[A2k] Kenyen Copyright board takes piracy war to cyber cafes

Robin Gross robin@ipjustice.org
Tue Nov 27 13:25:12 2007


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**Kenyen Copyright board takes piracy war to cyber cafes

* Written by Okuttah Mark, Business Daily Africa
*November 27, 2007

*Cyber caf=E9 operators within Nairobi are torn between legalising their
Microsoft software operating system, shifting to Open Source Code or
closing shop all together following the crack down on illegal software.

Most cyber cafes in Kenya use Microsoft software. but with no valid
licences. Jet Cyber and Dagit Cyber Caf=E9 in Nairobi are the latest
companies to be raided on the suspicion of copyright infringement.

The raids on the cyber cafes come after the expiry of the October 30th
deadline set by the Kenya Copyright Board.

During the raid, 50 computers containing unlicensed versions of
Microsoft Windows Office 2003 edition were confiscated. Also impounded
were Windows 200 and Microsoft 2003 counterfeit installer CD. The
computers were valued at Sh1.5 million while the cost of Windows Os and
Office are estimated at Sh1.4 million.

Edward Segei, a State counsel seconded to the Copyright body, said the
owners of the raided Internet Cafes will face charges of copyright
infringement.

These latest moves have thrown a number of cyber caf=E9 operators into a
tight spot. While some of the operators have got genuine Office
operating system and Microsoft Windows, others shifted their operation
to the Open source Code system.

Irene Wambui, a unit manager at Wang=92 Point Telecenter attributed use of
pirated software to ignorance. =93We bought the entire business plus the
computers from the previous owner without knowing that the software was
not genuine=94 said Wambui. Wang=92 Point Telecenter recently decided to bu=
y
genuine software.

=93The shift however came at a cost. While the value of our previous
machines were Sh10, 000 we had to spend Sh60, 000 for each of our 17
machines,=94 said Wambui.

Another cyber owner operating along Kimathi street who wished to remain
anonymous until he installed the Open source software, contemplated
between closing the business altogether. =93At first when Microsoft
officers visited us, they convinced us on the importance of operating on
genuine software which we didn=92t object to, but the manner they are
doing it cannot let us sustain our businesses,=94 he said.

His dilemma started when Microsoft sent him a letter stating that they
would want him to legalise his operating system. However , he says that
his business is operating on Windows 2000, but then Microsoft asked them
to upgrade to Windows XP. =93After testing the Windows XP, we found that
it was not suitable for us but they insisted that we must go that way,=94
he claimed.

He welcomed legalising software on Windows 2000, to which Microsoft says
they did not want to license what they don=92t support.

So, he embraced Open Source. =93At first I was hesitant but with what am
experiencing, I wish I had gone Open Source long time ago. It did not
cost me anything. I closed for two days and installed all the machines
with the Open Source software=94 he says.

He adds that if he was to go the Microsoft way he could be forced to
increase his charges from 50 cents to Sh5 per minute of surfing =93to
recover his costs.=94 A Kenyan Open Source Code group Skunkworks led by
Ken Kasani are now championing more cyber caf=E9 to go to Open Source.

According to Mr Kasani, the software will manage all aspects of cyber
caf=E9 billing such as Internet time, printing, items, accounts,
discounts, the programme will be across platform , it will be possible
to run it on both Linux and Windows computers connected on the same
cyber works.

The package is being developed using FOSS development tools and platform
and, therefore, will be released worldwide to other developers who wish
to collaborate.

Sunkworks are selling software at three points to serve businesses.

On pricing, FOSS will be available be free of charge, where the only
charges are for installation and improvements .

Mr Kasani also says the use of FOSS enhances the PC speed. Using Open
Source, one would not need to install an antivirus gadget, making it
cheaper.

On the other hand, Microsoft Initiative is stemmed from the fact that
software piracy and counterfeiting in Kenya has up to recent years been
widespread yet discreet .

Abednego Hlatshwayo, Microsoft Anti-Piracy Manager for East and Southern
Africa says, locally, a significant number of PCs running on
counterfeit/pirated software are found in cyber caf=E9s spread out in
urban centres and, increasingly, in rural areas, a situation whose
ripple effect heavily contributes to poor quality software.

This increases information risks, leads to massive unemployment, and
loss of revenue to government.

=93Our Windows Genuine Advantage (WGA) programme provides a platform for
consumers to validate their Microsoft Windows software as well as
provide notifications to consumers using non-genuine Microsoft Windows
XP. Customers using genuine software have access to Microsoft download
centre for latest features, updates, and support.

=93Many customers do not know whether they are running a genuine copy of
Windows software, and the WGA notifications feature is a simple and
effective way to help them know the status of their software,=94 says Mr
Hlatshwayo