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@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.

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