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The Friendly Troll

The Friendly Troll is a podcast with observations of the global tech industry from the perspective of the Global South. Our trolling is meant to enlighten listeners and explore interesting topics from a new point of view. The podcast is produced by CIPIT, the Centre for Intellectual Property and Information Technology Law, at Strathmore Law School in Nairobi, Kenya.

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Software, copyright, and Fair Use/Dealing - the Case of Google v. Oracle

A recent decision in the US Supreme Court held that copying parts of an application program interface is a "fair use" under US Copyright Law. In this episode, Isaac Rutenberg looks at whether a similar ruling would result in a "fair dealing" framework, and the wider implications of the case. Thanks to the International Development Research Centre (IDRC) for general support of CIPIT, which allows us to make these podcasts.Music credits (selected for the appropriate title, given the two parties in the court case!):Showdown by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/4352-showdownLicense: https://filmmusic.io/standard-license


8 Apr 2021

Rank #1

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The US-Kenya FTA: Data Protection aspects of the Agreement from a Kenyan perspective

In this episode, Dr. Melissa Omino and Mugambi Laibuta discuss data protection aspects of the proposed US Kenya FTA from a Kenyan perspective. Resources:1. The Friendly Troll Podcast: https://podcasts.apple.com/ke/podcast/the-friendly-troll/id14885738832. Ole Law Podcast https://anchor.fm/lexole/episodes/Privacy-and-Personal-Data-Protection-eh9qu63. Mugambi Laibuta's Blog: https://www.laibuta.com/blog/4. Negotiation Objectives: https://www.tralac.org/news/article/14690-proposed-kenya-united-states-fta-agreement-negotiation-principles-objectives-and-scope.html#:~:text=General%20Objectives&text=To%20increase%20the%20inflow%20of,for%20identified%20goods%20and%20services.Music details: Fuzzball Parade by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/5044-fuzzball-paradeLicense: http://creativecommons.org/licenses/by/4.0/ 


15 Feb 2021

Rank #2

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The US-Kenya FTA Part 3 featuring Lori Wallach

In this third episode of the US Kenya FTA Series hosted by Dr Melissa Omino, we are joined by Dr. Isaac Rutenberg the Director of CIPIT, and Lori Wallach, Head Director and Founder of Global Trade Watch, a division of Public Citizen. (link to: https://www.citizen.org/article/lori-wallach-director-public-citizens-global-trade-watch/) It is a great privilege to have Lori as a guest on this episode as she is a recognised expert in the field of International Trade with experience in this area for over 25 years, including testifying at Congress on NAFTA, WTO and other international trade agreements and their effects on global citizens.This is a first part of the conversation, where Lori takes us through what her thoughts are on the proposed agreement between the US and Kenya, what questions Kenya should consider with comparison to other FTAs that the US has finalised in the last decade, and what these ongoing negotiations should consider.Lori definitely leaves us with a lot to think about with regard to why we are going forward with the FTA as Kenya.


18 Nov 2020

Rank #3

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The US-Kenya FTA: What to look out for in Digital Trade and IP Chapters

In continuing with our series on the US-Kenya FTA, this week’s episode grapples with some of the main areas, that may be included in the FTA, that we are pondering on in digital trade and intellectual property. The host for this episode is Dr. Melissa Omino, and the guests are Abdulmalik Adan and Joanna Kahumbu.  Agreements mentioned: TRIPS - https://www.wto.org/english/docs_e/legal_e/27-trips.pdf Japan-US FTA - https:// www.mofa.go.jp/files/000527401.pdf Update on the US Kenya FTA materials: US Negotiation Objectives : https://ustr.gov/sites/default/files/Summary_of_U.S.-Kenya_Negotiating_Objectives.pdf Kenya Negotiation Objectives: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement Information on the virtual first phase of negotiations: http://www.industrialization.go.ke/index.php/kenya-usa-free-trade-area-agreement/580-joint-statement-between-the-united-states-and-kenya-on-the-launch-of-negotiations-towards-a-free-trade-agreement References:  Digital Economy Blueprint, 2019 - https://ca.go.ke/the-digital-economy-blueprint/ Draft Digital Economy Strategy, 2020 - https://ict.go.ke/wp-content/uploads/2020/08/10TH-JULY-FINAL-COPY-DIGITAL-ECONOMY-STRATEGY-DRAFT-ONE.pdf National ICT Policy, 2019 - https://www.ict.go.ke/wp-content/uploads/2019/12/NATIONAL-ICT-POLICY-2019.pdf Data Protection Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2019/TheDataProtectionAct__No24of2019.pdf Finance Act, 2019 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/AmendmentActs/2019/FinanceAct_No23of2019.PDF Finance Act, 2020 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2020/TheFinanceAct_No.8of2020.pdf Comments submitted to USTR : https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&D=USTR-2020-0011 Knopt H, ‘The cost of Canadian IP Capitulation in NAFTA’, Excess Copyright, 01 October 2018, http://excesscopyright.blogspot.com/2018/10/the-cost-of-canadian-ip-capitulation-in.html?m=1 Music details: Fuzzball Parade by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/5044-fuzzball-paradeLicense: http://creativecommons.org/licenses/by/4.0/


26 Oct 2020

Rank #4

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The 4IR: What it means for the Global South

Today's episode asks what the 4IR means for the Global South and what it means to take advantage of the potential for growth both in tech and intellectual property.References:Make me Smart podcast:https://www.marketplace.org/shows/make-me-smart-with-kai-and-molly/will-coronavirus-make-it-easier-to-buy-a-home/- The podcast is from 1 July 2020 and not 2 July 2020 as identified in the episode. We regret the error.MIT apologizes, permanently pulls offline huge dataset that taught AI systems to use racist, misogynistic slurs:   https://www.theregister.com/2020/07/01/mit_dataset_removed/ Music:Toccata and Fugue in D Minor by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/4533-toccata-and-fugue-in-d-minorLicense: http://creativecommons.org/licenses/by/4.0/CIPIT would like to acknowledge and thank the International Development Research Centre (IDRC) for their continued support. https://www.idrc.ca/en


31 Jul 2020

Rank #5

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The US - KE Free Trade Agreement Part 1: What's on the table?

This is the first episode in a series on the US-Kenya FTA which is currently under negotiations. In this series, we hope to look at various aspects of what might be included in the final text of the FTA including IP, Digital Rights, and Data Governance. The host for this episode is Dr. Melissa Omino, with research assistance from Joanna Kahumbu. Agreements mentioned:1. AGOA -  https://agoa.info/about-agoa.html 2. AfCFTA - https://au.int/en/ti/cfta/about3. USMCFTA -https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/fact-sheets/strengthening4. EAC Customs Union Protocol - https://www.eac.int/documents/category/eac-customs-union-protocolReferences:1. UPDATE 1-U.S. trade chief tells Congress of plans for trade deal with Kenya https://www.reuters.com/article/usa-trade-kenya/update-1-us-trade-chief-tells-congress-of-plans-for-trade-deal-with-kenya-idUSL1N2BA2DT2. Kenya will be in breach of EAC, AfCFTA rules in proposed trade deal with UShttps://www.theeastafrican.co.ke/news/ea/Kenya-US-trade-deal-sparks-dispute-with-EAC-partners/4552908-5456950-55r9wrz/index.html 3. Lawyers Fight Kenya US Trade Dealhttps://www.theeastafrican.co.ke/business/Lawyers-fight-Kenya-US-trade-deal/2560-5499270-2iwjkyz/index.html4. Going Solo: What is the significance of a USA -Kenya Free Trade Agreement?, Centre for strategic and international studies, Jack Caporal, 18 March 2020: https://www.csis.org/analysis/going-solo-what-significance-us-kenya-free-trade-agreement5. What would a U.S. - Kenya Trade Deal Mean?, Council on Foreign Relations, Claire Felter, 21 February 2020:https://www.cfr.org/in-brief/what-would-us-kenya-trade-deal-mean Music details: Fuzzball Parade by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/5044-fuzzball-paradeLicense: http://creativecommons.org/licenses/by/4.0/


15 Jun 2020

Rank #6

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Thought Leaders or Bot Leaders? Astroturfing in the time of Covid-19

This week's episode is a foray into astroturfing - promoting ideas through bots intending to mislead the public - and what this means in the time of Covid -19 Links from the show Make Me Smart - Who's organizing those anti-quarantine protests?https://www.marketplace.org/shows/make-me-smart-with-kai-and-molly/whos-organizing-those-anti-quarantine-protests/The Digital Forensic Research Lab - the 12 ways to spot a bothttps://medium.com/dfrlab/botspot-twelve-ways-to-spot-a-bot-aedc7d9c110cMusic by Kevin MacLeodNowhere Land by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/4148-nowhere-landLicense: http://creativecommons.org/licenses/by/4.0/


5 May 2020

Rank #7

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Student Ventilators: Innovation during a global pandemic

This week's episode tackles the question of Intellectual Property Rights for Ventilators developed by a group of students in Kenya, answering the question of how their rights, if any, can be secured.Links from the showMIT's E-Vent program: https://e-vent.mit.edu/Editing done on AudacityMusic credits: Prelude in C (BWV 846) by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/4237-prelude-in-c-bwv-846-License: http://creativecommons.org/licenses/by/4.0/ For the IP Policy of Kenyatta University, see: http://www.ku.ac.ke/ipru/downloads Note that Students are classified similarly to Employees.  


20 Apr 2020

Rank #8

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The Friendly Troll in 2020

Q1 of 2020 feels like a year in itself, which is why on today's episode, we give you something to look forward to. CIPIT's insights on all things tech and tech legal for 2020, what we expect, what we're looking forward to and who we're watching to make crucial moves.  Music credits: Prelude in C (BWV 846) by Kevin MacLeodLink: https://incompetech.filmmusic.io/song/4237-prelude-in-c-bwv-846-License: http://creativecommons.org/licenses/by/4.0/ 


31 Mar 2020

Rank #9

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Tech Giants and Competition Law in the Global South

This week's episode chronicles Competition Law (or Antitrust) as seen in the Global South. Our host and co-hosts question what that means for our major players in the digital space including Uber, Jumia and Safaricom.


17 Dec 2019

Rank #10