On Tue, 25 Oct 2005, Lie Njie wrote:

> My question: I'm curious if anyone on this list has any contacts or
> experience with commercial vendors of Microsoft Windows-based software
> that are willing or interested in donating licenses to institutions in
> developing nations such as the UTG ...

You need to take great care in this strategy.

Many countries in the world are under various levels of UN Sanctions,
either because they are war-zones or (less obviously) they inter-trade
with others who are under sanctions.

Western copies of Windows contain encryption code in both the SSL
modules and the backup facilities, for example. These are classified as
"dual-use components" and anyone wishing to send these to a restricted
country should either check that mass-market approval has been approved,
or else apply for the relevant authority, including substantiating why
this code is necessary. [i.e., note that such code can be used for
purposes other than its original intention, and particularly by people
who pose a threat to peace and stability.]

Similar dual-use components are present in other applications software
intended for use within "The West".

You might argue that this is pedantic, and that most of the pirated
copies of sofware with the Developing World are ripped off from Western
copies in the first place.... and thus the dual-use components are
already freely available.

However, I think this is different from suggesting a strategy that sends
licensed components to countries. This is clearly a fresh export.

For Microsoft's own products the EULA (End User Licence Agreement) binds
the user to comply with the relevant laws. And in any case there is
clear guidance obtainable from their website page
<www.microsoft.com/exporting/>

Note that these guidelines assume that the export is from the USA. There
are different restrictions which can apply from other countries of
origin.

I've deliberately cited Microsoft Windows because the case is clear, and
the approval is already achieved for the USA. However, anyone
considering donating any software licenses to another country should
make these checks first within the laws of their own country.

Some of the most problematic "dual-use" code is actually contained
within relatively trivial utilities... often with no licence fee to pay.
In short... only export code that you are *certain* has the appropriate
authority, and where you can prove that you have such a licence.

This is not just for your own protection from prosecution. In some
countries owning such software may be perceived as a threat against the
State. I don't think any of us on GKD would want to land the
beneficiaries of our donations in that predicament!

HTH

-- 
Paul
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