apc.org > http://lists.apc.org/mailman/listinfo/apc.forum

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Autoreply: [Kictanet] Fw: [Afr-ictpol-adv] Victory! FastLane wins right to compete against Jambonet
by VNgugi＠idrc.or.ke 30 May '06

30 May '06

Hi, I shall be away from the office from 29th May to 2nd June 2006. I shall attend to your messages when I return. Vivianne

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Fw: [Catia_team] FW: Consumer report
by alice＠apc.org 25 May '06

25 May '06

FYI ----- Original Message ----- From: "Claire Sibthorpe" <claire(a)catia.ws> To: "Lists: Catia_team" <Catia_team(a)catia.ws> Sent: Thursday, May 25, 2006 7:30 PM Subject: [Catia_team] FW: Consumer report >A report from Balancing Act (funded by IDRC) on consumer activity in the > Internet and telecoms sector which may be of interest: > > http://www.afridigital.net/downloads/IDRCconsumerdftV2.doc > > Claire > > > > _______________________________________________ > Catia_team mailing list > Catia_team(a)catia.ws > http://catia.eyecon.co.za/mailman/listinfo/catia_team

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