US embassy cable - 05SANSALVADOR2644

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HOME USE ONLY CD-ROM FOR LES

Identifier: 05SANSALVADOR2644
Wikileaks: View 05SANSALVADOR2644 at Wikileaks.org
Origin: Embassy San Salvador
Created: 2005-09-23 15:36:00
Classification: UNCLASSIFIED
Tags: KVIR AADP ACOA ASEC AMGT OIIP KRIM KPAO ES
Redacted: This cable was not redacted by Wikileaks.
This record is a partial extract of the original cable. The full text of the original cable is not available.


 
UNCLAS SAN SALVADOR 002644 
 
SIPDIS 
 
STATE FOR IRM/OPS/ITI/SI/AV 
USDOC FOR 3134/USFCS/OIO/WH/DDEVITO/BARTHUR 
USDOC ALSO FOR ITA/MAC/MSIEGELMAN 
 
E.O. 12958: N/A 
TAGS: KVIR, AADP, ACOA, ASEC, AMGT, OIIP, KRIM, KPAO, ES 
SUBJECT: HOME USE ONLY CD-ROM FOR LES 
 
REF: STATE 100359 
 
1. The following information is provided in response to the 
request made in Para. 7 of reftel: 
 
SAN SALVADOR DCM, ECONOFF, FCSO, and IMO 
---------------------------------------- 
Deputy Chief of Mission: Michael Butler 
Economic Officer: David Krzywda 
FCSO: Mary Boscia 
IMO: Dale Rice 
 
Compliance with Local Laws 
-------------------------- 
Post is unable to certify that distribution of Symantec anti- 
virus software to locally employed staff (LES) would not 
violate Salvadoran law. 
 
--The proposed distribution may violate commercial law 
provisions that protect exclusive distributorships. Post 
lacks information on IRM/.../AV's license agreement with 
Symantec--as well as information on Symantec's regional 
distribution agreements--necessary to make an assessment. 
(Note: The local Business Software Alliance representative 
told emboff that there is no local distributor for Symantec 
software in El Salvador. End note.) 
 
--Post believes that distribution of anti-virus software to 
LES would not violate Salvadoran intellectual property law. 
However, a lawyer at a prominent Salvadoran law firm told 
econoff that to "certify" that distribution of the software 
would not violate the law would require extensive legal 
analysis, for which post has not budgeted resources. 
 
--Based on previous experience in importing and distributing 
copyright material free of charge, Post believes that the 
import and distribution of the software would fall within 
diplomatic privileges with respect to 1) the use of the 
diplomatic pouch and 2) exemption from customs duties and 
other taxes. 
 
Butler 

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