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12.30.11

Cablegate: UNESCO Was Pro-Free Software Before Gates and Microsoft Intervention

Posted in Cablegate, Free/Libre Software at 12:23 pm by Dr. Roy Schestowitz

Cablegate

Summary: Interesting cable from Tripoli and its items regarding software

According to the following Cablegate cable from the US embassy at Tripoli, “UNESCO Reinforces Capacities of Public Administrations through the Use of Free Software: The Arab Federation of Technical Education, the UNESCO Office in Rabat, and ISESCO, in cooperation with the Libyan Ministry of the Labor and Training, organized a workshop at the Higher Institute of Computer Technology in Tripoli, Libya. The workshop aimed to reinforce capacities of public administrations through Free and Open Source Software (FOSS). During the three-day workshop, experts from the Maghreb countries presented best practices in using FOSS in their respective countries. This enabled participants to reinforce the capacities of universities in the field of technical education through the use of FOSS, and to develop tools in order to make public services more transparent. [UNESCO, 12/19/2008]“

We also wrote about UNESCO one day ago, in relation to what Microsoft was doing there to derail Free software preference. Here is today’s cable

Read the rest of this entry »

12.29.11

Cablegate: Iraq Rebuilt With Free/Open Source Software

Posted in Cablegate, Free/Libre Software at 7:57 am by Dr. Roy Schestowitz

Cablegate

Summary: Folks from MIT (home of the FSF/GNU) were said to be using “open-source software” for an “Intranet [that] would rely on radio and satellite data links to avoid dependence on Iraq’s telecom system” and more

“Gatti said MIT plans to set up the system using open-source software,” claims the following Cablegate cable, which speaks about setting up some communication infrastructure for post-invasion Iraq. Here is the full cable:


C O N F I D E N T I A L  ROME 002050 
 
SIPDIS 
 
 
SECDEF FOR OSD/AJTORRES 
JOINT STAFF FOR SYIKE 
 
E.O. 12958: DECL: 05/22/2014 
TAGS: EAID [Foreign Economic Assistance], EINT [Economic and Commercial Internet], PREL [External Political Relations], IT [Italy], IZ [Iraq], IRAQI FREEDOM 
SUBJECT: IRAQ: SECURITY CONCERNS PUT E-GOV PROGRAM IN LIMBO 
 
Classified By: Economic Minister-Counselor Scott Kilner 
for reasons 1.4 (b)(d) 
 
SUMMARY 
------- 
 
¶1. (C) Italy's Ministry of Innovation and Technology (MIT) is 
ready to send a team to Baghdad to start work on a Euro 11 
million project to build an Intranet system for the Iraqi 
government.  According to an aide to MIT Minister Lucio 
Stanca, however, the Italian Foreign Ministry will not 
approve the trip because of security concerns.  The completed 
system would link 20-30 Iraqi government departments to each 
other and the Internet using a mix of radio and satellite 
links.  End summary. 
 
Safety Concerns Delay E-Government Project. 
------------------------------------------- 
 
¶2. (C) Stefano Gatti (protect), Diplomatic Advisor to 
Innovation and Technology Minister Lucio Stanca, recently 
gave Econoff an update of Italy's Euro 10-11 million project 
to provide the Iraqi government with a basic Intranet 
infrastructure.  The MIT has a team ready to go to Baghdad to 
conduct an initial survey of the Iraqi Ministries' 
requirements; but, Gatti explained with some exasperation, 
the Ministry of Foreign Affairs (MFA) is delaying approval of 
the trip.  Gatti speculated that the MFA was nervous about 
sending additional Italian officials to Baghdad given the 
unresolved status of three Italian hostages, the death this 
month of an Italian soldier in Nasiriyah, and the 
assassination of Interim Governing Council President Ezzedine 
Salim outside the Green Zone.  In this environment, Gatti 
said, the GOI is reluctant to send more people to Baghdad. 
Gatti said the MIT has pared down the team from eight to four 
people in deference to the MFA's security concerns, but the 
MFA is still withholding approval. 
 
Need for Iraqi Coordinator 
-------------------------- 
 
¶3. (SBU) A second problem the project has encountered, Gatti 
remarked, is finding an Iraqi agency to coordinate with the 
MIT team.  He explained that, since the project involves 
hooking up several Iraqi ministries to a central Intranet 
hub, Italy must find an Iraqi authority capable of overseeing 
such a government-wide project.  Gatti predicted, however, 
that this problem would be overcome once the Ministry has its 
own people on the ground in Baghdad. 
 
Background 
---------- 
 
¶4. (SBU) MIT's proposed Euro 10-11 million Iraqi Government 
Intranet project is designed to give the Iraqi government a 
basic system for electronically linking ministries and, 
possibly, municipal and provincial governments.  The initial 
budget covers the cost of a central server bank, connections 
for 20-30 government departments (each with 20 work 
stations), a remote back-up system (possibly located in 
Italy), plus training and technical support.  The Iraqi 
Intranet would rely on radio and satellite data links to 
avoid dependence on Iraq's telecom system.  In addition to 
providing Iraqi officials with basic email and Internet 
connectivity, the Intranet network could also be used for 
telephone service among government departments.  Gatti said 
MIT plans to set up the system using open-source software. 
 
(Note: A copy of Italy's proposal for the Iraqi Government 
Intranet is available on Rome's Classnet homepage under the 
section "Italy Background Notes."  Please do not distribute 
this document outside the USG.  End note.) 
 
Start-up Funding Available from MFA and World Bank 
--------------------------------------------- ----- 
 
¶5. (SBU) Gatti said the MFA already has Euro two million 
available to start the project.  The MIT expects to receive 
another Euro two million from the World Bank's Development 
Gateway Foundation, he said.  The MIT, Gatti asserted, is 
ready to start the project even though it has yet to secure 
the full Euro 10-11 million in funding.  Gatti predicted the 
 
additional money would fall into place once the project got 
underway.  (Note: The GOI is counting this project as part of 
its Euro 200 million Madrid pledge. End note.) 
 
COMMENT 
------- 
 
¶6. (C) The delay in sending the MIT team to Baghdad 
demonstrates how the continuing Italian hostage ordeal and 
recent violence around Nasiriyah is creating government 
nervousness with negative consequences for reconstruction 
work.  However, assuming the security situation stabilizes 
and there are no more high-profile attacks or kidnappings 
that target Italians, we expect that the MIT team will be 
cleared to go to Baghdad in coming weeks. 
 
¶7. (U) MINIMIZE CONSIDERED. 
 
Visit Rome's Classified Website: 
http://www.state.sgov.gov/p/eur/rome/index.cf m 
 
SEMBLER 
 
 
NNNN 
        2004ROME02050 - Classification: CONFIDENTIAL

It is possible that a lot of systems were built with proprietary systems (contractors helping other contractors), but the above is noteworthy nonetheless.

Cablegate: Microsoft Lobbies to Illegalise Backups and Make Copyright Violation a “Crime”

Posted in Cablegate, Microsoft at 7:33 am by Dr. Roy Schestowitz

Microsoft wants YOU… in prison!

Cablegate

Summary: Lobbying from Microsoft shows just how far the company is willing to go to criminalise its own end users

YESTERDAY we wrote about Apple's use of blackmail to influence French copyright law. According to the following Cablegate cable from Tel Aviv, Microsoft has been doing the same type of thing and met resistance. To quote: “Microsoft Israel has been the most successful of the interested parties in lobbying for changes in the Copyright Bill. Government Affairs Manager for Microsoft Israel, Shai-lee Spigelman, told EconCouns on July 13 that Microsoft has formed a coalition of foreign and Israeli software development companies to push for changes in the bill. Microsoft’s key concerns center around the provisions for creating back-up copies and the unlimited exemptions granted to public libraries. Anti-piracy manager at Microsoft Israel, Gil May-Tal, told Econoff that he has also pushed the MoJ to define end-user piracy as a crime, but found MoJ’s Afori entrenched in opposition to such a change. While Microsoft wants to see end-user piracy defined as a crime in the legislation, May-Tal deemed it not worth pushing, and thereby risking the positive relationship that Microsoft has built with the Afori. May-Tal said Afori is inclined to consider changes to the back-up copy and library usage clauses as recommended by Microsoft. Microsoft execs report that the drafting of the legislation was influenced by proponents of the EU’s open source movement.”

Here is the full Cablegate cable, which speaks more broadly about Israel’s copyright legislation


null
Carol X Weakley  10/18/2006 02:46:18 PM  From  DB/Inbox:  Carol X Weakley

Cable 
Text:                                                                      
                                                                           
      
S E C R E T        TEL AVIV 04106

SIPDIS
CXTelA:
    ACTION: ECON
    INFO:   IPSC SCI IMO CONS RES POL DCM AMB AID ADM FCS
            PD

DISSEMINATION: ECON
CHARGE: PROG

APPROVED: ECON:WWEINSTEIN
DRAFTED: ECON:BMASILKO
CLEARED: ECON: JWITOW

VZCZCTVI955
PP RUEHC RUCPDOC
DE RUEHTV #4106/01 2901552
ZNY SSSSS ZZH
P 171552Z OCT 06
FM AMEMBASSY TEL AVIV
TO RUEHC/SECSTATE WASHDC PRIORITY 7010
INFO RUCPDOC/DEPT OF COMMERCE WASHDC PRIORITY

S E C R E T SECTION 01 OF 02 TEL AVIV 004106 
 
SIPDIS 
 
DEPARTMENT PLEASE PASS TO USTR: E.SAUMS AND S.DONNELLY 
 
E.O. 12958: DECL: 10/13/2016 
TAGS: ECON [Economic Conditions], ETRD [Foreign Trade], PGOV [Internal Governmental Affairs], KIPR [Intellectual Property Rights], IS [Israel] 
SUBJECT: UPDATE ON ISRAEL'S COPYRIGHT LEGISLATION 
 
REF: A. TEL AVIV 03785 
 
     B. TEL AVIV 03843 
 
Classified By: Economic Counselor William Weinstein for reasons 1.4 (b) 
 and (d) 
 
¶1. (S) Summary: Israel is moving forward with legislation to 
modernize and unify its existing copyright law.  Three pieces 
of pending copyright legislation have a direct impact on U.S. 
industry.  Working-level contacts at Ministry of Justice 
(MoJ), who drafted the legislation, display varying degrees 
of flexibility in responding to U.S. industry concerns. 
While these concerns tend to focus on the specific provisions 
of the legislation (as applicable to a given industry), all 
of Posts' contacts oppose the legislation's decriminalization 
of end-user piracy and its lack of protection for digital 
media.  Per Washington's request EconCouns has requested that 
the Ministry of Industry, Trade, and Labor (MOITAL) engage 
with the MoJ to review the draft legislation and begin 
immediate consultations with the USG.  End Summary. 
 
--------------------- 
Status of Legislation 
--------------------- 
 
¶2. (C) Currently, three different pieces of legislation 
related to copyrights -- in various stages of completion -- 
are being circulated.  The 2005 Copyright Bill passed a first 
reading in the Knesset on July 20, 2005 and is being 
considered by the Knesset Economic Committee.  The 2006 
Copyright Tribunal Bill was published on July 10, 2006 and 
has also passed a first reading and been forwarded to the 
Knesset Economic Committee.  These two bills will likely be 
considered together by the Committee.  The Ministry of 
Justice is the originator and sponsor of the 2005 Copyright 
Bill and the 2006 Copyright Tribunal Bill.  U.S. industry has 
voiced serious concerns over key provisions of these two 
draft pieces of legislation.  A private bill submitted by 
members of the Meretz party on July 17, 2006 -- aimed at 
preventing digital piracy -- has not been voted on by the 
Knesset. 
 
------------------- 
Ministry of Justice 
------------------- 
 
¶3. (S) As the drafter of the Copyright Bill and the Copyright 
Tribunal Bill, the MoJ has championed the legislation.  With 
the resignation of Minister of Justice Haim Ramon, pending an 
investigation into allegations of sexual harassment, Meir 
Sheetrit assumed the position of acting Minister of Justice 
in August 2006.  In a September 19 meeting with the 
Ambassador, Sheetrit promised to look into the pending 
copyright legislation (reftel a).  In a follow-up-letter and 
phone call to the Ambassador, Sheetrit said that the 
copyright legislation had already "passed."  (Comment: 
Technically Sheetrit is correct.  The legislation "passed" 
the ministerial committee and was forwarded to the Knesset as 
a government bill.  However, the legislation is far from 
becoming law.  It appears as if Sheetrit's staff is telling 
him that the legislation is being handled by the Knesset 
Economic Committee and is out of their hands.  However, past 
experience with pharmaceutical IPR legislation championed by 
the MOITAL indicates that the drafting Ministry has 
considerable influence over the Knesset's consideration of 
the legislation, especially draft legislation as long and 
technical as the Copyright Bill.  End comment).  Copyright 
legislation at the MoJ is the responsibility of Advocate 
Tamir Afori, who has been working on the draft legislation 
since joining the MoJ six years ago. 
 
----------------- 
Industry Concerns 
----------------- 
 
¶4. (S) The software, music, and movie industries agree that 
while the Copyright Bill is an improvement on existing law -- 
a mix of British era legislation -- it fundamentally fails to 
implement the necessary safeguards for intellectual property 
in a digital world.  Another concern shared by the majority 
of the copyright industries is the failure of the legislation 
to designate end-user piracy as a criminal offense.  During 
the period of the 2006 Special 301 review, Econoff 
highlighted these concerns to Afori at MoJ.  His response was 
explosive and unexpected -- he railed against U.S. industry 
wanting to "make everything a crime" and questioned the logic 
in designating it as such, given that Israel has no intention 
of prosecuting end-users who commit just a single act of 
piracy.  Afori commented that he was tired of the U.S. 
"hinting" at the problem and proposed that the U.S. either 
quote the relevant law requiring that end-user piracy be 
declared a criminal offense, or drop the matter. 
 
----------------- 
Software Industry 
----------------- 
 
¶5. (S) Microsoft Israel has been the most successful of the 
interested parties in lobbying for changes in the Copyright 
Bill.  Government Affairs Manager for Microsoft Israel, 
Shai-lee Spigelman, told EconCouns on July 13 that Microsoft 
has formed a coalition of foreign and Israeli software 
development companies to push for changes in the bill. 
Microsoft's key concerns center around the provisions for 
creating back-up copies and the unlimited exemptions granted 
to public libraries.  Anti-piracy manager at Microsoft 
Israel, Gil May-Tal, told Econoff that he has also pushed the 
MoJ to define end-user piracy as a crime, but found MoJ's 
Afori entrenched in opposition to such a change.  While 
Microsoft wants to see end-user piracy defined as a crime in 
the legislation, May-Tal deemed it not worth pushing, and 
thereby risking the positive relationship that Microsoft has 
built with the Afori.  May-Tal said Afori is inclined to 
consider changes to the back-up copy and library usage 
clauses as recommended by Microsoft.  Microsoft execs report 
that the drafting of the legislation was influenced by 
proponents of the EU's open source movement. 
 
-------------- 
Movie Industry 
-------------- 
 
¶6. (C) ALIS, the Motion Picture Association of Israel, has 
thus far not commented on the draft copyright legislation. 
However, the Cinema Industry Association in Israel wrote to 
the Ambassador on September 11 to urge USG support for a 
draft proposal submitted by the Meretz Party.  The 
legislation is aimed at combating digital and on-line piracy. 
 Among the key provisions of this bill are: prohibiting the 
posting of creations on digital networks without the 
permission of the creator, prohibiting the listening to or 
viewing of pirated copies of creations, and imposing varying 
degrees of responsibility on Internet service providers for 
the content its users are able to access. 
 
------------------ 
Recording Industry 
------------------ 
 
¶7. (S) Some of the most damaging clauses of the Copyright 
Bill affect the recording industry.  Itshak Sheffer, Managing 
Director of the International Federation of Phonographic 
Industry (IFPI) Israel, told EconOff that he suspects the MoJ 
might be pursuing a discriminatory policy towards the 
recording industry in part because IFPI has been successful 
in winning several court cases against the MoJ.  One of the 
industry's main concerns is that the Copyright Bill could 
deny foreign sound recordings remuneration for public 
broadcast and performance.  The recording industry also 
expressed concern over the Copyright Tribunal Act -- 
legislation which will unify the collection of royalties 
under one umbrella organization. 
 
---------- 
Next Steps 
---------- 
 
¶8. (S) Director of the International Trade Administration at 
MOITAL Boaz Hirsch promised EconCouns on October 5 that he 
will schedule a meeting including the Director General of the 
MoJ and Emboffs to discuss U.S. concerns about the copyright 
legislation immediately after the Succot holidays.  Post 
continues to emphasize with the MOITAL that this legislation 
will impact US-Israel trade, and that discussions should not 
be confined to MoJ legal staff.  The Knesset Economic 
Committee is currently led by a Likud MK, and Likud chairman 
Bibi Netanyahu has promised to look into the legislation 
(reftel b).  While Post believes that inclusion of the MOITAL 
will broaden discussion of the impact of the legislation on 
U.S. industry, concurrent technical consultations between 
U.S. legal experts and the MoJ's IPR legal team are essential 
to full USG understanding of the legislation.  Local analysts 
predict that the committee will hold hearings and consider 
the legislation section-by-section before recommending any 
amendments.  During this time the MoJ, if it chooses, will 
also be able to recommend changes to the committee. 
 
********************************************* ******************** 
Visit Embassy Tel Aviv's Classified Website: 

http://www.state.sgov.gov/p/nea/telaviv

You can also access this site through the State Department's 
Classified SIPRNET website. 
********************************************* ******************** 
CRETZ

Incidentally, for those who are interested in how copyright and patent laws get subverted by the Gates Foundation, we are going to separately post this new video from Max Keiser and Stacy Herbert.

Cablegate: Examples of Indonesia Developing Free/Open Source Software

Posted in Asia, Cablegate, Free/Libre Software at 6:48 am by Dr. Roy Schestowitz

Cablegate

Summary: Two cables showing the use of Free software in Indonesia “in order to reduce dependence on proprietary systems.”

IN PREVIOUS posts about Indonesia we showed some good news but also a fair deal of mischief from Microsoft. In reverse-chronological order:

According to the following couple of Cablegate cables, “The Head of the Information and Computer Systems Division of Indonesia’s Agency for Technology Research and Application (BPPT) announced that BPPT is developing several computer applications using Free open source Software (FOSS) in order to reduce dependence on proprietary systems. Applications currently in development include e-office (Kantaya), e-learning (Kutahu), and Local Management Information System (Simda) software. BPPT is assisting several local governments (Jembrana, Pekalongan, Banyuwangi, Kuala Kapuas and Sawah Lunto) to implement FOSS-based applications. By 2014, BPPT plans to develop FOSS-based applications for computer driver and kernel technologies, mining data programs, Indonesian language processing, simulation and computerization.” In another cable (the second one) it says that “the international community has developed GIS applications using free open source software for use by countries such as Indonesia. Around 30 participants with key disaster mitigation responsibilities in the Indonesian government took part in the training.”


UNCLAS SECTION 01 OF 04 JAKARTA 001243 
 
SIPDIS 
 
DEPT FOR EAP/MTS, OES/ETC, OES/STC, OES/SAT, OES/PCI 
 
E.O. 12958: N/A 
TAGS: SENV [Environmental Affairs], TPHY [Physical Sciences], TBIO [Biological and Medical Science], TRGY [Energy Technology], ENRG [Energy and Power], ID [Indonesia] 
SUBJECT: INDONESIA ESTH HIGHLIGHTS: MAY 2008 
 
IN THIS ISSUE 
------------- 
 
-- Government Phasing out Large-Scale AC Units 
-- Papua Signs USD30 Million Forest Carbon Deal 
-- Reclamation for an Integrated New City in Tangerang 
-- Oil Palm Threatens Sentarum Lake National Park 
-- Orangutans Close to Extinction 
-- Rare Javan Rhino Caught on Video 
-- Sumatran Tiger Population Critical 
-- Legal Reform Initiative Seeks to Protect Habitat for Orangutans 
-- Mangrove Planting in Surabaya 
-- Lax Enforcement and High Waste Treatment Costs Blamed for 
Continued Dumping 
-- Mushroom Farmers Switch from Kerosene to Firewood 
-- BPPT Developing Open Source Software 
-- Nuclear Technology in High School Curriculum 
-- Tackling HIV Infection Rates Among Surabaya's Children 
-- No Blood Transfusion Facilities in Half of Country 
 
ENVIRONMENT: 
 
Government Phasing out Large-Scale AC Units 
------------------------------------------- 
¶1.  According to Tri Widayati, Director of Ozone Protection of the 
State Ministry of Environment (MOE), most operators of 
industrial-size chilling/air-conditioning units will have replaced 
those units with new ones that use environmentally friendly Freon, 
such as hydrochlorofluorocarbon (HCFC) 123 and hydrofluorocarbon 
(HFC) 134, by the end of June 2008.  The MOE says that only 400 
large-scale AC units remain in operation.  The Government of 
Indonesia (GOI) banned the further importation of chlorofluorocarbon 
(CFC) 11 and CFC 12 after January 1, 2008 to meet its obligations 
under the Montreal Protocol.  This will lead to a gradual phase-out 
of older AC units.  The MOE is helping to provide soft loans to 
companies to finance the replacement of older units.  The Ministry 
is also working with voluntary associations to disseminate 
information to the public about the transition process. 
 
Papua Signs USD30 Million Forest Carbon Deal 
-------------------------------------------- 
¶2.  Papua has signed a carbon deal worth up to USD 30 million for 
100,000 hectares of forestland.  On May 13, Governor of Papua 
Barnabas Suebu signed a Memorandum of Understanding with New Forests 
Asset Management (NFAM) Pty Ltd.  During the following two months, 
NFAM and the Papua Provincial Government will do a preliminary 
survey to identify three locations for this carbon project.  At the 
end of 2008, Papua will receive USD 10 million of guaranteed revenue 
for the first five years and receive dividends totaling up to USD 20 
million over the same period.  NFAM is collaborating with Generation 
Investment Management, owned by former U.S. Vice President Al Gore. 
 
 
Tangerang Plans New Integrated City on Reclaimed Land 
--------------------------------------------- -------- 
¶3.  On May 15, Head of Tangerang Land Use Office Didin Samsudin 
confirmed that Tangerang Regency would reclaim 9,000 hectares of its 
northern coastal areas for a planned new "integrated" city.  The 
Tangerang Regent has already issued Local Regulation (Perda) No. 8 
of 2007 on Reclamation.  This new development will contain hotels, a 
marina, a business center, residential areas, and an integrated 
container terminal and port.  The new city will cover approximately 
8,000 hectares and cost Rp. 20 trillion or USD 1.3 billion. 
Tangerang is about 21 km from Jakarta. 
 
Oil Palm Threatens Sentarum Lake National Park 
--------------------------------------------- - 
¶4.  Budi Suriansyah, the Head of Danau Sentarum National Park, says 
that the palm oil plantation in the Kapuas Hulu region of West 
Kalimantan threaten the 132,000-hectare park's ecosystem, which is 
dependent on Betung Kerihun National Park.  The development of palm 
oil plantations as well as illegal logging is causing water 
pollution, and local fishers are finding it increasingly difficult 
to find local endemic fish such as jelawat and arwana.  There are 11 
palm oil plantation companies and 9 subsidiaries of PT Sinar Mas, 
operating on 160 thousand hectares in areas bordering Betung Kerihun 
National Park. 
 
Orangutans Close to Extinction 
------------------------------ 
¶5.  On May 8, the Executive Director of the Center for Orangutan 
Protection (COP) stated that, based on a COP study in Central 
 
JAKARTA 00001243  002 OF 004 
 
 
Kalimantan, orangutans will disappear from the region within 2-3 
years.  The investigation found 242 palm oil plantations with 
activities that having an impact on orangutans and their habitat. 
According to COP, these companies include members of the Roundtable 
on Sustainable Palm Oil (RSPO), such as Wilmar, IOI and Agro Group. 
In 2004, a Population and Habitat Viability Assessment (PHVA) 
reported that there were 58,575 orangutans left in Borneo, with an 
annual decrease in population of 9 percent leading to extinction by 
2015.  Darori, Director General for Forest Protection and Nature 
Conservation, is skeptical of the investigation's projections, and 
emphasizes that the government will not allow the conversion of 
natural forest to other purposes such as palm oil cultivation. 
 
Rare Javan Rhino Caught on Video 
-------------------------------- 
¶6. At the end of May, a video recorder installed by Ujung Kulon 
National Park and the World Wide Fund for Nature-Indonesia 
(WWF-Indonesia) caught footage of the extremely rare Javan 
Rhinoceros (Rhinoceros sondaicus).  Speaking about the incident on 
May 29, Agus Priambudi, Head of Ujung Kulon National Park, said the 
recording would help researchers and conservationists learn more 
about the Javan rhino's behavior, as well as assist efforts to 
reduce threats to the remaining population.  The Java rhino is the 
rarest among five rhino species in the world.  There are only an 
estimated 50-60 Java rhinos in Ujung Kulon National Park.  The Java 
rhino is on the International Union for Nature Conservation's "Red 
List" of endangered species. 
 
Sumatran Tiger Population Critical 
---------------------------------- 
¶7.  On May 25, the Coalition for Protected Animal Monitoring stated 
that there were approximately 250 Sumatran tigers (panthera tigris 
Sumatrae) left in the wild.  The decrease in this species' 
population is due to hunting, conflict with humans, and illegal 
logging and land clearing leading to the fragmentation of its 
habitat.  Poachers hunt the animal for its skin, bones, fang/tooth 
and claws.  Tiger skins sell for approximately 3-5 million Rupiah 
(USD 322-537) apiece in local markets and up to USD 3,300 in 
international markets.  Although Law No. 5 of 1990 on Natural 
Resources Conservation and Ecosystem protects this species, 
enforcement of the law is weak. 
 
Legal Reform Initiative Seeks to Protect Habitat for Orangutans 
---------------------------------------- 
¶8.  The Orangutan Conservation Services Program (OCSP) and Wildlife 
Conservation Society (WCS) launched a media campaign in late May, to 
commemorate World Environment Day, in order to draw attention to the 
urgency of legal protection for orangutan habitat and to support 
survival of orangutans in the wild.  WCS is spearheading a policy 
reform effort that seeks to protect habitat of endangered species 
from conversion to non-forest land uses.  In Indonesia today, it is 
illegal to kill an orangutan but it is still legal to convert the 
little remaining orangutan habitat to non-forest uses.  Habitat 
conversion effectively eliminates whole populations of orangutans 
and other critically endangered species as their habitat becomes 
fragmented and deforested. 
 
Mangrove Planting in Surabaya 
----------------------------- 
¶9.  On May 11, people from various organizations planted 8,000 
mangroves along the seashore at Wonorejo in eastern Surabaya. 
Wonorejo is poised to become a center for mangrove research, 
cultivation, and tourism.  The Surabaya city government is actively 
restoring mangrove forests in eastern Surabaya.  Illegal logging has 
destroyed at least 40 percent of a total 6,000 hectares of mangrove 
forest near Wonorejo.  According to the head of Wonorejo Mangrove 
Farming Association, various groups in eastern Surabaya have planted 
at least 25,000 more mangrove trees this year than last year. 
Unfortunately, last year's mangroves were poorly protected.  For 
example, 4,000 mangroves planted in the Kenjeran beach area in 
January had died by the end of May, due to high ocean waves and poor 
treatment. 
 
Lax Enforcement and High Waste Treatment Costs Blamed for Continued 
Dumping 
------------------------------------ 
¶10.  At least 16 companies in East Java have disposed of industrial 
waste in the Brantas River through underground pipelines or during 
the heavy rainy season through open ditches.  The companies have 
waste treatment facilities but prefer to cut costs by dumping 
untreated waste, according to Purnawan, a lecturer at Brawijaya 
University and a member of East Java Walhi, an environmental NGO. 
 
JAKARTA 00001243  003 OF 004 
 
 
The phenol content of industrial waste these companies are dumping 
in the Brantas is dangerously high, according to Purnawan.  Just 
three hours south of Surabaya in Malang, waste from paper and 
cassava-processing plants has reportedly resulted in serious 
pollution and a major fish kill in the lake behind the Sutami Dam. 
Local media report that Malang's city government is reluctant to 
take action as paper factories are a major contributor to regional 
revenue. 
 
Mushroom Farmers Switch from Kerosene to Firewood 
--------------------------------------------- ---- 
¶11.  Mushroom farmers in Karawang, West Java, are switching from 
kerosene to firewood because of the high cost and scarcity of 
kerosene.  Mushroom farmers use fuel to boil water and use the 
evaporated water to regulate the level of humidity required for 
mushroom growth.  Kerosene's retail cost has increased from 2,310 
Rupiah (USD 0.25) to between 2,500-3,000 Rupiah (USD 0.27-0.32), 
making the price of firewood relatively cheaper.  During a planting 
period of one month, the farmers require on average 80-120 liters of 
kerosene or three cubic meters of firewood.  With the current 
kerosene price, the farmers' production costs are between 
200,000-300,000 Rupiah, but only 150,000 Rupiah if using firewood. 
Besides the shift by many farmers to firewood, others have closed 
down their mushroom production houses altogether. 
 
SCIENCE AND TECHNOLOGY: 
 
BPPT Developing Open Source Software 
------------------------------------ 
¶12.  The Head of the Information and Computer Systems Division of 
Indonesia's Agency for Technology Research and Application (BPPT) 
announced that BPPT is developing several computer applications 
using Free Open Source Software (FOSS) in order to reduce dependence 
on proprietary systems.  Applications currently in development 
include e-office (Kantaya), e-learning (Kutahu), and Local 
Management Information System (Simda) software.  BPPT is assisting 
several local governments (Jembrana, Pekalongan, Banyuwangi, Kuala 
Kapuas and Sawah Lunto) to implement FOSS-based applications.  By 
2014, BPPT plans to develop FOSS-based applications for computer 
driver and kernel technologies, mining data programs, Indonesian 
language processing, simulation and computerization. 
 
Nuclear Education in High School Curriculum 
------------------------------------------- 
¶13.  On May 2, Dr. Taswanda Taryo, Deputy Chairman for R&D 
Productivity and Public Acceptance of Nuclear Science and 
Technology, BATAN (National Nuclear Energy Agency), announced plans 
for a program to include education on nuclear technology in school 
curricula, especially high schools.  Eko Madi, Head of the 
Subdivision for Nuclear Energy Science and Technology Dissemination, 
BATAN, explained that BATAN and the Ministry of Education would 
establish an expert team to begin drafting physics, chemistry, and 
biology curricula on nuclear technology.  In addition, BATAN is 
conducting outreach to educate teachers, students, and NGOs about 
nuclear technology.  BATAN will also establish three Centers for 
Nuclear Education and Information, including one in Jepara (Central 
Java), which is close to Muria Bay, the location for a proposed 
nuclear plant. 
 
HEALTH: 
 
Tackling HIV Infection Rates Among Surabaya's Children 
--------------------------------------------- --------- 
¶14.  The Surabaya City Health Department announced that 37 babies in 
Surabaya contracted HIV/AIDS between January and March 2008.  At a 
workshop on HIV/AIDS, Surabaya's Vice Mayor, Arief Afandi, confirmed 
that HIV/AIDS cases are spreading in all 31 districts in Surabaya. 
The Surabaya City government will take a new approach to the problem 
by training students to be HIV/AIDS cadre who will provide 
information and training to their peers.  The Surabaya City 
government will also involve more children and students in future 
HIV/AIDS workshops.  So far, it has selected 10 junior high schools 
and 10 senior high/vocational schools in Surabaya as HIV/AIDS test 
sites for this campaign. 
 
No Blood Transfusion Facilities in Half of Country 
--------------------------------------------- ---- 
¶15.  During a public hearing before the Jakarta regional parliament 
on May 12, Dr. Ratna Rosita, Director of Basic Medical Services and 
Nutrition of the Ministry of Health, stated that Indonesia lacks 
Blood Transfusion Units (UTDs) in 226 regions.  Ministry of Health 
statistics (2006) show that only 231 of 457 regencies/cities in 
 
JAKARTA 00001243  004 OF 004 
 
 
Indonesia have UTDs, including those operated by the Indonesian Red 
Cross (PMI), provincial governments and hospitals.  PMI's Chairman 
Mari'e Muhammad and Adang Dorodjatun, Chairman of Indonesia Blood 
Donors, also attended the public hearing.  PMI currently has 212 
UTDs, of which 24 percent are located within hospitals and 76 
percent outside of hospitals. 
 
HUME

Here is the second cable.


UNCLAS SECTION 01 OF 03 JAKARTA 003185 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR EAP/MTS AND OES/ETC 
 
E.O. 12958: N/A 
TAGS: SENV [Environmental Affairs], TPHY [Physical Sciences], TBIO [Biological and Medical Science], TRGY [Energy Technology], ENRG [Energy and Power], ID [Indonesia] 
SUBJECT: INDONESIA ESTH HIGHLIGHTS: AUGUST - OCTOBER 2007 
 
¶1. Summary: The Indonesian Supreme Court hosted a judiciary workshop 
on wildlife crime and prosecution under the ASEAN Wildlife 
Enforcement Network (WEN) program in August.  The Vice Governor of 
Jakarta announced on September 27 that Jakarta could potentially 
receive $2 million in funding from developed countries under the 
Kyoto Protocol if it can reduce its CO2 emissions. A 2007 survey 
found that despite overall decreases in other parts of the island, 
Sumatran rhino populations in Bukit Barisan Selatan National Park 
and Way Kambas National Park in Lampung increased by up to 30 
animals.  On September 29, Vice President Yusuf Kalla announced that 
starting in 2008, Indonesia would increase its reforestation target 
from 1 million to 2 million hectares per year.  On September 25, the 
Head of Forest Office of West Papua said that the Governors of Papua 
and West Papua provinces would release a joint decree to ban log 
exports from Papua.  The State Ministry of Environment announced on 
September 15 that it aims to phase out imports of ozone-depleting 
substances by the end of 2007 as set in the Montreal Protocol. On 
October 7, Customs officials successfully foiled efforts to smuggle 
70 rare animals through Soekarno-Hatta Airport in Jakarta.  The 
State Ministry for Research and Technology and the United Nations 
Development Programme conducted a "Train the Trainer" session on 
open-source geographic information system software in Jakarta on 
October 22-27. On October 3, the Jakarta provincial government 
granted Rp 40 billion ($4.4 million) to improve health and education 
services in eight of its satellite cities.  At a ceremony to 
commemorate World Sight Day, the Ministry of Health (MOH) announced 
that it would increase its focus on reducing the numbers of 
vision-impaired children. Several residents of Wolotau Village in 
the Kota Baru sub-district of the Ende Regency were stricken with 
anthrax after eating contaminated buffalo meat in mid-October.  The 
Anak Krakatau, or "Child of Krakatau" Volcano, began spitting out 
flaming rocks and smoke in late October.  On October 23, the WWF 
Program Coordinator for West Kalimantan Hermayani Putera announced 
that poachers had smuggled rare plant species including orchids and 
nepenthes (also known as tropical pitcher plants) from Kalimantan to 
Malaysia. End Summary 
 
Indonesia Hosts ASEAN WEN Judiciary Training 
--------------------------------------------- --- 
 
¶2.  The Indonesian Supreme Court hosted a judiciary workshop on 
wildlife crime and prosecution under the ASEAN WEN program in August 
in Jakarta. The two-day workshop brought together representatives 
from Indonesia's judicial sector and focused on prosecution, 
investigation, Indonesian laws governing protection of wild animals 
and plants, local and trans-national cooperation with other 
agencies, and ASEAN-wide initiatives on Mutual Legal Assistance. 
Judicial officers from Thailand, Malaysia and the United States 
joined the event in order to share best practices and increase 
international cooperation to fight trans-national criminals involved 
in the wildlife trade.  Indonesia plans a follow-up training for the 
national police in February 2008. 
 
Jakarta May Be Eligible for Funding for CO2 Reduction 
--------------------------------------------- -------- 
 
¶3.  On September 27, Vice Governor of Jakarta Fauzi Wibowo announced 
that Jakarta could potentially receive $2 million in funding from 
developed countries under the Kyoto Protocol if it can reduce its 
CO2 emissions. To be eligible for the funding, Jakarta would have to 
meet United Nations Environment Program (UNEP) certification 
requirements.  Fauzi stated that the Jakarta administration is 
implementing a clean air project to try to meet the UNEP standards. 
Dollaris R. Suhadi, Project Manager of the Clean Air Project, 
explained that achieving UNEP certification will take up to a year 
of research and between $500,000 and $1 million in funding.  Jakarta 
officials are optimistic that the city will be able to meet UNEP 
requirements, citing for example that since the city's bus ways 
became operational in 2004-2005, the total number of private 
vehicles on the road has decreased by 14%. 
 
Survey Shows Sumatran Rhino Population on the Rise 
--------------------------------------------- ----- 
 
¶4.  A 2007 survey conducted by the Rhino Protection Unit (RPU) and 
Yayasan Badak Indonesia found that despite overall decreases in 
other parts of the island, Sumatran rhino populations in Bukit 
Barisan Selatan National Park and Way Kambas National Park in 
Lampung increased by between 24 and 30 animals (to a total of 60 and 
85 in each park, respectively).  Coordinator of the RPU Arief 
Rubiyanto stated the increase was unexpected, considering the many 
threats to the rare animals from poachers and territorial 
encroachment due to illegal logging and forest conversion 
activities.  RPU patrolling activities in both parks and the curbing 
of poaching contributed to the improved numbers.  In recognition of 
 
JAKARTA 00003185  002 OF 003 
 
 
his efforts, Rubiyanto received the Disney Conservation Award from 
the Walt Disney Corporation. 
 
Indonesia Reforestation Target Raised to 2 Million Hectares Per 
Year 
--------------------------------------------- ------ 
 
¶5.  On September 29, Vice President Yusuf Kalla announced that 
starting in 2008, Indonesia would increase its reforestation target 
from 1 million to 2 million hectares per year.  Kalla added that the 
international community could not blame Indonesia for cutting its 
forests in the past, since timber consuming countries such as the 
U.S., Japan and Korea invested in the concession business. Note: 
Although the central government's sets the target, responsibility 
for implementation falls to the regional governments, who may face 
difficulty meeting the increased level. 
 
Papua Provincial Government Bans Log Exports 
--------------------------------------------- ---- 
 
¶6.  On September 25, the Head of Forest Office of West Papua 
Province said that the Governor of Papua Barnabas Suebu and Governor 
of West Papua Abraham O. Atururi would release a joint decree to ban 
log exports from Papua.  The Papuan administration wants to push 
investors to open wood processing facilities in Papua rather than 
shipping logs out from Papua.  There are currently 25 concessions 
within a 4.6 million hectare area, while there is only one wood 
processing facility, which is located in Sorong.  The Papuan 
government will implement the ban incrementally, beginning with a 
moratorium on 30 percent of log exports. TIME magazine highlighted 
Governor Suebu in October as an environmental hero for his 
conservation efforts. 
 
Government to Halt Ozone-Depleting Imports 
------------------------------------------- 
 
¶7.  The State Ministry of Environment announced on September 15 that 
it aims to phase out imports of ozone-depleting substances by the 
end of 2007 as set in the Montreal Protocol.  The Ministry said that 
as of August, imports of chlorofluorocarbons (CFCs) for the year had 
reached 193 metric tons, down from 2,331 metric tons in 2006. 
Officials stated that the ministry had phased out the use of 1,209 
metric tons of CFCs from several sectors in 2006 and would eliminate 
use of CFCs from the industrial sector by June 2008. 
 
Indonesian Customs Officials Foil Animal Smugglers 
--------------------------------------------- ------ 
 
¶8.  On October 7, Customs officials successfully foiled efforts to 
smuggle 70 rare animals through Soekarno-Hatta Airport in Jakarta. 
The Ministry of Finance's Investigation and Enforcement Section 
reported that Indonesian citizen Jonathan Leo Nardha had tried to 
smuggle the rare animals in speaker boxes.  Nardha was transporting 
the animals from Malaysia for Indonesian customers in Jakarta. 
 
Disaster Data Base Training Conducted in Jakarta 
--------------------------------------------- ----- 
 
¶9.  The State Ministry for Research and Technology and the United 
Nations Development Programme (UNDP) conducted a "Train the Trainer" 
session on open-source geographic information system (GIS) software 
in Jakarta on October 22-27.  Francis Sarmiento III, Project Officer 
for the UNDP's ASEAN Plus Three Sub-regional Node International Open 
Source Network, explained that Indonesia needed good, efficient, 
effective and fast local and national databases and information 
systems to anticipate and manage natural disasters.  Sarmiento 
explained that database and GIS implementation using closed software 
sources is difficult for developing countries due budget 
limitations.  To address this challenge, the international community 
has developed GIS applications using free open source software for 
use by countries such as Indonesia.  Around 30 participants with key 
disaster mitigation responsibilities in the Indonesian government 
took part in the training. 
 
Jakarta Grants Funding for Health Services 
------------------------------------------- 
 
¶10.  On October 3, the Jakarta provincial government granted Rp 40 
billion ($4.4 million) to improve health and education services in 
eight of its satellite cities.  The grant would support efforts to 
establish community health centers and reduce the number of 
outbreaks of communal diseases.  The grant includes the surrounding 
cities of Bogor, Depok, Bekasi and Cianjur in West java Province, as 
well as Tangerang in Banten. 
 
 
JAKARTA 00003185  003 OF 003 
 
 
GOI Seeks to Reduce Vision Impaired Numbers 
-------------------------------------------- 
 
¶11.  At a ceremony to commemorate World Sight Day, the Ministry of 
Health (MOH) announced that it would increase its focus on reducing 
the numbers of visually impaired children. The MOH has conducted 
several programs under this initiative, including preventative 
measures through early detection of blindness in community health 
centers, provision of vitamin A supplements to combat deficiencies 
that raise the risk of blindness, and subsidies for regular exams 
and eyeglasses for poorer families. The MOH has established a 
national commission to tackle blindness and other sight disorders. 
 
 
Anthrax attacks villagers in East Nusa Tenggara 
--------------------------------------------- --- 
 
¶12.  The Head of East Nusa Tenggara (NTT) Sub Office of Veterinary 
of Livestock Office, Maria Geong, reported on October 30 that 
several residents of Wolotau Village in the Kota Baru sub-district 
of the Ende Regency were stricken with anthrax after eating 
contaminated buffalo meat.  Around 20 villagers were in critical 
condition and hospitalized.  Geong instructed the Health and 
Livestock Offices to isolate the area, and the Ende Health Office 
sent medical teams to the village to support the effort.  Ende 
Regency has been an endemic anthrax area since 1994, where anthrax 
spores can live up to 60 years. 
 
Anak Krakatau Volcano Spits Flames 
----------------------------------- 
 
¶13.  The Anak Krakatau, or "Child of Krakatau" Volcano, began 
spitting out flaming rocks and smoke in late October. Saut 
Simatupang of Indonesia's Center for Vulcanology and Geological 
Hazard Mitigation predicted that the volcano would continue to 
rumble for some time but posed little danger to the area.  Anak 
Krakatau sits in the Sunda Strait between Java and Sumatra. 
 
"Nepenthes" Flies from Kalimantan 
--------------------------------- 
 
¶14.  On October 23, the WWF Program Coordinator for West Kalimantan 
Hermayani Putera announced that poachers had smuggled rare plant 
species including orchids and nepenthes (also known as tropical 
pitcher plants) from Kalimantan to Malaysia.  They hunted the plants 
in the Meratus Mountain area and the Hampangin Forest, located in 
the Katingan Ilir Sub-district of Katinan Regency (approximately 40 
miles from Palangkaraya, Central Kalimantan).  Demand for these 
species has increased in Malaysia, leading to an increase in 
poaching in Indonesia.  The Indonesian Orchid Association expressed 
worry that these activities are threatening the sustainability of 
the species.  Malaysian consumers allegedly pay local people to 
collect the rare and protected plants in Kalimantan's forests for 
sale.  One pot of Nepenthes is worth Rp 20,000 (approximately 
$2.00), and the price for a Black Orchid ranges from Rp 45,000 to Rp 
75,000 (approximately $4.80 to $8.10). To minimize the threat of 
poaching, the West Kalimantan Natural Resources Conservation Office 
has trained local residents to develop nurseries for the endangered 
plants. 
 
 
HUME

The story of Indonesia is an interesting one especially because of Microsoft’s response to ODF and FOSS adoption. It’s not unique to Indonesia and we have some antitrust material to show how Microsoft systematically identifies and then attacks deployments of FOSS.

Cablegate: With Microsoft Front Group Taking on Indonesia, a Call for Open Source Software Adoption

Posted in Asia, Cablegate at 6:09 am by Dr. Roy Schestowitz

Cablegate

Summary: Cables shed light on how Hollywood and a Microsoft front group pressured Indonesian authorities, which had also proposed moving to Free/open source software

We previously covered cables from Indonesia, just shortly after we wrote about ODF there and years after we wrote about a Microsoft MOU. According to the following Cablegate cable, Microsoft’s front group, the BSA, complained about “lack resources to move and properly store cumbersome and sensitive optical disk production machinery seized during raids.” It is in the same cable that we found (in ¶8): “Tanduk provided Katz with an impressive, newly-published handbook titled “Optical Disk Regulation Implementation Guide.” The hard-cover, Indonesian language publication caps a highly successful series of USAID-funded training workshops for the OD factory monitoring team. It includes relevant GOI laws and regulations, color photographs, and detailed technical and procedural guidance for the team. The technical advisor who ran the USAID project, a former Business Software Alliance (BSA) and Motion Picture Association (MPA) local representative, has recently agreed to continue his ODR work with the MOI for another year as a Department of Justice ICITAP senior technical advisor.

Just above that it says: “The heads of several agencies — Trade, Research and Technology, Economic Planning (Bapenas) and the DG for IPR — also pledged to replace pirated software in their agencies computers with open source or legal products.”

As we already know with Cablegate aside, Microsoft used the usual tricks to impede the adoption of FOSS in Indonesia (more on that later). In any event, here is the cable in question:


VZCZCXRO2803
PP RUEHCHI RUEHDT RUEHHM
DE RUEHJA #8114/01 1790836
ZNR UUUUU ZZH
P 280836Z JUN 06
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC PRIORITY 6462
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SECTION 01 OF 05 JAKARTA 008114 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
FOR EAP/MTS; EB/IPE/EAP 
COMMERCE FOR GOLIKE/4430 
COMMERCE PLEASE PASS USPTO FOR JOELLEN URBAN 
DEPT PASS TO USTR DKATZ, JGROVES, RBAE, VESPINEL 
 
E.O. 12598: N/A 
TAGS: KIPR [Intellectual Property Rights], ETRD [Foreign Trade], 
WTO [World Tourism Organization], ECON [Economic Conditions], ID [Indonesia] 
SUBJECT: IPR Update - GOI Making Steady Progress 
 
¶1. (SBU) Summary: At the first meeting of the Indonesian 
Government's (GOI) newly-established National Intellectual 
Property Rights (IPR) Task Force on June 7 Indonesia 
National Police (INP) Chief General Sutanto and Attorney 
General Abdul Rachman Saleh pledged to improve IPR 
enforcement and Minister of Trade Mari Pangestu outlined the 
importance of IPR to the country's economic development. 
The Task Force's senior working level committee is drafting 
short and medium term plans of action, as well as 
coordinating efforts to collect better IPR enforcement data. 
The Ministry of Industry (MOI) optical disk (OD) factory 
monitoring team has registered 26 factories,  provided them 
with source identification (SID) codes, and established a 
schedule of unannounced factory visits.  It is also in the 
process of registering the remaining three factories that 
have been identified by the intellectual property (IP) 
industry.  In response to GOI demands, local OD producers 
have voluntarily surrendered over 180 OD stampers without 
SID codes.  Local OD producers and distributors have agreed 
with the GOI that, after this year, any optical disk sold 
without SID code can be considered a pirated copy.  Local IP 
industry representatives report that police cooperation has 
improved. For the first time, police are conducting vendor 
and factory raids on their own initiative.  Jakarta district 
and national police have promised to continue raids, 
particularly against Jakarta's most notorious malls. Police 
and prosecutor collaboration remains weak and there is a 
large discrepancy between the number of cases police turn 
over to the Attorney General's *~cQnzvh-0`eia and Pacific 
Affairs Director Disited Jakarta June 20-22 to discuss Indonesia's 
current Special 301 OCR with key GOI officials and IP 
industry representatives.  GOI officials expressed general 
disappointment with Indonesia's retention on the Special 301 
Priority Watch List in May.  They welcomed, though, the U.S. 
Government's (USG) decision to conduct a second consecutive 
OCR.  Katz informed them that the timing of the OCR would 
depend on GOI efforts and that it could take place as early 
as the end of August or September.  He also stressed to GOI 
officials and IP industry representatives the importance of 
providing regular enforcement data and other information in 
support of the OCR. 
 
National IPR Task Force Holds First Meetings 
-------------------------------------------- 
 
¶3. (SBU) Ministry of Justice Director General of IPR Abdul 
Bari Azed informed Katz on June 20 that the GOI's newly- 
established National IPR Task Force held its first monthly 
senior working level meeting in May and quarterly 
ministerial-level meeting on June 7.  Bari reported that on 
June 7 Indonesian National Police Chief Sutanto and Attorney 
General Abdul Rachman Saleh along with other key cabinet 
officials pledged to improve IPR enforcement. (Note: Katz 
confirmed Bari's account in subsequent meetings with the 
MOI, MOT and police. End note.)  Minister of Trade (MOT) 
Mari Pangestu, vice chair of the Task Force, explained the 
importance of IPR protection and enforcement to Indonesia's 
investment climate and economic development.  The heads of 
several agencies -- Trade, Research and Technology, Economic 
Planning (Bapenas) and the DG for IPR -- also pledged to 
replace pirated software in their agencies computers with 
open source or legal products. 
 
¶4. (SBU) According to Bari, General Sutanto promised INP 
support for MOI OD factory monitoring team inspections and 
continued police raids on pirate OD vendors and factories, 
with emphasis on Ratu Plaza and Mangga Dua Mall, two of 
Jakarta's most notorious pirate OD markets.  Sutanto pointed 
out the challenges inherent in conducting aggressive raids 
against Harko-Glodok, Jakarta's primary pirate OD 
distribution center, noting that it risked social disorder. 
(Note: Harko-Glodok is located in an ethnic Chinese majority 
area of Jakarta and is thought to have links to organized 
crime.  A police raid on the area several years ago led to 
riots, a fire, and several deaths, with police paying 
compensation for some of the damage. End note.) 
 
¶5. (SBU) Bari, who serves as chairman of the Task Force's 
 
JAKARTA 00008114  002 OF 005 
 
 
senior working level committee, said his group would meet 
again in July to agree on text of short and medium term 
plans of action.  Priorities will include OD Regulation 
(ODR) implementation and collecting better data and 
information on GOI IPR enforcement efforts, particularly 
from Indonesia's major urban centers (greater Jakarta, 
Surabaya, Medan, Bandung, Makasar and Denpasar).  Bari noted 
that members of the senior working level committee met 
recently with officials at the Supreme Court to request data 
on civil and criminal IPR cases.  According to Bari, the 
committee is also establishing sub-committees to focus on 
specific issues.  One subcommittee, led by Ministry of Trade 
Senior Advisor Halida Miljani, would liaise with IP industry 
representatives and associations, and another with donors 
and the diplomatic community.  (Note: Miljani on May 30 
briefed American Chamber of Commerce IPR Committee members 
on the National Task Force. End note.) 
 
OD Factory Monitoring Team Sets Schedule 
--------------------------------- 
 
¶6.  (SBU) MOI Directorate General for Chemical, Agriculture 
and Forestry Based Industry Director Tony Tanduk on June 21 
told Katz that the MOI has registered 26 OD factories  and 
distributed SID codes to each of them.  It is also in the 
process of registering the remaining three OD factories 
identified by the IP industry.  The MOI has allocated Rp 300 
million (approximately USD 30,000) per year to the OD 
factory monitoring team. The team, which now includes 
members of the INP, has set a schedule of six unannounced 
factory visits per month.  The first three inspections 
occurred on June 13.  While all three factories had SID 
codes engraved in their moulds and stampers, none were 
producing ODs.  Tanduk remarked, somewhat sheepishly, that 
managers at all three factories claimed that they were 
waiting to ensure the accuracy of copyright documentation. 
 
¶7.  (SBU) Under an agreement with the MOI, owners of 
stampers without SIDs have agreed to turn them in to MOI by 
June 15.  Tanduk showed Katz one surrendered stamper and 
said he has collected 186 to date; he expects to receive 
another 100 in the coming weeks.  The MOI plans to destroy 
the stampers at an IPR public destruction ceremony with the 
police sometime in July.  The agreement also stipulates 
that, after December 31, 2006, the GOI will consider all ODs 
sold without SID codes as illegal pirated copies.  Some 
owners of stampers and factories have delayed using SID 
codes, as it requires them to send stampers and molds to 
Singapore or Hong Kong for engraving.  Katz suggested that 
Tanduk send a letter to all registered factories warning 
them that all their molds and stampers must include engraved 
SIDs codes.  Tanduk agreed. 
 
¶8.  (SBU) Tanduk provided Katz with an impressive, newly- 
published handbook titled "Optical Disk Regulation 
Implementation Guide."  The hard-cover, Indonesian language 
publication caps a highly successful series of USAID-funded 
training workshops for the OD factory monitoring team.  It 
includes relevant GOI laws and regulations, color 
photographs, and detailed technical and procedural guidance 
for the team.  The technical advisor who ran the USAID 
project, a former Business Software Alliance (BSA) and 
Motion Picture Association (MPA) local representative, has 
recently agreed to continue his ODR work with the MOI for 
another year as a Department of Justice ICITAP senior 
technical advisor. 
 
Police Continue Raids 
--------------------- 
 
¶9. (SBU) Jakarta Metropolitan Police (Metropolda) Special 
Crimes Lieutenant Colonel Police Agus Adriyanto and Chief of 
Investigation Umar Surya Fana on June 23 provided Katz with 
a spreadsheet detailing 267 IPR raids on pirate OD vendors 
that police conducted throughout the greater Jakarta 
metropolitan area since the beginning of this year. 
According to the report, police seized roughly 1.2 million 
pirated ODs, and at least temporarily detained 433. 
According to a local MPA representative, these figures do 
not include a raid on Ratu Plaza late on June 23, during 
which Metropolda police seized roughly 100,000 pirated ODs 
and arrested several people.  The 267 raids also do not 
include West Jakarta Police's seizure on June 1 of 140 DVD 
burners and 55,000 pirated ODs and the arrest of two 
persons.  Metropolda also seized 55 burners and 360,000 
pirated ODs and arrested two persons in a separate raid on 
 
JAKARTA 00008114  003 OF 005 
 
 
April 27.  Based on leads from this raid, police raided a 
small distribution warehouse where they seized 30,000 
pirated ODs and arrested another two individuals. 
 
¶10. (SBU) Umar explained that police had investigated and 
referred all 267 cases to the AGO.  He also showed Katz a 
wall chart indicating that 16 individuals remained in 
Metropolda's temporary detention facilities on IPR-related 
charges.  Umar could not say how many of the 433 individuals 
arrested in 2006 were transferred to AGO holding facilities 
along with their case files.  He complained that once police 
sent cases to the AGO, it was very difficult to obtain 
information on their outcomes from the AGO or courts.  Katz 
suggested that joint workshops with the police, AGO and 
courts on IPR evidence collection, investigations and 
prosecutions might facilitate greater cooperation between 
these groups.  Both Agus and Umar welcomed the idea. 
 
¶11.  (SBU) Katz congratulated Agus and Umar on their 
successes and noted that reports of their actions had been 
received in Washington.  He encouraged them to continue 
their efforts, and suggested particular attention be paid to 
Jakarta's most notorious malls.  Umar said his unit would 
remain focused on Ratu Plaza, Mangga Dua and Harko-Glodok, 
but added that raids on Harko-Glodok posed risks.  On June 
22 some Jakarta police ran into physical resistance when 
they attempted to conduct a limited raid on Harko-Glodok's 
street vendors, located some distance away from its main 
wholesale distribution center. 
 
¶12.  (SBU) Umar, a son-in-law of Indonesia Anti-Corruption 
Chairman Taufikurrahman Ruki, said that support for 
Metropolda's efforts came directly to him from General 
Sutanto.   He provided Katz with a tour of Metropolda's 
halls and warehouse filled with growing sacks of seized 
pirated ODs and DVD burners.  Sometime in July, the police 
plan to hold a public destruction ceremony with support from 
the Motion Pictures Association (MPA).  An investigator for 
a local law firm, who works part-time for MPA and supports 
Metropolda's raids, has recently accepted a second DOJ 
ICITAP one-year senior technical advisor position to support 
INP IPR enforcement efforts. 
 
¶13. (SBU) In a separate meeting on June 23, INP Headquarters 
Special Economic Crimes Colonel Police Rycko Amelza Danniel 
told Katz that INP Police Chief General Sutanto has ordered 
his unit to work with North Jakarta police units to develop 
a plan for shutting down Harko-Glodok.  Rycko added that his 
unit would also begin collecting data from police raids, 
seizures and arrests from major urban centers across 
Indonesia. 
 
AGO Remains Weak But Interested 
------------------------------- 
 
¶14. (SBU) Although he did not provide detailed information, 
AGO Acting Deputy Attorney General for Special Crimes Abdul 
Hakim Ritonga on June 23 informed Katz that the Jakarta AGO 
had prosecuted roughly a dozen IPR cases over the past year. 
He admitted that until recently IPR has not been a high 
priority.  He suggested the AGO could raise the profile of 
IPR by including it under the purview of the AGO's newly 
created Transnational Crimes Task Force.  Katz remarked that 
detailed data on IPR prosecutions and convictions throughout 
Indonesia would be very useful for the Special 301 decision- 
making process.  Ritonga said that he could gather such 
information, provided the U.S. Embassy formally requested 
it. 
 
¶15.  (SBU) Katz showed the Ritonga Metropolda's data on 
raids, arrests and investigations since the beginning of 
this year, and asked if the AGO could tell us what happened 
with each case.  Ritonga said it was possible, but warned 
that, while police have recently referred many IPR-related 
case files to the AGO, their cases were often poorly 
investigated, lacked sufficient evidence, or were intended 
to simply to boost police arrest numbers and impress 
superiors.  Ritonga said he would support joint workshops 
with the police, AGO and courts on IPR evidence collection, 
investigations and prosecutions. 
 
Draft Customs Law Includes Ex Officio Powers 
-------------------------------------------- 
 
¶16. (SBU) Ministry of Finance Directorate General of Customs 
IPR Unit Chief Okto Iranto on June 22 told Katz that the 
 
JAKARTA 00008114  004 OF 005 
 
 
GOI's new draft customs law contained the same ex officio 
powers contained in the existing 1995 customs law.  The new 
customs law, however, is intended to resolve court 
jurisdiction issues that held up the issuance of 
implementing regulations for the ex officio power. Okto said 
that Indonesia Customs is eager to obtain the new authority, 
as it will enable customs officers to detain temporarily 
suspected shipments of pirate or counterfeit goods.  He 
added that Customs has consulted closely with local IP 
industry representatives on the status of ex officio powers 
in the draft law, including the  American Chamber of 
Commerce IPR Committee on May 2.  The issue was also 
discussed throughout a May 16-18 USPTO-Indonesia Customs 
workshop in Jakarta that included presentations and 
participation by senior Customs officials and IP industry 
representatives.  Okto said that the GOI has set a deadline 
by the end of this year to enact the new Customs law and 
accompanying implementing regulations. 
 
Other GOI Efforts 
----------------- 
 
¶17. (SBU) During their June 21 meeting, Bari informed Katz 
of several other ongoing IPR related efforts within his 
office.  The Directorate of IPR is cooperating with the 
Japan International Cooperation Agency (JICA) in conducting 
15 IPR public awareness seminars throughout Indonesia this 
year for officials, academics, students and the press.  DG 
IPR also collaborated with the European Commission-ASEAN IPR 
Co-operation Program] in holding a May 22-23 workshop in 
Jakarta on civil and criminal court proceedings.  Lastly, DG 
IPR Abdul Bari Azed on June 6 gave opening remarks at the 
opening of a BSA representative office in Jakarta. 
 
Amcham Members See Improved Enforcement and Cooperation 
--------------------------------------------- ---------- 
 
¶18. (SBU) At a June 22 meeting with Katz, Amcham IPR 
Committee members were in agreement that police were 
improving IPR enforcement and cooperation.  An MPA 
representative said that, for the first time, police were 
conducting raids on their own initiative and were no longer 
requiring formal complaints to act.  She attributed this to 
General Sutanto's December 2005 instruction to district 
police chiefs ordering them to step up IPR enforcement 
activities, particularly against pirated ODs.  The MPA 
representative noted that Jakarta police raids on Ratu Plaza 
and Mangga Dua Mall, however, stopped after Indonesia was 
retained on the Priority Watch List in May, but that police 
continued raids at other locations across the city. 
 
¶19. (SBU) A representative of a major U.S. cigarette 
manufacturer said that he has received very good cooperation 
from police and customs over the last year in seizing large 
shipments of counterfeit cigarettes.  In these cases, 
customs is able to make seizures without ex officio powers 
because the counterfeit cigarettes have counterfeit excise 
stickers that violate Indonesia's tax laws.  He added that 
his company was considering a plan to provide equipment and 
training to some police units.  He noted that one unit he 
works closely with in the Riau Islands has 70 officers but 
severely lacks other resources: it has only two vehicles, 
one telephone line, no internet, and a yearly operating 
budget of USD 12,000. 
 
¶20. (SBU) A Business Software Alliance (BSA) representative 
added that police also lack resources to move and properly 
store cumbersome and sensitive optical disk production 
machinery seized during raids.  Police are scared that if 
the machinery is damaged while under their custody, the 
courts may rule that they pay compensation to the owners. 
Consequently, police customarily seal OD machinery with 
police tape at factories, and it is often just a matter of 
days before pirates break the seals move the machinery or 
simply begin operating again. 
 
Comment 
------- 
 
¶21.  (SBU)  The GOI continues to make steady progress on 
IPR, and high level backing from the Police Chief and 
Attorney General bodes well.  Closer cooperation between the 
MOI, police and AGO will be important for ensuring effective 
factory monitoring and greater prosecutions of pirates.  Our 
new senior technical advisors at the MOI and police, and a 
new Embassy resident legal advisor with considerable IPR 
 
JAKARTA 00008114  005 OF 005 
 
 
experience, should provide valuable new tools for assisting 
the GOI with these challenges. 
 
¶22. (U) USTR Director David Katz has cleared this cable. 
SILVER

A separate cable says that “[o]ne of the ICT National Team’s stated objectives is to work towards legalizing all government software, regardless of whether it is open source or licensed.” Here is the full cable:


UNCLAS SECTION 01 OF 03 JAKARTA 000475 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
FOR EAP/MTS; EB/TPP/IPE JBOGER 
COMMERCE FOR 4430/BERLINGUETTE AND PETERS 
COMMERCE PASS USPTO FOR URBAN AND FOWLER 
DEPT PASS USTR FOR DKATZ, JGROVES, RBAE, CCOLLEY 
 
E.O. 12598: N/A 
TAGS: ECON [Economic Conditions], ETRD [Foreign Trade], KIPR [Intellectual Property Rights], ID [Indonesia] 
SUBJECT: INDONESIA IPR - ANNUAL SPECIAL 301 SUBMISSION 
 
Ref: a) State 07944; b) Jakarta 00011 
 
¶1. (SBU) Summary:  Since Indonesia's upgrade to the Special 301 
Watch List in November 2006, the Government of Indonesia (GOI) has 
continued to make steady progress towards improving its enforcement 
and protection of intellectual property rights (IPR).  A National 
Intellectual Property (IP) Task Force now holds regular interagency 
coordination meetings, and President Yudhoyono (SBY) signed a decree 
in November 2006 committing the GOI to legalize all its computer 
software.  Parliament passed a new Customs Law on November 15 that, 
when fully implemented, will provide ex officio powers for Customs 
Officials to seize suspected infringing products.  Jakarta 
Metropolitan Police continue to elicit praise from local and 
regional International Intellectual Property Association (IIPA) 
representatives for raids on notorious malls, vendors, distributors 
and factories.  The Ministry of Industry's Optical Disk Factory 
Monitoring Team (ODFMT) inspected registered factories in November 
2006 and February 2007 and issued initial warning letters to some 12 
optical disk (OD) factories.  The Ministry of Industry (MOI) plans 
to assign full-time staff to the ODFMT, conduct more regular 
inspections (including inspections after hours), and begin 
sanctioning non-compliant factories.  A recent Supreme Court ruling 
in favor of the company Intel in a trademark infringement case case 
bodes well for future cases. 
 
¶2.  (SBU) Summary, continued. Despite these steps, the GOI needs to 
further improve the operations of the ODFMT and involve the police 
more closely in the ODFMT's operations.  It also needs to step up 
prosecutions and deterrent convictions of IPR violators and combat 
book piracy and pharmaceutical counterfeiting.  But the GOI is 
steadily taking ownership over the IPR issue, and our interactions 
with Indonesia on the issue have grown less confrontational and more 
collaborative.  To further encourage this important U.S. policy 
success, we recommend that Indonesia remain on the Watch List for 
the entire 2007 Special 301 regular cycle.  End Summary. 
 
¶3.  (SBU) In response to Ref A, we reviewed this year's Special 301 
submissions from the GOI, IIPA, Intel, PhRMA, and the Phillip Morris 
Company.  In general, we agree with their data, characterizations, 
and assessments of the state of IPR protection and enforcement in 
Indonesia.  Piracy and counterfeiting rates remain high and, 
although improving, enforcement remains weak.  At the same time, GOI 
engagement and political will continue to improve and are gaining 
their own momentum. 
 
National IP Task Force Remains Active 
------------------------------------- 
 
¶4. (SBU) According to GOI contacts, The National IP Task Force 
continues hold regularly scheduled quarterly working level meetings, 
as well less frequent senior and Ministerial-level meetings.  At the 
working level, the Task Force has developed a national IP strategy 
and strengthened data collection and interagency coordination. 
However, the lack of a formal budget continues to hamper the Task 
Force, and it must rely on limited funding from the Ministry of 
Justice Directorate General for IPR.  Nevertheless, the Task Force's 
regular interagency meetings, particularly those of senior and 
ministerial level officials, are encouraging greater GOI focus on 
IPR.  Following the first Task Force meeting last year, for example, 
the Minister of Justice and National Police Chief collaborated in 
developing a clever, animated TV spot emphasizing the costs of 
piracy on Indonesia's culture and creative arts. 
 
SBY Leads Efforts to Legalize GOI Software 
------------------------------------------ 
 
¶5.  (SBU) There are other recent examples of growing GOI initiative 
and high-level political will to improve IPR protection.  On 
November 13, SBY signed a decree establishing an Information 
Communication Technology National Team.  The team consists of 
academics, business leaders and GOI officials and aims to create an 
IT regulatory regime that can contribute to economic growth, job 
creation and poverty alleviation.  One of the ICT National Team's 
stated objectives is to work towards legalizing all government 
software, regardless of whether it is open source or licensed. 
Further, the Team will also pursue approaches to cracking down on 
the use of pirate software in internet cafes, universities and the 
private businesses.  The ICT team will report directly to President 
SBY and work out of an office at the Ministry of Communication and 
Information Technology. 
 
¶6.  (SBU) Two months after SBY signed the decree, Minister of 
Communication and Information Sofyan Djalil signed an MOU with PT. 
Microsoft Indonesia, under which the software maker will help GOI 
ministries legalize and upgrade their MS Windows products at a 
significantly discounted price.  Although there has been some public 
 
JAKARTA 00000475  002 OF 003 
 
 
criticism of the MOU, including by State Minister for Research and 
Technology Kusmayanto Kadiman, SBY has stood behind the agreement. 
PT Microsoft Indonesia President Director Tony Chen recently told us 
he was "astonished" by the GOI's growing commitment to legalize its 
software and recommended we encourage the GOI by maintaining 
Indonesia on the Special 301 Watch List. 
 
Customs Law Enacted with Ex Officio Powers 
------------------------------------------ 
 
¶7.  (SBU) Parliament passed a new Customs Law on November 15, 2006, 
that, when fully implemented, will provide ex officio powers for 
Indonesian Customs officials to seize suspected infringing products 
without a court order.  The new law retains ex officio powers that 
existed in the old law, but also clears up court jurisdictional 
issues that had blocked their implementation.  Indonesia Customs 
expects to promulgate the new law's implementing regulations, 
including those pertaining to ex officio powers, by the end of 
2007. 
 
Jakarta Police Sustaining Enforcement 
------------------------------------- 
 
¶8. (SBU) As noted in the GOI's submission, and confirmed by local 
IIPA representatives, the Jakarta Metropolitan Police have sustained 
enforcement actions against malls, vendors, distributors and 
factories of pirated optical discs.  Ratu Plaza, Indonesia's most 
notorious modern market for pirated ODs, has been the subject of 
repeated raids, and one Motion Pictures Association (MPA) regional 
representative told us recently that some of Ratu's vendors have 
given up or moved to other, less-centrally located malls.  That same 
MPA representative described the Jakarta Police's continuing police 
cooperation as "brilliant" and he too recommended Indonesia remain 
on the Watch List.  Our EEB-funded senior IPR technical advisor has 
been instrumental in training and encouraging the Jakarta Police to 
step up their IPR enforcement.  Looking forward, the advisor will 
work to encourage greater police collaboration with the ODFMT and 
prosecutors, as well as greater police enforcement actions beyond 
the boundaries of metropolitan Jakarta. 
 
Monitoring Team Yielding Some Results 
------------------------------------- 
 
¶9. (SBU) As noted in ref b, the ODFMT, with training and planning 
support from our second EEB-funded advisor, conducted monitoring 
visits to all registered optical disc factories in November 2006. 
The MOI subsequently sent 12 warning letters to factories observed 
to have irregularities.  However, the letters highlighted only minor 
infractions, and there has been little ODFMT follow-up.  Although 
the visits revealed weaknesses in the ODFMT's capacity and security 
procedures, they also gleaned useful baseline data on the capacity 
and activities of registered optical disc factories.  More 
importantly, the visits allowed the ODFMT to collect forensic 
exemplars from a majority of the known production machines in 
Indonesia's registered factories.  The International Federtion of 
the Phonographic" Industry (IFPI) continus to analyze tthese 
exemplars in its forensic laboratory in London, and already they are 
yielding important information. 
 
¶10.  (SBU) The ODFMT still requires considerable institution and 
capacity building to be fully effective.  The ODFMT does not have 
full-time monitors, and relies largely on MOI and Police officials 
temporarily seconded from other positions.  t needs direct support 
from the police, particulrly if it is tt c"n*duct visits at night 
and to wlll guarded factories.  The ODFMT also needs to impe ment a 
more credible system of warning and sanctioning factories in 
violation of laws and regulations. 
 
¶11.  (SBU) MOI Director General for Downstream Chemical Industries 
Benny Wahyudi told us on February 20 that the ODFMT visited seven 
factories on February 17, and inspected the five that were open and 
operating.  He promised to provide us with the results of those 
visits as soon as they were compiled.  Wahyudi agreed that the 
Monitoring Team needs at least one full-time staff member.  He 
noted, though, that this person might have to be a contractor, as 
the MOI did not have a specific budget and position set aside to 
staff the ODFMT.  Wahyudi also agreed that the MOI would need to 
work closer with the police and develop a more effective system of 
warning and sanctions.  He suggested that the Embassy senior advisor 
for the ODFMT would be instrumental in helping the MOI address these 
challenges. 
 
Glimmer of Hope in Intel Case 
----------------------------- 
 
¶12. (SBU) The Supreme Court's February 1 ruling in favor of Intel in 
 
JAKARTA 00000475  003 OF 003 
 
 
the Intel Jeans case is also a favorable development.  In the case, 
the court cancelled the trademark of a local brand of jeans, Intel 
Jeans, and ruled that Intel is entitled to trademark protection as a 
well known brand.  The ruling bodes well for the Supreme Court's 
upcoming decision in the appeal of Intel's Panggung case (the 
Indonesian firm PT Panggung produces a number of electronics 
products under the registered trademark "Intel").  While the 
Commercial Court's previous rulings against Intel in the Panggung 
case have been setbacks, Intel's legal counsel recently described 
the case as an aberration in the Commercial Court's otherwise 
respectable record in handling civil IPR cases, particularly those 
involving trademarks. 
 
Significant Concerns Remain 
--------------------------- 
 
¶13. (SBU) Despite the clear momentum on IPR issues, there are 
remaining concerns.  Indonesia's record on IPR prosecutions remains 
poor.  Frequent prosecutor rotations, lack of transparency, and 
corruption make this a daunting task; and high level political will 
and support will be critical to making headway on IPR convictions 
and prosecutions.  Pharmaceutical counterfeiting and book piracy 
also remain largely unchecked.  GOI officials tell us frequently 
that they consider pharmaceutical counterfeiting to be a serious 
health concern for the country, as well as a potential rallying 
point for greater public support for IPR protection and enforcement. 
 Key GOI officials have endorsed a University of Indonesia study 
revealing alarming pharmaceutical counterfeiting rates and its high 
cost to the Indonesian economy.  The GOI, however, has yet to 
effectively engage the pharmaceutical industry on these issues. 
Book piracy remains rampant in universities and local bookshops. 
Indonesia has yet to develop an association or other means through 
which publishers and authors can collect and distribute book 
royalties.  The GOI would very likely welcome U.S. technical 
assistance in this area. 
 
Watch List is the Best Option 
----------------------------- 
 
¶14. (SBU) Over the past two years, the combination of a 
reform-minded government in Indonesia and five regular or 
out-of-cycle Special 301 reviews has done much to change our 
interactions with the GOI on IPR issues.  GOI leaders are pursuing 
initiatives to promote IPR that were a only short time ago beyond 
our expectations.  At the same time, our relationships with working 
level contacts have become much more collaborative, particularly 
following Indonesia's removal from the Priority Watch List last 
November.  Four months later, although much work remains, the GOI is 
moving forward on IPR issues largely under its own steam.  With the 
GOI taking increasing ownership of the issue and steadily improving 
its IPR enforcement and protection, we believe a third consecutive 
OCR would be counterproductive.  Accordingly, Embassy Jakarta 
recommends strongly that Washington agencies retain Indonesia on the 
Special 301 Watch List for the 2007 regular Special 301 cycle, with 
no OCR. 
 
HEFFERN

We will cover some more Indonesia cables in a separate post.

Cablegate: State Governments in India Prefer Open Source Code

Posted in Asia, Cablegate, Free/Libre Software, GNU/Linux, IBM at 5:48 am by Dr. Roy Schestowitz

Cablegate

Summary: A diplomatic cable about IBM, Linux and Free/open source software

The following Cablegate cable talks about IBM and Linux. It also states that “[t]he use of an open source code Linux is another area of focus for IBM India. The company formed an IBM Linux Competency Center and Linux Solution Center in Bangalore to establish product standards, further Linux R&D as well as to localize products for an increasingly global customer base with local content requirements. State governments in India are big customers as they prefer open source code that enables development of local language fonts.”

Here is the Cablegate cable in full:


VZCZCXRO6031
RR RUEHBI RUEHCI
DE RUEHCG #2571/01 3260727
ZNR UUUUU ZZH
R 220727Z NOV 06
FM AMCONSUL CHENNAI
TO RUEHC/SECSTATE WASHDC 0443
INFO RUEHNE/AMEMBASSY NEW DELHI 2087
RUEHBI/AMCONSUL MUMBAI 4907
RUEHCI/AMCONSUL CALCUTTA 0647
Hide header
UNCLAS SECTION 01 OF 03 CHENNAI 002571 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON [Economic Conditions], EINV [Foreign Investments], 
EINT [Economic and Commercial Internet], IN [India; Andaman Islands; 
Lakshadweep Islands; Nicobar Islands] 
SUBJECT: IBM INVESTS BIG IN INDIA: HUMAN RESOURCES 
ARE KEY 
 
REF: CHENNAI 1187 
 
¶1. (U) Summary:  Riding the crest of a $6 billion 
investment, IBM India plans to expand its Bangalore 
research and development (R&D) operations and in 
doing so will unleash a new human capital thrust in 
already talent-hungry south India.  The company 
anticipates its Indian workforce will triple in the 
next five years.  An expanding market in India for 
U.S. manufactured mainframes and network software 
services presents an opportunity the company does not 
plan to miss. Increasing demand for remote management 
of global client networks is another revenue stream 
for IBM India. Simultaneous investments in open 
source software protocol and capacity building 
spearhead the companyQs effort to market e-governance 
solutions in the Indian market.  To meet its expanded 
human resource requirements, IBM plans to initiate 
in-house staff training programs, marking a notable 
shift from its past strategy of hiring employees away 
from competitors.  Indian software companies, already 
experiencing a human capital crunch, are now 
struggling to quickly respond and prevent attrition, 
fearful of losing skilled employees to their 
competitors.  End summary. 
 
----------------- 
All bets on India 
----------------- 
 
¶2. (U) On June 6 Sam Palmisano, IBMQs Chairman, 
announced investment plans in India of $6 billion 
over a five year period (reftel).  The company 
remains reluctant to disclose the details of its 
investment strategy, but during a recent meeting in 
Bangalore with visiting New Delhi DCM Pyatt, Inder 
Thukral, Director Strategy and Business Development 
at IBM India told post that emphasis will be on 
research and development of telecommunication and 
netware solutions for IBM operations worldwide.  The 
desire to leverage even further IndiaQs large highly- 
skilled labor force led to this investment move, 
Shankar Annasamy, Managing Director IBM India told 
us.  The company expects to triple its workforce from 
the current 47,000 employees at 25 locations in the 
next five years. 
 
----------------------------------------- 
India: IBMQs research and development hub 
----------------------------------------- 
 
¶3. (U) IBM India, with $2 billion in current 
investments, is the proverbial Q800-pound gorillaQ of 
IT research and development in the country.  The 
companyQs India-based teams account for over 30% of 
IBMQs global R&D on network and communications 
solutions.  With its latest investment, the company 
has rapidly diversified to meet its R&D needs:  The 
IBM Innovation Center in Bangalore provides an 
institutional platform for software service suppliers 
and is a critical testing ground for new products in 
both the Indian and global market. IBMQs India 
Software Lab, with facilities in Bangalore and Pune, 
also develops and supports IBM software products for 
worldwide operations.  In addition, the high- 
performance On Demand Lab develops specialized 
software to automate and virtualize the complex 
information technology infrastructure of clients 
located in the south Asian region.  To further 
hardware development, the Engineering and Technology 
Services Center designs advanced chips, cards and 
systems to meet customer requirements across Asia. 
 
------------------------------------------ 
India: A big market for US made mainframes 
------------------------------------------ 
 
¶4. (U) IBMQs U.S. manufactured main frames have 
captured the booming Indian main frame market.  The 
company holds an 80 percent share of IndiaQs 
estimated $250 million market for main frames.  The 
market is currently growing at 55 percent, with much 
of the growth coming from mid-sized Indian 
businesses.  Main frames offered to the Indian market 
are pre-positioned at the companyQs Bangalore-based 
Innovation Center to enable potential customers to 
experience the computing power and capabilities of 
the machines.  IBMQs service oriented architecture 
that facilitates communication between different 
business segments located in various locations has 
 
CHENNAI 00002571  002 OF 003 
 
 
found favor in India and helped IBM secure a $100 
million deal with Bharti-Airtel, one of IndiaQs 
largest mobile phone service providers. 
 
------------------------------------------- 
Open source products spearhead E-governance 
------------------------------------------- 
 
¶5. (U) The use of an open source code Linux is 
another area of focus for IBM India.  The company 
formed an IBM Linux Competency Center and Linux 
Solution Center in Bangalore to establish product 
standards, further Linux R&D as well as to localize 
products for an increasingly global customer base 
with local content requirements.  State governments 
in India are big customers as they prefer open source 
code that enables development of local language 
fonts. 
 
-------------------------------- 
IBMQs BPOs transform outsourcing 
-------------------------------- 
 
¶6. (U) Leveraging IndiaQs large talent pool of 
network managers, IBM India services clients around 
the world via satellite and fiber optic networks from 
its global operations hub in Bangalore.  IBM Daksh, a 
back office unit which the company acquired in 2004, 
accounts for nearly 50% of the companyQs staff in 
India and is expected to contribute over half of the 
company revenues in the next five years.  Similar to 
other BPO operations such as local giants Infosys and 
Wipro, Daksh provides services for clients involved 
in retail, technology, banking, mortgage, energy and 
life insurance.  The range of services includes 
application processing, account maintenance, data 
conversion services, logistics management, claims 
processing, email support and financial services. 
According to IBM executives, this line of business 
registered some of the fastest growth rates for IBM 
in recent history. 
 
---------------------------------------- 
In-house training to meet in-house needs 
---------------------------------------- 
 
¶7. (U) IBMQs recent investment spike comes at a time 
when a fiercely competitive hiring climate is forcing 
top leadership to rethink its human resource 
strategy. In the past the company notoriously 
QpoachedQ experienced individuals from local firms. 
Looking for new HR capacity building vehicles, 
company executives are emphasizing university 
recruitment to attract and train new waves of fresh 
engineering graduates, or Qfreshers.Q  Yet this may 
be a tall order in a time when A-list tech firms are 
vying for talent, and freshers with experience under 
their belt are job-hopping for bigger and better 
packages.  Nonetheless, IBM executives are betting on 
a combination of higher salaries and their global 
brand equity to ensure a steady talent pool. 
 
¶8. (U) Strategic partnerships with elite Indian 
technology institutions are also enabling IBM India 
to further leverage local human capital expertise. 
IBMQs Center for Advanced Studies, for example, 
maintains a close relationship with prestigious 
institutions such as the Indian Institute of 
Technology (IIT) Chennai that leads directly into 
software R&D.  The company has a similar program with 
the Indian Institute of Science in Bangalore and 
plans to expand its partnerships with other high- 
caliber institutions across India. 
 
--------------------------------------------- -------- 
Expansion plans leave Indian software companies 
scared 
--------------------------------------------- -------- 
___ 
 
¶9. (U) Comment:  IBMQs investment announcement sent a 
minor wave of anxiety through the Indian software 
industry, which is already struggling to control 
costs.  InfosysQ Human Resource Director told us his 
company is trying to preempt potential attrition by 
offering a 30% salary hike.  Mindtree Consulting, a 
medium sized software development company, plans to 
tap bright talent as early as the secondary school 
level.  The company hopes to partner with U.S.-based 
universities to offer recruits a degree in 
 
CHENNAI 00002571  003 OF 003 
 
 
engineering at the end of a five year stint. 
Whatever strategy adopted, representatives of both 
Infosys and Mindtree told us that IBMQs investment 
plans will dramatically alter IndiaQs software 
business landscape and long-term human capital 
strategy. End comment. 
 
¶10. (U) This message was coordinated with Embassy New 
Delhi. 
 
HOPPER

In later cable we are going to see some more evidence of warming up to FOSS.

12.28.11

Cablegate: Brazil Advocates, Praises “the Usefulness of Free, Open Source Software”

Posted in America, Cablegate at 7:45 pm by Dr. Roy Schestowitz

Cablegate

Summary: Some interesting words from Brazil (source: CSTD Paris panel meeting on WSIS)

According to the following Cablegate cable, Brazil’s representative “emphasized that free and open source software helps to reduce costs, particularly in e-government.”

Also, “Brazil noted that the elements for a roadmap for digital inclusion included [...] the usefulness of free, open source software.”


null
Lucia A Keegan  11/17/2006 11:17:27 AM  From  DB/Inbox:  Lucia A Keegan

Cable 
Text:                                                                      
                                                                           
      
UNCLAS    SENSITIVE     PARIS 07358

SIPDIS
cxparis:
    ACTION: SCI
    INFO:   DCM POL LABO ENGO ECSO AGR UNESCO AMBO SCIO AMB
            ECON ESCI

DISSEMINATION: SCIX
CHARGE: PROG

APPROVED: ESTH RDRY/ECON SDWYE
DRAFTED: ECON: HSULLIVAN; EST
CLEARED: CLEAR: USOECD: JMALLORY

VZCZCFRI245
RR RUEHC RUCNDT RUEHGV RUEHZN
DE RUEHFR #7358/01 3171627
ZNR UUUUU ZZH
R 131627Z NOV 06
FM AMEMBASSY PARIS
TO RUEHC/SECSTATE WASHDC 3066
RUCNDT/USUN NEW YORK
RUEHGV/USMISSION GENEVA 2524
RUEHZN/EST COLLECTIVE 

UNCLAS SECTION 01 OF 05 PARIS 007358 
 
SIPDIS 
 
STATE FOR IO/EDA, OES, EB/CIP, EUR/WE 
 
SENSITIVE BUT UNCLASSIFIED 
 
E.O. 12958:  N/A 
TAGS: ECPS [Communications and Postal Systems], TINT [Internet Technology], KWWW [World Wide Web Site], PREL [External Political Relations], FR [France; Corsica] 
SUBJECT: CSTD PARIS PANEL MEETING ON WSIS OUTCOME PRODUCES GUIDANCE 
DOCUMENT 
 
NOT FOR INTERNET DISTRIBUTION. 
 
¶1.  (U) Summary: The November 6-8, 2006 Paris Panel Meeting of the 
UN Commission on Science and Technology for Development (CSTD) Panel 
Meeting on WSIS outcome "Promoting the building of people-centered, 
development-oriented, and inclusive information society, with a view 
to enhancing digital opportunities for all people" did not raise 
significant 'red flags' for the U.S., with the exception of Brazil's 
occasional assertions that the Committee should address "internet 
governance."  On the margins of the meeting, U.S. officers who 
attended as observers reminded Commission leadership and staff that 
internet governance issues were not appropriate subjects for the 
Panel Meeting, and Commission leadership agreed.  Some participants 
(e.g., Brazil, Germany) were clearly taking directions from their 
capitals while others (e.g., Ethiopia) appeared little aware at the 
beginning of the meeting why the Commission was focusing on the 
Information Society.  In general, however, delegates came 
well-informed and engaged in the discussions.  Commission leadership 
appreciated the presence of U.S. officers as observers.  The Panel 
produced a document -- still subject to minor language editing 
changes -- in response to ECOSOC's resolution 2006/46, which had 
requested the Commission's review of this WSIS outcome.  The 
document is produced in full at para. 15, below.  End Summary. 
 
----------------------------------------- 
Information Society - People-centered and Inclusive 
----------------------------------------- 
 
¶2. (U)  The UNCTAD-provided Secretariat began the three-day meeting 
by explaining the purposes for the Commission's Panel Meeting and 
defining the concept of a people-centered, development-oriented and 
inclusive information society as a framework for development.  The 
Secretariat provided a chart showing the differences of internet 
 
SIPDIS 
penetration in various continents and also on the varying rates of 
growth.  The Secretariat noted that in Africa, although internet 
penetration in 2005 was only 3.6 percent, over the decade 1995-2005, 
internet use grew by 600%.  The Secretariat noted that governments 
should focus on a people-centered, development-oriented, inclusive 
Information Society, consistent with WSIS decisions.  Inclusive 
means that all stakeholders should participate, with benefits and 
opportunities available to all.  The purpose of the Information 
Society is to improve the quality of life for consumers, the 
Secretariat continued.  Various stakeholders have different roles. 
 
SIPDIS 
The government should develop national e-strategies, create an 
investment-friendly environment, deregulate, privatize, and 
liberalize the telecommunications sector.  The private sector will 
develop and finance the internet and its infrastructure.  Civil 
society will focus on local issues, while international 
organizations will help implement the WSIS. 
 
¶3. (U)  According to the Secretariat, the main obstacles to 
narrowing the digital divide are: 
 
- The high cost of telecommunications for the poor in developing 
countries; 
 
- Lack of human resources to develop the information infrastructure 
exacerbated by a brain drain of qualified personnel; 
 
- Lack of local content, which limits its usefulness to poor, rural 
populations. 
 
¶4. (SBU) In the ensuing discussion session, Charles Geiger, WSIS 
Executive Director from 2003 to 2005, commented substantively that 
governments should not try to control the direction of technology or 
internet growth since the technology was moving faster than 
governments could grasp developments.  For example, he suggested, 
the growth in mobile telephony occurred organically, not as a result 
of WSIS outcomes.  However, governments should use information 
communication technology (ICT) in the health sector, to promote 
transparent government (e-government), and improve distance 
learning.  These measures would promote social development, 
according to Geiger. 
 
¶5. (U) The Greek delegate said that he was surprised that in some of 
the examples of countries discussed that mobile telephony 
penetration surpassed that of fixed line.  Geiger replied that, in 
many areas of the developing world, mobile penetration is greater 
because of the lack of protection, as in the wireline world.  He 
noted that in India, one might have to wait seven years for a 
wireline telephone, but consumers could get mobile phones in 24 
hours.  Additionally, the decrease in mobile phone rates have made 
them more affordable than fixed line telephones in many areas. 
 
--------------------------------------------- ---- 
Brazil Opposes a Focus on Investment; CSTD Demurs 
--------------------------------------------- ---- 
 
¶6. (SBU) The Brazil representative thought that CSTD should focus on 
decentralization.  If governments tried to plan too much, they would 
not succeed because technology evolves faster than governments can 
plan.  Second, the Commission should downplay the role of foreign 
investment since the primary development should be at the community 
level.  Brazil, he commented, had 90 percent television penetration, 
while the internet had only reached 13 percent.  To wait for this 
percentage to slowly increase would be slower than the switch to 
digital TV, which would allow for interaction between the two 
systems.  He also emphasized that free and open source software 
helps to reduce costs, particularly in e-government.  No one else 
took up these points, except that Sudan expressed interest in the 
technology permitting greater interactivity with television systems. 
 Geiger emphasized that UNCTAD was not the WTO (implying that Brazil 
should not bring its GATS telecom mode 3 agenda into this forum.) 
 
------------------------------ 
CSTD Reviews WSIS Action Items 
------------------------------ 
 
¶7. (U) In a subsequent intervention, Geiger ran through the eleven 
action items from the Geneva WSIS Summit, reviewing which 
organizations were responsible for follow-up on each action item. 
He noted that the UN Group on Information Society (UNGIS) was 
created on July 14, 2006 to coordinate implementation of WSIS.  Its 
effectiveness would be proportionate to the extent that responsible 
UN agencies (primarily the ITU, UNDP, and UNESCO) provided it input, 
he suggested.  On April 17, 2006, the Global Alliance for 
Information and Communication Technology formed to provide private 
sector and civil society input into the CSTD's work.  Likewise, 
according to Geiger, the UNDP and the World Bank ought to be engaged 
with the CSTD's work so that its recommendations could be filtered 
into organizations that had financing capabilities. 
 
¶8. (SBU) Brazil responded by noting that the CSTD's role is to 
review and assess implementation of WSIS, not implementation itself. 
 However, to do so effectively, the CSTD needed to have better 
feedback on what the various UN agencies were doing to implement the 
WSIS outcomes.  Furthermore, the eleven action items from the Geneva 
conference should not be the sole scope of coverage since limiting 
its work to those would ignore the outcomes from the second WSIS 
Summit in Tunis.  Geiger agreed.  He noted that Brazil's position on 
internet governance "has always been very strong," but questioned 
the extent that the CSTD could effectively work on all WSIS issues. 
 
 
¶9. (SBU) The Romanian delegate suggested that CSTD create five 
parallel groups that would focus on implementation of the various 
recommendations.  Turkey noted that the recommendations were not 
mutually exclusive. 
 
------------------------------------- 
Summary of Individual Country Reports 
------------------------------------- 
 
¶10. (SBU) Commission members gave a number of reports regarding the 
state of the information society in their respective countries.  The 
German representative presented on a study that the GOG performed 
for the German Parliament on internet usage in Sub-Saharan African 
educational institutions.  It concluded, inter alia, that the 
internet could not solve many of the problems that African 
educational institutions faced such as large class sizes, poor 
salaries for teachers, and lack of funding.  However, it could, for 
example, spur joint programs between various institutions to share 
ideas about curriculum development. 
 
¶11. (U) The Lesotho representative gave a brief presentation about 
efforts it is undertaking to provide an environment conducive to 
building an information society involving, for example, new 
telecommunications laws.  Lesotho said that it would need 
multilateral assistance to achieve its goals.  Sudan presented its 
experiences, noting that internet only exists in big cities and 
towns, while 75 percent of the population lives in rural areas. 
Sudan uses solar energy to power its ICT in rural areas.  It has 
placed emphasis on connecting its universities and polytechnic 
institutions.  Sudan plans to establish a science park managed by 
specialized professionals to stimulate and manage the flow of 
knowledge and technology among universities, R&D institutions, 
companies and markets.  It also aims to facilitate the creation and 
growth of innovation-based companies through incubation, spin-off 
processes, and provision of other value-added services.  Sudan did a 
feasibility study on whether its science park could attract foreign 
and private sector investment.  The science park will cost USD 500 
million.  Phase One would cost USD 150 million, which a large Arab 
Gulf country has already provided.  This sum will finance, inter 
alia, communications and fiber optics requirements. 
 
¶12. (SBU) The Brazilian representative said that 97.2 percent of 
households have electricity, but, in the Amazon region, the 
percentage of households with electricity is much lower.  The 
percentage of the population with access to the internet is also not 
evenly distributed, but in no area is it over 30 percent except for 
Brazilia.  Brazil therefore has planned to introduce digital TV with 
the possibility of interactivity.  Through a remote control system, 
Brazilians can access TV on demand.  This is an opportunity for 
digital inclusion since internet reaches so few people and will take 
a long time to grow organically.  Brazil noted that the elements for 
a roadmap for digital inclusion included: noting countries' 
experience; promoting democratic governance based on transparency, 
accountability, and participation; infrastructure according to 
community interest; commitment to local development; the promotion 
of e-government; and the usefulness of free, open source software. 
The role for ECOSOC and CSTD should be to coordinate public policy 
issues at the international level and internet governance, according 
to the Brazilian representative. 
 
¶13. (U) The Moroccan representative discussed various initiatives 
the government was taking to promote connectivity in its educational 
system. She also mentioned the Casablanca Technopark, which boasts 
140 ICT companies with 750 permanent job positions. 
 
¶14. (U) Geiger, Hamdi, the delegates from Brazil, Chile, the GAID, 
and another NGO met following closure of the second day to propose 
how the instant CSTD Panel Meeting should make recommendations for 
the benefit of the tenth session of the CSTD, to be held in May 
2007.  That group prepared a document which was accepted - subject 
to minor revisions (yet to be included in the draft) on the 
following day.  The document, read by the Chilean delegate is as 
follows: 
 
---------------------------- 
CSTD Recommendation Document 
---------------------------- 
 
¶15. (U) The text of the 'Recommendation' document produced by the 
special CSTD Panel Meeting held in Paris, November 6-8, 2006 to 
provide guidance to the CSTD's Tenth Session to be held in May 2007 
follows.  Begin text: 
 
"The World Summit on the Information Society (WSIS) adopted a vision 
of a people-centered, development-oriented, and inclusive 
information society, with the view to creating digital opportunities 
for all people.  The Tunis Agenda for the Information Society, 
adopted in 2005 by the WSIS and endorsed by General Assembly 
Resolution 60/252, requests the Council to oversee the system-wide 
follow-up of the Geneva and Tunis outcomes of the Summit, and to 
that end, requests the Council, at its substantive session of 2006, 
to review the mandate, agenda and composition of the Commission on 
Science and Technology for Development, including considering 
strengthening the Commission, taking into account the 
multi-stakeholder approach, 
 
In this regard, the ECOSOC Resolution 2006/46 requests the 
Commission to review and assess the progress made in implementing 
the outcomes of the Summit and advise the Council thereon, including 
through the elaboration of recommendations to the Council aimed at 
furthering the implementation of the Summit outcomes, and that to 
that end, the Commission shall: 
 
-- review and assess progress at the international and regional 
levels in the implementation of Action Lines, recommendations and 
commitments contained in the outcome documents of WSIS; 
 
-- share best and effective practices and lessons learned, and 
identify obstacles and constraints encountered, actions and 
initiatives to overcome them and important measures for further 
implementation of WSIS outcomes; 
 
-- promote dialogue and foster partnerships in coordination with 
other appropriate UN funds, programs and specialized agencies to 
contribute to the attainment of the WSIS objectives and 
implementation of its outcomes, to use ICT for development and the 
achievement of internationally agreed development goals, with the 
participation of governments, the private sector, civil society, and 
the UN and other international organizations according to their 
different roles and responsibilities; 
 
Bearing in mind that the comprehensive review by the GA of WSIS will 
take place in 2015, and the ECOSOC requested that in its next 
session the Commission shall develop a multiyear work program, the 
Panel takes note of the issues paper presented by the Secretariat, 
and after considering this matter requests the Secretariat to make 
consultations with relevant stakeholders and to present to the 
Commission a draft program of work that should be flexible and 
inclusive. 
 
In order for the ECOSOC, through CSTD, to carry out its mandate of 
overseeing system-wide follow up of the WSIS effectively, it will 
require that the Commission has an effective interface with all 
agencies and mechanisms that are tasked with implementation of WSIS 
outcomes and other post-WSIS activities. 
 
In this regard, the Panel proposes the following: 
 
Multi-year work program and methods of work: 
 
The Panel requests the UNCTAD Secretariat to prepare a Note for 
consideration at the Tenth Session, which contains proposals for a 
multi-year work program of the Commission and new methods of work. 
This Note should take into account the timeframe for the 
comprehensive review, as well as the clustering and sequencing of 
thematic issues from WSIS outcome documents.  The work program 
should adequately address the thematic concerns of WSIS, but also be 
flexible enough to accommodate any future need for adjustment, in 
view of the fast pace of technological development.  To gather 
inputs on the work program, the Secretariat will carry out informal, 
open-ended consultations before February 2007, with a wide range of 
stakeholders.  These consultations could be scheduled back-to-back 
with meetings of action line facilitators and moderators. 
 
The Note should also elaborate on new methods of work of the 
Commission, including through interactive dialogues during its 
annual session, with the active participation of action line 
facilitators, and other agencies and mechanisms involved with the 
implementation of WSIS outcomes.  Additionally, the Note should 
propose concrete ways to explore development-friendly and innovative 
use of electronic media, drawing upon existing online databases on 
best practices, partnership projects and initiatives, as well as 
other collaborative electronic platforms, which would allow all 
stakeholders to contribute to follow up efforts, share information, 
learning from the experience of others and explore opportunities for 
partnerships. 
 
Since WSIS implementation constitutes ongoing activities over a wide 
area, which will be fast evolving, the Commission may have a wide 
range of topics to examine every year.  The Panel suggests that the 
Commission could invite the facilitators of action lines, and other 
agencies and mechanisms involved in implementation of WSIS, as well 
as members of other stakeholder groups, to participate in its annual 
session. 
 
The Panel also proposes that the Commission at its Tenth Session in 
May 2007 requests the United Nations system entities, including the 
regional commissions, engaged in the implementation of the Geneva 
and Tunis outcomes of the World Summit for the Information Society 
to collaborate closely with the Commission on Science and Technology 
for Development by providing it with periodic reports on the 
progress made in the implementation of the main themes and Action 
Lines of the World Summit for the Information Society, with a view 
to enabling the Commission to monitor, review and appraise progress 
achieved and problems encountered in the implementation, and to 
advise the Council thereon."  End text of document. 
 
------------------------------ 
CSTD leadership and commentary 
------------------------------ 
 
¶16. (SBU) Below are the CSTD leaders, who guided the discussion 
during the meeting: 
 
Chairman - Stefan Moravek, former Slovak Ambassador to South Korea 
and Kenya.  Aware of U.S. positions and 'red lines.'  Would welcome 
a U.S. return to the Commission. 
 
Vice President - Dr. Arnoldo K. Ventura, Special Adviser to the 
Prime Minister on Science and Technology, Jamaica. 
 
Executive Director - Charles Geiger.  Knows the WSIS 'inside out' 
having participated in both the Geneva and Tunis WSIS Summits.  Also 
aware of USG sensitivities regarding internet governance, and worked 
to assure this item remained "off the agenda."  He would like to see 
the U.S. become more involved in the work of the Commission. 
 
Secretariat -- Mongi Hamdi, Secretary to the UN Commission on 
 
SIPDIS 
Science and Technology for Development, Office of the Secretary 
General for UN Conference on Trade and Development (UNCTAD)  - Spent 
nearly 20 years in the U.S., first studying at Harvard and 
University of Southern California, followed by a long spell at UN 
Headquarters in New York (14 years).  His interventions emphasized 
the importance of investment in building infrastructure; the 
importance of deregulation; and focusing the role of government and 
international organizations on issues such as the digital divide. 
On the margins of the meeting, he asked U.S. observers to relay a 
request to Washington to rejoin the Commission, noting that USG 
interests could best be served by working as an insider rather than 
an outsider. 
 
President of Prepcom WSIS Tunis Phase - Ambassador Janis Karkins. In 
a WSIS follow-up presentation, he urged members and UN bodies 
working on WSIS issues to adhere to its mandate, to avoid reopening 
discussion of issues already addressed, and to operate within the 
allocated resources. 
 
¶17.  (SBU) Comment: The CSTD principals welcomed U.S. officers who 
observed (from USOECD, Science Officer Mallory on 11/6; Embassy 
Paris, ECON/Telcoms Officer Sullivan on 11/7; and Embassy Paris ESTH 
Couns Dry on 11/8).  They expressed interest in the USG becoming 
more engaged in the Committee, and believed with the expansion from 
30 to 40 members, there would be more participants that are 
"like-minded" with the U.S. on Information Society issues.  Many 
participants were clearly taking directions from their capitals, and 
delegates came well-informed and engaged in the discussions.  That 
said, the "reform" of this Commission is "a work in progress," 
although its work clearly is important to the task of development. 
Its present focus on WSIS implementation also makes its work 
relevant to the U.S.  End Comment. 
 
STAPLETON

More Cablegate cables will be covered here tomorrow.

Cablegate: Indian Ambassador Criticises UNESCO for Signing a Software Agreement With Microsoft (Updated)

Posted in Cablegate, Microsoft at 7:14 pm by Dr. Roy Schestowitz

Cablegate

Summary: A cable from 5 years ago shows that UNESCO deals we often criticise meet opposition behinds the scenes too

WHENEVER UNESCO promises to promote Free software we quickly see Microsoft showing up and turning UNESCO into what seems like corrupt imposition of Microsoft software on children. According to the following Cablegate cable, we are not alone with these concerns and to quote ¶6, ” The Indian Ambassador criticized UNESCO for signing a software agreement with Microsoft, stating that such an agreement had resulted in UNESCO abandoning efforts to develop open-source software. (COMMENT: It is not clear whether the Indian Ambassador is motivated by anti- globalization ideals, as she might like to suggest, or national interest, though we suspect the latter. The UNESCO open-source software project “Enrich” is being developed, in large part, by Indian software engineers. END COMMENT.) ADG Khan defended this partnership by stating that developing software is vital for capacity building, and added that UNESCO continues to work on open-source software. The Tunis Agenda, he reminded the audience, calls for private sector partnerships in this area, and UNESCO plans to increase them. The DG stated that UNESCO must maintain momentum in building partnerships with the private sector in areas covered by WSIS. The agreement with Microsoft does not mean that UNESCO will stop pursuing the idea of free and open software.”

Here is the full cable:

UNCLAS SECTION 01 OF 02 PARIS 001007 
 
SIPDIS 
 
FROM USMISSION UNESCO PARIS 
 
SENSITIVE 
 
E.O. 12958:    N/A 
TAGS: KPAO [Public Affairs Office], ECPS [Communications and Postal Systems], ETRD [Foreign Trade], 
ECON [Economic Conditions], EINT [Economic and Commercial Internet], ETTC [Trade and Technology Controls], 
UNESCO [UN Educational Scientific and Cultural Organization] 
SUBJECT:  FOLLOW-UP ON THE IMPLICATIONS OF THE TUNIS AGENDA 
FOR UNESCO 
 
REF:  PARIS 431 
 
¶1.   (SBU) SUMMARY:  On February 2, 2006 the UNESCO Director 
General (DG), Koichiro Matsuura, and Assistant Director 
General (ADG) for Communication and Information, Khan, held 
an information session for UNESCO's permanent delegations to 
outline the implications for UNESCO of the World Information 
Summit on the Information Society's (WSIS) Tunis Agenda. 
UNESCO's strategy at WSIS featured four key principles: 1) 
Freedom of expression, 2) Universal access to information 
and knowledge, 3) Respect for cultural and linguistic 
diversity, 4) Quality education for all.  According to the 
DG, UNESCO's delegation to Tunis clarified which action 
lines it would work on, distanced itself from the Internet 
governance debate, did not rule out the creation of new 
normative instruments, and reiterated its commitment to 
private sector partnerships.  END SUMMARY. 
 
-------------------------------------------- 
IMPLICATIONS OF THE TUNIS AGENDA FOR UNESCO 
-------------------------------------------- 
 
¶2.  (SBU) The Tunis Agenda designates UNESCO as a 
moderator/facilitator for 7 Action Lines: 1) Access to 
information and knowledge, 2)E-learning, 3)E-science, 4) 
Cultural diversity and identity, linguistic diversity and 
local content, 5) Media, 6) Ethical dimensions of 
Information Society, 7) International and regional 
cooperation. The DG stressed that UNESCO expects to actively 
participate along with ITU and UNDP in the overall 
coordination of multi-stakeholder implementation of the WSIS 
outcomes. 
 
--------------------- 
INTERNET GOVERNANCE 
--------------------- 
 
¶3.  (SBU) UNESCO will participate in the Internet Governance 
Forum (IGF) as established by the Tunis Agenda.  Any 
preference that UNESCO had for the location of the IGF 
Secretariat was not discussed. The Brazilian Ambassador 
 
SIPDIS 
asked how "enhanced cooperation," as mentioned in the Tunis 
Agenda, would be addressed, noting that the language was 
deliberately imprecise.  The DG stated that UNESCO would 
play a role in identifying what was meant by enhanced 
cooperation, so that all parties are involved.  (COMMENT: 
He did not offer specifics.  END COMMENT.)  He also affirmed 
that UNESCO would be engaged in three aspects of Internet 
governance: 1) Openness, 2) Linguistic diversity, 3) Access 
(meaning interoperability). 
 
--------------------- 
CALL FOR INSTRUMENTS 
--------------------- 
 
¶4.  (SBU) The Japanese DCM asked if the DG saw scope for 
normative instruments in the area of Internet governance. 
The DG responded that at the moment he does not envisage any 
normative instruments in the Communication and Information 
sector, but UNESCO's important mission is to formulate 
normative instruments in key areas.  If there is further 
need for instruments in Communication and Information, he 
added, UNESCO should not shy away.  ADG Khan noted that the 
IGF could advance areas of concern with member state 
support.  The Communication and Information sector did not, 
he said, need normative instruments today, but since 
technology was changing so fast, he could not say that 
UNESCO would not consider them in the future.  (COMMENT: 
World Press Freedom Committee Representative Rony Koven's 
reaction to this comment was, "We'll worry about the future 
when we get there.  The main thing is that he sees no need 
for instruments now."  Koven is a thirty-year advocate of 
media freedom at UNESCO, an active WSIS stakeholder, and 
seasoned observer of the UNESCO scene, who will participate 
as a stakeholder in the Internet Governance Forum.  END 
COMMENT.) 
 
--------------------------- 
UNESCO'S ROLE INADEQUATE? 
--------------------------- 
 
¶5.  (SBU) Delegates from Brazil, India, and Japan questioned 
whether UNESCO had been given its "due" role in the process. 
The Indian Ambassador stated that, according to the Indian 
delegate at WSIS, UNESCO was not allowed to play the role it 
wanted to have because of "certain key delegations." 
(COMMENT:  Is this the same Indian Delegate to WSIS that the 
USG worked well with?  We wonder if the Indian Ambassador is 
articulating her own version of WSIS events here.  END 
COMMENT.)  This echoed concerns that UNESCO ambassadors, 
including the Indian Ambassador, raised with Ambassador 
Gross on January 18, 2006 (reftel).  The DG responded that 
while he shared this concern, it was useless to complain. 
UNESCO, he stated, had wanted to represent member states in 
the WSIS process and its only ambition was to fulfill its 
mandate. 
 
------------------------------------------ 
CRITICISM OF PUBLIC SECTOR PARTNERSHIPS 
------------------------------------------ 
 
¶6.  (SBU) The Indian Ambassador criticized UNESCO for 
signing a software agreement with Microsoft, stating that 
such an agreement had resulted in UNESCO abandoning efforts 
to develop open-source software.  (COMMENT:  It is not clear 
whether the Indian Ambassador is motivated by anti- 
globalization ideals, as she might like to suggest, or 
national interest, though we suspect the latter.  The UNESCO 
open-source software project "Enrich" is being developed, in 
large part, by Indian software engineers.  END COMMENT.) 
ADG Khan defended this partnership by stating that 
developing software is vital for capacity building, and 
added that UNESCO continues to work on open-source software. 
The Tunis Agenda, he reminded the audience, calls for 
private sector partnerships in this area, and UNESCO plans 
to increase them.  The DG stated that UNESCO must maintain 
momentum in building partnerships with the private sector in 
areas covered by WSIS.  The agreement with Microsoft does 
not mean that UNESCO will stop pursuing the idea of free and 
open software. 
 
¶7.  (SBU) COMMENT:  While it is disturbing that the DG 
stated that the Communication and Information sector "should 
not shy away" from new instruments, we note that some 
Communication and Information junkies at UNESCO find little 
evidence that this will happen in the next biennium.  The 
Mission will remain vigilant in its efforts to promote media 
freedom and Internet status quo at UNESCO.  END COMMENT. 
Oliver

It is reassuring to see that some politicians too let their opposition be known. The Microsoft/UNESCO PR needs to be countered.

Update: There is also a cable that says: “UNESCO staff noted the “Preservation of Digital Heritage” program, UNESCO-sponsored open source software for digital libraries, and a 2003 declaration on Multilingualism and Cyberspace.”

The cable in full:


UNCLAS PARIS 001733 
 
SIPDIS 
 
FROM USMISSION UNESCO PARIS 
FOR IO/UNESCO 
E.O. 12958:    N/A 
 
TAGS: KPAO [Public Affairs Office], ECPS [Communications and Postal Systems], ETRD [Foreign Trade], 
ECON [Economic Conditions], EINT [Economic and Commercial Internet], ETTC [Trade and Technology Controls], 
EAID [Foreign Economic Assistance], UNESCO [UN Educational Scientific and Cultural Organization] 
SUBJECT:  UNESCO AND THE WORLD DIGITAL LIBRARY 
¶1.   (SBU) SUMMARY AND GUIDANCE REQUEST:  Deanna 
Marcum, Associate Librarian for Library Services and 
Chair of the Memory of the World Programme 
International Advisory Committee met with the UNESCO 
Communication and Information Sector and the Director 
 
General (DG) on March 8, 2006 to discuss the Library of 
Congress' (LOC) initiative to develop a plan for the 
World Digital Library (WDL).  She also discussed the 
UNESCO Memory of the World Program with the Director 
General. The DG and other senior level staff were 
enthusiastic about the WDL project, but working level 
staff, who discussed the LOC's initial planning stage 
with Marcum, were suspicious of Google motives to fund 
the WDL plan.   Marcum stated that Google had stepped 
out of the picture after making its donation. The 
UNESCO Secretariat is confused as to whether Marcum is 
the point of contact on the WDL, or another LOC 
staffer.  Marcum has told post that, in her view, her 
meetings at UNESCO Headquarters were "unofficial," and 
mentioned that another LOC staffer would be designated 
as the project manager and would come to UNESCO to 
discuss the WDL further.  Mission requests guidance on 
who is going to be the LOC's WDL point of contact and 
what its vision of the WDL is, and asks IO/UNESCO to 
remind U.S. officials request country clearance from 
the Mission rather than setting up their own meetings 
at UNESCO.  Mission notes that the UNESCO Secretariat 
does not consider meetings between U.S. officials and 
the DG to be "unofficial."  END SUMMARY AND GUIDANCE 
REQUEST. 
--------------- 
MEETING THE DG: 
--------------- 
¶2.  (SBU) Marcum met with the UNESCO Director General 
Koichiro Matsuura on March 8.  He stated his strong 
support for the WDL and noted UNESCO's desire to 
contribute to the project.  Marcum stated that the 
question was how to formulate a partnership with UNESCO 
on the WDL, noted that Google had provided 3 million 
USD in finances, and stated that Project Manager John 
van Oudenarem would be in contact with UNESCO to follow 
up.  The Communication and Information Sector's 
Director for the Information Society, Elizabeth 
Longworth, cited UNESCO's experience and familiarity 
with digitization, ability to provide a neutral 
platform, interest in building standards around 
metadata, expertise on governance and interoperability 
issues and commitment to spreading digitization. 
Matsuura instructed Longworth to continue to work with 
the LOC on an agreed-upon approach to the WDL, and 
stated that UNESCO could hold an international meeting 
to promote the WDL. 
¶3.  (SBU) Marcum brought up her recent election as 
Chair of the Memory of the World Programme 
International Advisory Committee and indicated her 
interest in encouraging U.S. institutions to put forth 
nominations for the programme.  The Director General 
responded with enthusiasm.  Ambassador Oliver noted 
that this was a good idea that ought to be discussed 
with the U.S. National Commission for UNESCO and urged 
Marcum to coordinate with them. 
---------------------------------- 
Working Level - Developing a Plan: 
---------------------------------- 
¶4.  (SBU) The UNESCO Communication and Information 
Sector convened a meeting for Marcum to meet with 
working-level representatives of the Division on the 
Information Society and UNESCO librarians and 
archivists from the Administrative Section in order to 
have a more detailed discussion on the WDL.  Marcum 
emphasized that she had come to UNESCO to listen and to 
describe the idea for a WDL and clarified that she did 
not have a proposal in hand to present to UNESCO staff. 
(COMMENT: The lack of a proposal appeared to take them 
by surprise, but they welcomed the opportunity to 
contribute to plans.  END COMMENT.)   The main issues, 
she stated, were governance, selection and 
architecture.  The LOC had identified a project manager 
for the WDL, and the goal would be to draft a report by 
October 2006, she said.  Marcum stated that the LOC 
could bring the principle of the library to the digital 
world, as an aggregation of lots of different 
information, not as a repository.  She stated that it 
was important for the WDL not to be politicized. 
¶5.  (SBU) She provided a history of the concept of a 
WDL dating beyond the American Memory and Global 
Gateway websites.  Global gateway projects, she noted, 
were bilaterally arranged with Russia, Brazil, France, 
Spain, The Netherlands and Egypt.  Each one addressed 
an area where U.S. culture intersected with these 
countries, and from this project, the LOC started to 
think about bilingual digital images of collections. 
The Librarian of Congress, James Billington, she 
emphasized, wanted to find ways to help people 
understand one another and use information exchange as 
a basis for global understanding. 
¶6.  (SBU) She stated that Billington spoke to the U.S. 
NATCOM last June to ask them to think about what steps 
to take to create a WDL.  The LOC had also reached out 
to the Digital Library Federation (mostly U.S. 
libraries, plus the British and Australian libraries) 
to look at standards, best practices, architecture, and 
metadata.  Marcum noted that many libraries around the 
world have started digital libraries already for items 
not covered by copyright.  Examples include the 
European library, the British Library/Microsoft 
partnership or the test project of the "Google 5" 
libraries.  (The University of Michigan, The New York 
City Public Library, Harvard University, Oxford, and 
Stanford University.)  A key difference here is that 
unlike the other projects, the European Library, 
spearheaded by France last year as a move "against 
googlization" and including the national libraries of 
Austria, Belgium, the Czech Republic, Denmark, Estonia, 
Finland, France, Germany, Greece, Hungary, Italy, 
Lithuania, Luxembourg, Netherlands, Poland, Slovenia, 
Slovakia, Spain and Sweden, is government funded. 
¶7. (SBU) Marcum explained that Google was impressed 
with Billington's desire to promote mutual 
understanding through on-line access to other cultures, 
and therefore donated 3 million USD for the LOC to 
devise a plan for a WDL.  The brand name of Google, she 
acknowledged, raises questions for many.  She added 
that there is probably every reason to be concerned 
about Google's influence on open access when one looks 
at the details.  She noted that the LOC did not pursue 
mass digitalization with Google because of concerns 
about how this would mesh with the LOC housing the U.S. 
copyright office.  She explained that there was almost 
nothing in writing in terms of an agreement between the 
LOC and Google:  it had handed over the check, and that 
was the end of its involvement in the WDL plan. 
---------------- 
UNESCO CONCERNS: 
---------------- 
¶8.  (SBU) Above all, suspicion of Google and its role 
in the plan dominated UNESCO concerns at the working 
level.  Staff asked if there was an outline of how the 
LOC would use the Google funds (Comment:  UNESCO staff 
does not appear to know a lot about private 
philanthropy in the U.S and expected there would be an 
MOU-type document.  END COMMENT.)  One UNESCO staffer 
stated that he believed the Google 3 million USD 
donation was seed money for it to come in later on the 
WDL.  A French UNESCO staffer asked if Google 
involvement was even necessary. 
¶9.  (SBU) Another staffer stated that the U.S. 
initiative on the WDL was a lot like the U.S. position 
on Internet Governance while another stated that the 
U.S. should refer to the WSIS Geneva declarations 
(2003) which states that libraries should be accessed 
electronically.  UNESCO staff also noted that the LOC's 
"Global Gateway" project, cited by Marcum as an example 
of intergovernmental cooperation on digital items, had 
generated editorially driven electronic publications 
and that the WDL should not use this model. 
¶10.  (SBU) UNESCO staff strongly urged that the U.S. 
reaches out to a wide variety of international actors 
on this project.  The Communication and Information 
Sector's Director for the Information Society, 
Elizabeth Longworth noted the potential for 
politicization of the WDL, given the documented -- and 
French-led - negative European reaction.  Longworth 
suggested that the U.S. and UNESCO draw lessons from 
the Internet governance debate. (COMMENT:  Some at 
UNESCO feel the perception that other countries could 
not have a role in internet governance undermined the 
U.S. position in the lead up to WSIS II in Tunis last 
November.  END COMMENT.) She also asked who the LOC's 
stakeholders were in the project while other staff 
noted that Marcum did not mention libraries in Latin 
America, Arab States, Asia and Africa.  They mentioned 
a digital library project led by the Philippines and 
financed by Intel for 20 Asian countries link their 
public domain material. 
------------------- 
UNESCO Value Added: 
------------------- 
¶11.  (SBU) UNESCO staff made many suggestions on how 
UNESCO might contribute to the WDL, many of which were 
repeated by Longworth in Marcum's meeting with the DG. 
They noted above all that UNESCO has the power to 
convene people, help with capacity building and 
training and to provide a neutral platform.  UNESCO 
also had a library portal with some 14,000 links and 
was active in the development of small digital 
libraries, such as the El Dorado library for Latin 
America and the Caribbean (Note: Only a Bolivian 
contribution to this project exists thus far, although 
in terms of other regions, the Palestinians also asked 
UNESCO to help them build either a virtual or actual 
library.) 
¶12.  (SBU) UNESCO staff noted the "Preservation of 
Digital Heritage" program, UNESCO-sponsored open source 
software for digital libraries, and a 2003 declaration 
on Multilingualism and Cyberspace.  UNESCO's French- 
chaired Information for All Programme could be 
involved, they suggested.  They offered to hold a panel 
discussion on the WDL at the next UNESCO Open Forum, 
and suggested that the LOC work with IFLA and UNESCO on 
this.  UNESCO could also call a conference on the 
issue, they added.  One staffer suggested UNESCO could 
create standard setting instruments in the area of 
digital libraries. (COMMENT:  Mission strongly advises 
against this.  END COMMENT.) 
¶13.  (SBU) The UNESCO Archivist stated that one 
excellent source of primary documents for a WDL would 
be the United Nations.  He cited the United Nations 
Intellectual History Project (UNIHP) whose secretariat 
was established at the Ralph Bunche Institute for 
International Studies of The Graduate Center of The 
City University of New York in 1999.  There was a 
potential copyright issue with some UN publications, he 
warned.  But there was a goldmine of material in UN and 
UNESCO archives, he added.  Other staff cited UNESCO's 
e-science program and its scientific information 
commons may be able to contribute. 
-------- 
COMMENT: 
-------- 
¶14.  (SBU) COMMENT:  At a high level, UNESCO staff has 
received the WDL project with open arms.  However, at 
the working level, suspicion of Google's role in the 
project as well as a lack of understanding of how 
private philanthropy works in the United States must be 
addressed for the project to succeed.  In addition, the 
LOC will want to demonstrate to UNESCO that it has a 
wide -- and significantly international - stable of WDL 
stakeholders.  Procedurally, the Secretariat has 
advised the Mission that meetings with the Director 
General and other senior officials at UNESCO 
Headquarters are indeed official, and we ask IO/UNESCO 
to convey to all USG agencies and branches that engage 
with UNESCO that country clearance and a briefing with 
the Mission Country team is essential to their visit. 
Mission also requests clarification of who leads the 
WDL project at the LOC, and, if this person is not 
Marcum, whether his views on the entire project are the 
same as the ones she conveyed.  END COMMENT. 
 
Oliver


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