Bonum Certa Men Certa

Cablegate: Microsoft Uses US Government and Gates Lobbying to Pressure Saudi Arabia to Embrace US-Style Law (Updated)

Cablegate



Summary: Just like in Brazil and other parts of the world, Microsoft targets Saudi Arabia laws and practices, striving to change these with help from politicians

Microsoft loves to daemonise Brazil for being quite free (liberal) culturally, unlike Hollywood. With the title "MICROSOFT SEES GOB ATTACKS AGAINST IPR" (yes, attacks, on artificial 'intellectual' monopolies) Microsoft and its cronies in government take on the massive nation and try to pressure it to adjust its laws to better suit Microsoft's business model. In the older cable, once again we saw Michel Levy (whom we mentioned in relation to OOXML lobbying) overstepping his authority.



Here is s similar Cablegate cable from SA. Watch the country head of Microsoft and notice how Bill Gates lobbies King Abdullah :



VZCZCXYZ0000 OO RUEHWEB

DE RUEHRH #2340/01 3291436 ZNY CCCCC ZZH O 251436Z NOV 07 FM AMEMBASSY RIYADH TO RUEHC/SECSTATE WASHDC IMMEDIATE 7063 INFO RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

C O N F I D E N T I A L RIYADH 002340

SIPDIS

SENSITIVE SIPDIS

USTR FOR JASON BUNTIN USDOC FOR TYLER HOFFMAN

E.O. 12958: DECL: 09/17/2017 TAGS: ECON, ETRD, KIPR, PGOV, SA SUBJECT: SAUDI ARABIA: MICROSOFT GM'S TAKE ON IPR ENFORCEMENT

REF: STATE 107629

Classified By: Economic Counselor Robert B. Murphy for reasons 1.4 (b) and (d).

1. (SBU) SUMMARY. Khaled al-Dhaher, General Manager of Microsoft in Saudi Arabia, shared his perception of intellectual property rights (IPR) enforcement in the Kingdom during a meeting on November 20, 2007. Al-Dhaher identified three major areas of concern: (a) the failure of the SAG to license most of the Microsoft software it uses, (b) the failure of the SAG to impose deterrent penalties, such as harsh fines and even imprisonment, on IPR violators, and (c) the lack of transparency of the workings of the Violations Review Committee (reftel). He also expressed his opinion that IPR enforcement problems persist in Saudi Arabia because the working-level officials charged with enforcing IPR do not consider IPR violations to be crimes. END SUMMARY.

--------------------------------------------- ----- Legalization, Deterrent Penalties and Transparency --------------------------------------------- -----

2. (C) Khaled al-Dhaher, General Manager of Microsoft in Saudi Arabia, identified three major areas of concern with the enforcement of intellectual property rights (IPR) in the Kingdom during a meeting with Emboffs on November 20, 2007. The first of these areas is the failure of the SAG to license most of the Microsoft software it uses. Al-Dhaher reports that Bill Gates raised this issue with King Abdullah when he visited Saudi Arabia in November 2006. The King agreed to resolve the problem, and al-Dhaher says that the King personally contacted the Saudi Arabian General Investment Authority (SAGIA) to emphasize that legalization should be accomplished. While al-Dhaher believes that SAGIA has been Microsoft's "champion" on this issue, the push for legalization has enjoyed only modest success. Al-Dhaher estimates that the SAG uses about 500,000 PCs with Microsoft software, but has licensed only 25,000 of those computers. The Ministry of Interior recently licensed Microsoft software for 7,000 of its estimated 50-70,000 PCs, while the Ministry of Culture and Information (the ministry to which the Violations Review Committee (VRC) is attached) licensed software for 3,000 of its PCs several months ago. Al-Dhaher believes that legalization problems persist for bureaucratic and budgetary reasons, and suggests that the SAG designate funds for all ministries to use to legalize rather than addressing the issue ministry by ministry or pooling the ministries' technology budgets together.

3. (SBU) Al-Dhaher believes that the imposition of deterrent penalties would enhance the enforcement of IPR in the Kingdom. The VRC, which reviews all copyright cases, is authorized to impose fines up to 100,000 SAR (USD 26,666). The Board of Grievances, the court of appeal for cases heard by the VRC, can impose fines up to 250,000 SAR (USD 66,666) and sentence a defendant to prison. However, the highest fine al-Dhaher is aware of having been levied against an IPR violator is 12,000 SAR (USD 3,200), and he is not aware of any case that has been appealed from the VRC to the Board of Grievances. Al-Dhaher believes that imposing significant penalties in just one IPR case would serve as an effective deterrent example.

4. (SBU) Al-Dhaher echoes long-reported complaints regarding the lack of transparency of the workings of the VRC. However, he is encouraged by the initiative and openness shown by the new head of the VRC, Rafik al-Akeeli. Al-Dhaher says that the VRC has heard more cases in the two months since al-Akeeli has been in charge than it heard in the previous year. Al-Akeeli also recently met with Microsoft representatives for two hours. Given the general difficulty industry has consulting with the SAG, al-Akeeli's willingness to meet with Microsoft was viewed very favorably by al-Dhaher.

-------------------------------------------- Persistence of Problems with IPR Enforcement --------------------------------------------

5. (C) Emboffs asked al-Dhaher reasons he believes the SAG is not better addressing these areas of concern. Al-Dhaher does not think that corruption is significant, and only partly blames bureaucratic roadblocks and lack of capacity for insufficient progress. He believes the root cause is that many officials charged with enforcing IPR do not really believe that IPR violations are criminal acts. Al-Dhaher suggests that this might because IPR violations seem like victimless offenses, or that violations are not viewed as significant because the stakeholder is a wealthy, non-Muslim business. He fears that this perception persists despite industry having secured an official Saudi fatwa (religious ruling) that IPR violations are violations of Muslim law. GFOELLER









Copyright is relative and SA would be better off just using Free software that it can control. It would also remove the stain of guilt, which Microsoft loves to use to impose fees.

Update: Here is a followup cable.








VZCZCXRO3571 PP RUEHDE RUEHDIR RUEHROV DE RUEHRH #1271 2320455 ZNY CCCCC ZZH P 190455Z AUG 08 FM AMEMBASSY RIYADH TO RUEHC/SECSTATE WASHDC PRIORITY 9017 INFO RUEHXK/ARAB ISRAELI COLLECTIVE RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE RUCPDOC/DEPT OF COMMERCE WASHDC C O N F I D E N T I A L RIYADH 001271

SIPDIS

STATE FOR EEB/TPP/IPE AND NEA/ARP STATE PASS TO USTR FOR JASON BUNTIN USDOC FOR TYLER HOFFMAN

E.O. 12958: DECL: 09/17/2017 TAGS: ECON, ETRD, EINV, PGOV, KIPR, KTFN, SA SUBJECT: MICROSOFT LEADING COLLABORATION WITH SAG TO COMBAT IPR VIOLATIONS

REF: 07 RIYADH 2437

Classified By: Political/Economic Counselor Horacio Ureta for reasons 1.4 (b) and (d).

1. (C) Summary: Intellectual property rights (IPR) violations in Saudi Arabia are receiving increased attention from the Saudi government (SAG). The SAG has made significant efforts to address IPR violations, which in the Kingdom occur most notably in the pharmaceutical and software sectors. With regard to software infringement, the SAG is now collaborating directly with a Microsoft-led private sector group, calling itself the "Rights-Holders", on a six-point plan to combat IPR issues. This plan seeks to ensure transparency in IPR cases, establish and enforce deterrent penalties, and improve coordination between SAG entities with IPR related equities. Rights-Holders is claiming the existence of a link between IPR piracy and terrorism finance. Intellectual property rights issues are also being covered increasingly in the Saudi news media. End summary.

2. (C) In a meeting August 13 EconOff met with Scott Butler of the Raven Anti-Piracy Alliance (RAPA), a Dubai based group that is linked to the Business Software Alliance (BSA), a group of 13 software companies in the Kingdom which includes Microsoft, Autodisc, Symantec, and Adobe. RAPA also has powers of attorney with regional entertainment companies such as Rotana and Viva and liaises between these licensees and entertainment studios. Butler told EconOff that earlier in the day he and Ayman Takrori, Partners Group Director for Microsoft and de facto representative of a private group of "Rights-Holders" (of which BSA is a part) met with Ministry of Culture and Information Under Secretary Abdul Rahman Al-Hazaa, who holds a mandate from Culture and Information Minister Dr. Eyad Madani to "fix the IPR issue."

3. (C) Butler related that RAPA had presented al-Hazaa with a six point plan to address IPR issues: 1) ensure complete transparency in all IPR cases; 2) establish and enforce deterrent penalties to create real fear in the market; 3) eradicate street vendor piracy; 4) establish a mechanism to address internet piracy; 5) ensure the SAG uses software that was legally acquired; and 6) ensure effective coordination between the Ministries of Culture and Information, Interior, and Customs Enforcement. According to Butler and Takrori, Under Secretary al-Hazaa pledged complete support from the SAG for all points.

4. (C) The Rights-Holders's six-point plan includes fully populating the Violations Review Committee's online case-tracking database in both Arabic and English, imprisoning violators in lieu of simply imposing fines (Note: According to Butler, there is precedent legislation in the UAE for imprisoning IPR violators. End Note.), and providing training for inspectors and police on IPR and on how to conduct raids. Butler also related a story of a raid conducted in 2006 that yielded 20 million pirated music and software CDs in a warehouse. In the same warehouse weapons were found which led to the arrest and prosecution of several members of an organized crime ring. Butler asserted that a clear link exists between piracy and organized crime, to include terrorism finance.

5. (SBU) On August 17, Al-Watan, a moderate Arabic-language daily, published a full page story on IPR violations. In the article both SAG officials and economists were quoted as saying that software piracy is both more lucrative and less risky than drug trafficking.

6. (C) Comment: The SAG has made significant progress in IPR enforcement but continues to cite lack of capacity to justify a dearth of major developments (Reftel). Engagement at the ministerial level is an encouraging step and demonstrates an increase in political will to address the problem. Ministry of Interior (MOI) interest is crucial to further progress in enforcement and prosecution, and would be critical to implement any of the directives outlined in the Rights-Holders six-point plan. Previously, MOI involvement has been sub-optimal, but might be stimulated if a strong link were to be substantiated between the supposedly "victimless" crime of IPR violations and and organized crime or even terrorism financing. End comment. GFOELLER







So, Microsoft has linked copyright infringement and terrorism. Wonderful.

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024