text:
\section{Introduction}
The luminosities and velocity dispersions of early-type galaxies
are strongly correlated:  their logarithms follow an approximately
linear relation (e.g. Faber \& Jackson 1976).
There is a long and complicated history of what the slope of this
relation is, mainly due to the fact that, if there is intrinsic
scatter around this correlation, then there are at least three
interesting slopes:  that obtained from fitting the mean luminosity
at each velocity dispersion,
 $\langle\log L|\log\sigma\rangle = a_{L|\sigma}\log\sigma + b_{L|\sigma}$,
the mean velocity dispersion as a function of luminosity,
 $\langle\log\sigma|\log L\rangle = a_{\sigma|L}\log L + b_{\sigma|L}$,
and the slope of the principal axis of the joint distribution of $L$
and $\sigma$ (e.g. Lynden-Bell et al. 1988; Saglia et al. 2001).
The first of these allows one to use $\sigma$ to predict $L$,
whereas the second must be used if one wishes to predict $\sigma$
from $L$.  Until recently, authors were not careful to distinguish
between these cases.

Because $L$ depends on the distance to the source, whereas $\sigma$
does not, it is straightforward to estimate
 $\langle\log\sigma|\log L\rangle$
from flux limited samples; naive estimates of the other two
correlations are compromised by selection effects.
Most studies of this correlation, based on local samples, agree
that the typical velocity dispersion at fixed luminosity,
$\langle\log\sigma|\log L\rangle$, scales as $L^{1/4}$:
 $a_{\sigma|L}\approx 1/4$.
The common unfortunate abuse of jargon is to say that luminosity
scales as the fourth power of velocity dispersion; in fact,
$a_{L|\sigma}$ is considerably shallower.
In what follows, we will be almost exclusively concerned with how
well $L$ can be used as a predictor for $\sigma$:
  $\langle\log\sigma|\log L\rangle$.

Prior to the year 2000, studies of the $\sigma-L$ correlation were
restricted to local samples (from within about 50 Mpc) containing
$\sim 100$ objects.  The SDSS provided a sample of early-type
galaxies that was larger by about two orders of magnitude
(Bernardi et al. 2003a):  $\sim 9000$ objects drawn from a volume
which extended to considerably larger distances (median redshift
$z\sim 0.1$).  However, the $\sigma-L$ relation in this sample,
\begin{equation}
 \Bigl\langle\log_{10}\sigma|M_r\Bigr\rangle_{\rm SDSS-B03}
 = 2.203 - 0.102\,(M_r+21),
 \label{sdss03}
\end{equation}
with an intrinsic scatter of about 0.07~dex is inconsistent with
that found in local samples.
For example, at $\log_{10}(\sigma/{\rm km~s}^{-1}) \ge 2.4$,
the relation which Forbes \& Ponman (1999) found best fits the
Pruniel \& Simien (1996) sample of 236 local early-type galaxies
differs from the SDSS fit by more than 0.05~dex.
Expressed in terms of absolute magnitudes, the fits differ by more
than 0.5~mags at $M_r\le -23$.  This is substantially larger than
expected given the measurement errors.  What causes this difference?

Because the SDSS luminosities and velocity dispersions are obtained
from an automated pipeline, (i.e., light profiles and spectra were
not inspected individually), it may be that, say, the SDSS measurements
differ systematically from those estimated for local objects in the
literature.  Indeed, it is known that the SDSS photometric
reductions underestimate the luminosities of objects in crowded
fields (Mandelbaum et al. 2005; Bernardi et al. 2006a; Hyde et al. 2006;
Lauer et al. 2006). See the Appendix for a more detailed discussion.
The Appendix also shows that the SDSS also slightly overestimates the
velocity dispersions at small $\sigma$.
In what follows, we will refer to the sample in which these
systematics have been accounted-for as the SDSS-B06 sample
(see the Appendix).
In the SDSS-B06 sample,
\begin{equation}
 \Bigl\langle \log \sigma|M_r\Bigr\rangle_{\rm SDSS-B06}
        = 2.190 - 0.100\,(M_{r}+21)
 \label{sdssVL}
\end{equation}
with intrinsic scatter of 0.07~dex; it happens that this is not
very different from the relation obtained by Bernardi et al. (2003b).

A common problem from which all local samples suffer is that,
while the apparent magnitude of an object can be measured quite
accurately,  the absolute magnitude is more difficult because
it depends on the distance to the galaxy.  The true distance is
difficult to measure because the redshift, which is usually
well-determined, is a combination of the distance to the galaxy
and the component of its peculiar velocity which is directed along
the line of sight to the observer:
 $cz = Hd + v_{\rm los}$.
Typical velocities are expected to be of order a few hundred
km~s$^{-1}$, so the redshift is a reliable distance indicator only
beyond about $100h^{-1}$Mpc.  Most of the objects in the SDSS lie
well beyond this distance, whereas all local samples are shallower.
Thus, a legitimate concern is whether uncertainties in estimating
the true distance are driving the difference between the SDSS
measurement and those which are based on more local samples.

To address such concerns, we have studied the $\sigma-L$ relation
in the definitive sample of nearby early-type galaxies---that assembled
in the ENEAR database (da Costa et al. 2000; Bernardi et al. 2002a;
Alonso et al. 2003; Wegner et al. 2003).
ENEAR contains about 1000 objects out to 7000~km~s$^{-1}$, for which
measured redshifts and estimated distances are available.
Section~2 shows how the $\langle\log\sigma|\log L\rangle$
relation changes if one uses the redshift rather than the estimated
distance when computing $L$.
It highlights the fact that, if $\sigma$ played a role in determining
the distance, e.g. if the distance comes from a Fundamental Plane or
$D_n-\sigma$ analysis, then the $\sigma-L$ relation may be biased.
In Section~3 we discuss our results.

\section{The local $\sigma-L$ relation}
The first part of this section compares various determinations of
the local $\sigma-L$ relation.  The second part compares these
determinations with that from the SDSS-B06.

\begin{figure}
 \centering
 \includegraphics[width=0.9\columnwidth]{fig1.eps}
 \caption{Joint distribution of $L$ and $\sigma$ in the ENEAR sample.
   when $L$ has been estimated using a distance which has been
   corrected for peculiar motions.  Short dashed line shows
   $\langle\sigma|L_d\rangle$.
   Using the redshift as distance indicator instead leads to the
   $\langle\sigma|L_z\rangle$ relation shown as the solid line.
   The symbols and lines show the result of using total rather
   than bulge luminosities for ENEAR.  }
 \label{localLV}
\end{figure}

\subsection{ENEAR}
The ENEAR sample (da~Costa et al. 2000) is approximately magnitude
limited to 14.5 in the B band.  The catalog provides new apparent
magnitudes, $d_n$ measurements, redshifts, and velocity dispersions
for about 1000 early-type galaxies distributed over the whole sky
out to about 7000~km~s$^{-1}$.

In principle, estimating $\langle\sigma|L\rangle$ in the ENEAR
sample is straightforward because the ENEAR team has also
published a measurement of the $D_n-\sigma$ correlation:
\begin{eqnarray}
 \log_{10} \left({D_n\over {\rm km~s}^{-1}}\right) &=& 1.406
  + 1.203 \log_{\rm 10}\left({\sigma\over {\rm km~s}^{-1}}\right)\nonumber\\
  &&     - \log_{10} \left({d_n\over 0.1~{\rm arcmin}}\right)
 \label{DnSigma}
\end{eqnarray}
(Bernardi et al. 2002b), with a scatter of 0.2/ln(10)~dex.
Here, $d_n$ is that angular scale within which the average
surface brightness in the R$_c$ band is 19.25~mag$/$arcsec$^2$.
For reasons we describe below, we compute luminosities for the
ENEAR galaxies based on two different distance estimates.
One uses this $D_n-\sigma$ relation to estimate `true' distances,
and the other uses the redshift as a distance indicator (i.e.,
this second distance estimate ignores peculiar velocities).
We will refer to the associated luminosities as $L_d$ and $L_z$.
In addition, for ease of comparison with the SDSS, we shift all
magnitudes from ENEAR $R_C$ to SDSS $r = 0.24 + R_C$.

\begin{figure*}
 \centering

\includegraphics[width=1.9\columnwidth]{fig2.eps}
 \caption{Joint distribution of $L$ and $\sigma$ in a mock catalog
          in which the underlying galaxy population has been
          constructed to mimic the SDSS-B06 sample, and to which
          the ENEAR magnitude and redshift selection cuts have
          been applied.  The two panels differ in how the luminosities
          were estimated:  the panel on the left uses the observed
          redshift to define a distance, whereas the panel on the
          right makes a correction for peculiar velocities which
          is based on the $D_n-\sigma$ relation.  In both panels,
          solid line shows the input $\langle\sigma|L\rangle$ relation,
          and dashed line shows the relation defined by the points in
          the panel.  }
 \label{mockLV}
\end{figure*}

The joint distribution of $\sigma$ and $L_d$ which results from
using the $D_n-\sigma$ distance estimate (filled circles) is
shown in Figure~\ref{localLV}. Here we only show galaxies which have
both spectroscopy and photometry observed by the ENEAR team (i.e.
we did not include measurements listed in the ENEAR catalog which
were compiled from previous work). In addition, we selected galaxies
with disk-to-bulge ratio smaller than 0.5 and used the total
magnitude listed by Alonso et al. (2003) (using the bulge luminosity
the results only slightly change).
Dashed line shows
\begin{equation}

 \Bigl\langle\log_{10}\sigma|M\Bigr\rangle_{\rm ENEARd}
  = 2.159 - 0.130\,(M_r + 21)
 \label{eneard}
\end{equation}
which best-fits the sample.  Comparison with equation~(\ref{sdssVL})
shows that this relation is considerably steeper than in the SDSS.

The observed scatter around this relation is $\sim 0.08$~dex.  This
is about 0.01~dex larger than what SDSS reports as intrinsic scatter.
This is remarkable, because ENEAR ought to be carrying distance errors
of about twenty percent.  These errors ought to translate into
increased scatter of 0.43~mags along the x-axis of
Figure~\ref{localLV}.  If not accounted-for (and the fit above does
not), this should have artificially decreased the slope and increased
the scatter of the $\langle\sigma|L\rangle$ correlation.
E.g., adding this scatter to the SDSS numbers would have decreased
the magnitude of the slope by about fifteen percent, and the rms
scatter around the new relation would have been about fifteen percent
larger.

\subsection{To remove $v_{\rm pec}$ or not to remove $v_{\rm pec}$?}
Since the $D_n-\sigma$ estimate of the distance is only good to
20 percent, one might well wonder if samples like ENEAR reach
distances at which the redshift itself provides a more reliable
estimate of the true distance than relations like $D_n-\sigma$ or
the Fundamental Plane.  This will happen on scales $r$ where
 $(v_{\rm pec}/300~{\rm km~s}^{-1})/0.2 < (r/3h^{-1}{\rm Mpc})$.
This suggests that, beyond about $50h^{-1}$Mpc, the redshift may
actually be a better estimate of the true distance even if typical
line-of-sight peculiar velocities were as high as 1000~km~s$^{-1}$.

Since ENEAR straddles this distance regime, we have studied what
happens to the $\sigma-L$ relation when the redshift itself is used
as an estimate of the distance---i.e., no correction is made for
the peculiar velocity.  The inferred relation, when the total luminosity
is used,
\begin{equation}
 \Bigl\langle\log_{10}\sigma|M\Bigr\rangle_{\rm ENEARz}
 = 2.184 - 0.104\,(M_r + 21),
 \label{enearztot}
\end{equation}
is shown as the dashed line in Figure~\ref{localLV}. The relation
obtained when the total luminosity is scaled to the bulge luminosity
\begin{equation}
 \Bigl\langle\log_{10}\sigma|M\Bigr\rangle_{\rm ENEARz-bulge}
 = 2.198 - 0.102\,(M_r + 21),
 \label{enearzbulge}
\end{equation}
is shown as the dotted line. The two relations are similar.
Equation~\ref{enearztot} is
considerably shallower than $\langle\sigma|L_d\rangle$
(equation~\ref{eneard}), with substantially larger scatter (0.12~dex).

\begin{figure*}
 \centering
 \includegraphics[width=1.2\columnwidth]{fig3.eps}
 \caption{Joint distribution of $L$ and $\sigma$ in the ENEAR sample

      when the luminosity is computed using the redshift distance;
      i.e., the distance has not been corrected for peculiar motions.
      Short dashed lines show the $\langle\sigma|L_z\rangle$ relation
      defined by these points, and solid line shows the relation
      defined by the SDSS-B06 sample.
      Dotted line shows the result of using bulge rather than total
      luminosities for ENEAR.}
 \label{localVLz}
\end{figure*}

Comparison of the relation based on redshift, $\sigma-L_z$ say,
with the one based on distances, $\sigma-L_d$, shows that the
scatter appears to decrease considerably when using the distances
rather than the redshifts.  While it is tempting to conclude that
this is signalling that the distance indicator is accurate, this is
not the full story.
After all, the $D_n-\sigma$ distance estimate is actually a function
of $\sigma$:  distance~$\propto \sigma^{1.2}/d_n$.
As a result, $\sigma$ appears in both axes of Figure~\ref{localLV},
with the x-axis proportional to $m - 5\log_{10}(\sigma^{1.2}/d_n)$.
Therefore, scatter in the relation will be correlated along a line
which has slope $y = -5 (1.2x)$.  A slope of $-1/6$ is not far-off
the one actually observed.  Hence, it may be that the relation shown
in Figure~\ref{localLV} and quantified by equation~(\ref{eneard}) is
both biased and artificially tight.
Note that similar concerns would also apply to the use of
Fundamental Plane-based distance estimates (such as those used
by Pruniel \& Simien 1996), since the coefficient of the velocity
dispersion in the direct fit is also $\sim 1.2$
(e.g. J{\o}rgensen et al. 1996; Bernardi et al. 2003c).
This discussion provides another reason why the simple procedure
of using the redshift as the distance indicator might actually be
the preferred one.

\subsection{Results from a mock ENEAR-SDSS catalog}\label{mocks}
To better understand the effect of using a $\sigma$-based distance
estimate on the $\sigma-L$ relation, we constructed a mock catalog
of the ENEAR sample.  This was done by {\em assuming} that the
joint distribution in luminosity, size and velocity dispersion
for ENEAR galaxies is the same as for SDSS-B06 galaxies, so we could
simply follow the steps described by Bernardi et al. (2003b).
We then added Gaussian noise with dispersion equal to the ENEAR
observational estimates, and applied the ENEAR apparent magnitude
and redshift cuts.

Since this method allows us to generate both $L$ and a half-light
radius $R_e$, the assumption that the light profile is deVaucoleur
allows us to compute a value of $d_n$ for each mock galaxy.  We then
fit for the $D_n-\sigma$ relation, finding that it had slope 1.15,
zero-point 1.4 and rms scatter 0.1~dex.  These values are rather
similar to equation~(\ref{DnSigma}), suggesting that our mock
catalog is actually rather realistic.

Figure~\ref{mockLV} compares the $\sigma-L_d$ and $\sigma-L_z$
relations in the mock catalog;  the relation based on the distance
indicator is clearly steeper and tighter than the one based on the
redshift, just as in the ENEAR sample itself.  Moreover, notice that
the slope of $\langle\sigma|L_d\rangle$ relation is clearly steeper
than the input slope, whereas $\langle\sigma|L_z\rangle$ is in
rather good agreement with the input relation.  This suggests
that equation~(\ref{enearztot}) is closer to the true relation for
ENEAR galaxies than is equation~(\ref{eneard}).
This bias does not depend strongly on the range of apparent magnitudes
in the sample. It does depend on the intrinsic distribution of the
absolute magnitudes.
When the absolute magnitude range is large then the slope of the
$\sigma-L_d$ relation is closely related to that of the $D_n-\sigma$ relation
(see discussion in previous subsection) and has little scatter.
However, when the luminosity function is narrow (i.e. sharply peaked)
then the $\sigma-L_d$ relation shows larger scatter: while the slope is
still biased it is less easily related to that of the $D_n-\sigma$ relation.

\subsection{Comparison with SDSS-B06}
The analysis above suggests that the $\sigma-L_z$ relation in
ENEAR, and, by extension, other local samples, are likely to
be more reliable than the local $\sigma-L_d$ relations.
Figure~\ref{localVLz} shows the joint distribution of $L_z$ and
$\sigma$ in the ENEAR sample when
the luminosity is computed using the redshift distance; i.e., the
distance has not been corrected for peculiar motions.  The dashed
line shows equation~(\ref{enearztot}), and the dotted line shows
the result of using bulge rather than total luminosities for ENEAR.

These fits should be compared to the solid line, which shows the
SDSS-B06 relation (equation~\ref{sdssVL}), for which the redshift is
an excellent indicator of the true distance.  Note that the ENEAR
and SDSS-B06 samples are in excellent agreement, suggesting that
correcting for peculiar motions in local samples can lead to
serious biases in correlations which involve $\sigma$.

\section{Discussion}
We showed that the ENEAR $\sigma-L_d$ relation, where $L_d$ indicates
that the luminosity is based on a distance estimate which has been
corrected for peculiar motions, is almost certainly biased.  This
is because the distance indicator used to estimate $L_d$ depends on
$\sigma$.
We also showed that if the redshift is used as the distance
indicator (i.e., no correction for peculiar motions is made) then
the resulting $\sigma-L_z$ relation, while noisier, is less likely
to be biased.
The ENEAR $\sigma-L_z$ relation is in excellent agreement with
that measured in the SDSS, where neglecting peculiar velocities
is an excellent approximation.
Thus, it appears that the discrepancy between the SDSS $\sigma-L$
relation and that in local samples is due to the use of a
distance indicator which correlates with $\sigma$.

Our results are of particular interest for the problem of
estimating black hole abundances from the observed distribution
of luminosities or velocity dispersions
(e.g. Yu \& Tremaine 2002; Shankar et al. 2004;
Tundo et al. 2006).  The first method requires
$\langle M_\bullet|L\rangle$ whereas the second requires
$\langle M_\bullet|\sigma\rangle$.  The two approaches will only
give the same estimate of $\phi(M_\bullet)$ if the
$\langle \sigma|L\rangle$ relation of the black hole sample is
the same as that of the sample from which the luminosity function
$\phi(L)$ and velocity dispersion function $\phi(\sigma)$ are drawn.
Current black hole samples are relatively local, so their
$\sigma-L$ correlations are very different from
that of the SDSS. Bernardi et al. (2006b) suggests that current
black hole samples are biased towards objects with abnormally large
velocity dispersions for their luminosities. If this is a selection
rather  than physical effect, then the $M_\bullet-\sigma$ and $M_\bullet-L$
relations currently in the literature are also biased from their
true values. Bernardi et al. find that the bias in the
$\langle M_\bullet|\sigma\rangle$ relation is likely to be small,
whereas the $\langle M_\bullet|L\rangle$ relation is biased towards
predicting more massive black holes for a given luminosity.
Therefore, the estimate based on the velocity function (e.g. that of
Sheth et al. 2003) is to be preferred.

The $\langle\sigma|L\rangle$ relations show evidence for a
flattening at large $L$, a fact we do not use here, but which is
relevant to studies of BCGs (e.g. Bernardi et al. 2006a) and may
be relevant to studies of black hole demographics.

\acknowledgements

I would like to thank Ravi Sheth for discussions on how to generate
the ENEAR mock catalog and Monique Aller for comparisons of
velocity dispersion measurements.
This work is partially supported by NASA grant LTSA-NNG06GC19G,
and by grants 10199 and 10488 from the Space Telescope Science
Institute, which is operated by AURA, Inc., under NASA contract
NAS 5-26555.

Funding for the SDSS and SDSS-II has been provided by the
Alfred P. Sloan Foundation, the Participating Institutions,
the NSF, the US DOE, NASA,
the Japanese Monbukagakusho, the Max Planck Society
and the Higher Education Funding Council for England.
The SDSS website is http://www.sdss.org/.

The SDSS is managed by the Astrophysical Research Consortium (ARC)
for the Participating Institutions:  The American Museum of Natural
History, Astrophysical Institute Postdam, the University of Basel,
Cambridge University, Case Western Reserve University,
the University of Chicago, Drexel University, Fermilab,
the Institute for Advanced Study, the Japan Participation
Group, the Johns Hopkins University, the Joint Institute for
Nuclear Astrophysics, the Kavli Institute for Particle Astrophysics
and Cosmology, the Korean Scientist Group, the Chinese Academy
of Sciences (LAMOST), Los Alamos National Laboratory,
the Max Planck Institute for Astronomy (MPI-A),
the Max Planck Institute for Astrophysics (MPA),
New Mexico State University, the Ohio State University,
the University of Pittsburgh, the University of Portsmouth,
Princeton University, the U.S. Naval Observatory, and the
University of Washington.

redpajama_set_name: RedPajamaArXiv


The scope of #mtw3 is getting back towards learn9, combining learning and ISO 9000 though it could be learning from any quality system. It may be that forms of communication are possible anyway, more will come out at Cross Media Live. But the form of #mtw3 this week is intended as a preparation for this. So today and tomorrow I will have another look at the issues around communication as such in previous posts.
I will come back to this again anyway for the London College of Communications conference on Futures. Just at the level of words, why do they use Design and Media to describe the departments? I still can't work out what has happened to print and publishing or whatever they relate to now.
I am thinking back to OhmyNews stories for IPEX a couple of years ago. The topics seem to stay the same but the events change over time. Adobe seems more interested in Cross Media Live than a general print event. How much will they explain? I still don't know anything about a new Acrobat. What is special about Adobe analytics? At IPEX it seemed to me that digital had established parity with litho. At Cross Media there is not much sign of litho so there could be a discussion with marketing that included variable data. I realise this has been possible for a while but not much happening on any scale. I think the journalism around print is moving online and the companies exhibiting at shows are using video to communicate directly. Not sure how Printweek and the Guardian for example are reporting this. But Cross Media is an occasion to check out actual behaviour.


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text:
Ibrahim Mayaki
NEPAD Chief Executive Officer | My ideas for Africa's development
Category: Development
Local communities are vital in the fight against the pandemic
6 May, 2020 Ibrahim Mayaki
Local African organizations are making a major contribution to containing the pandemic. Over time, they have demonstrated their social usefulness and their capacity for resilience.
AUDA-NEPAD very early on understood the magnitude of the pandemic and the importance of a coordinated continental response. We have forged partnerships and mobilized resources, setting up a Coronavirus fund that has $20 million in pledges. Our response plan covers strategic areas of public health and broader public policy, and also supports the private sector which is severely impacted by the global recession. Our action plan focuses on the following seven areas: Health service delivery; human resources for health; research, development, innovation and local manufacturing; education and training; skills and employability; food and nutrition security; and finance.
Local development agents, and political, civil society and religious leaders are on the ground, communicating closely with communities on a daily basis, to raise awareness of the fight against the virus. The measures put in place over the last decade to combat the various epidemics, particularly the Ebola virus, have made it possible to ensure that infrastructure, people and resources can be mobilized quickly.
Sierra Leone built community health centres to keep up with its Ebola cases. They were used to quarantine and treat those who could still be infected. A network of caregivers, trained medical auxiliaries to assist them, village community members, and regional officials made it possible to detect, isolate the sick and educate families to prevent the spread of the virus. This system has proved its worth; the last Ebola case in Sierra Leone was treated in early March 2020, a few days before the first case of Covid-19 was declared in the country.
"Across the continent, whenever we have had to make a concerted effort, we have been able to rely on our local networks, committed to community service."
The lessons learned from this experience enabled the country to anticipate the spread of the next pandemic. A similar network was created in Nigeria to contain polio. Now, this network of more than 7,000 healthworkers across the country has been trained in record time to detect any suspected cases of Covid-19. There are many more examples of local networks in Ghana, Senegal, Morocco, Ethiopia, Rwanda and throughout Africa that have agilely and resiliently taken over from governments to prevent the spread of the virus.
AUDA-NEPAD is aware of the central role of our traditional, religious and local communities in the inclusive development of the continent. Agenda 2063, adopted in 2015, relies on traditional organizations to support our development policies. Across the continent, whenever we have had to make a concerted effort, we have been able to rely on our local networks, committed to community service.
African societies are societies of communities, not individuals, a fabric made resilient by countless interwoven struggles tackled side by side. They structure social ties and support economic development, even more so among young people, women and vulnerable populations. They safeguard our cultures so that they can withstand the passage of time, in the face of the worst disasters, including health disasters. The management of the Covid-19 pandemic, particularly in Western countries where there is less culture-based community interaction, reminds us of the solutions we have. And perhaps the rest of the world could learn from it.
Giving ourselves a chance to make AfCFTA a success
6 March, 2020 Ibrahim Mayaki
AUDA-NEPAD and Frederick S. Pardee Center for International Futures (University of Denver) jointly publish a study on the conditions for successful implementation of the African Continental Free Trade Agreement. Here are the main findings.
Since the creation of the Continental African Free Trade Area (AfCFTA) endorsed at the African Union Summit in Niamey on July 7, 2019, we have been pushing forward the idea that a common market for and by Africans is possible and create a single market for goods and services to facilitate the free movement of people and investments and lay the foundations for a continental customs union. We continue to promote this economic integration among Heads of State and Government, emphasizing the sharing of economic benefits over historical rivalries and relative gains.
This study is part of this process. It provides an overview of all the local and international challenges likely to increase or hinder the implementation of the agreement. It thus enlightens African decision-makers by providing them with objective figures to guide them in their decision-making. For the prerequisite for the implementation of the AfCFTA remains the political will to advance intracontinental trade relations. This will require stakeholders to coordinate and harmonize trade policies at the national, regional, continental and global levels.
Rethinking government revenue sources
The AfCFTA calls for the elimination of 90 per cent of tariffs on intra-African trade, which for some countries dependent on these taxes could represent a drop-in government revenue and thus an obstacle to the success of the agreement. However, according to data from the study, intra-African tariffs are low relative to tariffs between Africa and the rest of the world. About 1.5 per cent of Africa's GDP or $37 billion comes from tariffs on imports from the rest of the world. In comparison, tariff revenue from intra-African trade represents only 0.1 per cent of African GDP in 2015 or $3.5 billion. Thus, the implementation of the AfCFTA will have a limited negative effect on government revenue at the continental level.
"Conditions for the success of AfCFTA also include reducing non-tariff barriers to trade, such as poor governance, lack of infrastructure and border crossings, and the prevalence of informal trade"
Capacity building and support for the most fragile states
In addition to customs duties, the entire taxation system will have to be harmonised, particularly VAT. Many countries are unable to manage these new standards. Rigorous training of customs union officials and capacity building in each Member State are essential. For the least developed States, more direct assistance in the form of training sessions, economic assistance and guided institutional development will need to be provided by AfCFTA and partner organizations (Assembly of the African Union, twelfth special session, 2019). The study emphasizes that the success of VAT control will depend on reducing the levels of corruption associated with revenue taxes among government elites.
Tackling non-tariff barriers
Conditions for the success of AfCFTA also include reducing non-tariff barriers to trade, such as poor governance, lack of infrastructure and border crossings, and the prevalence of informal trade; diversifying exports for intra-African trade, including by increasing local manufacturing production; and strengthening the monitoring of cross-border flows of goods and services.
Reducing costs as part of the AfCFTA
To ease tensions within the AfCFTA, the study calls for the creation of a dispute settlement mechanism to resolve issues between member states. It also suggests exploring an African Union Development Fund that could support countries experiencing social upheaval due to increased trade openness by investing in human capital, infrastructure and improved governance.
Thus, the removal of all these barriers to trade, good governance and the development of infrastructure, including information and communication technologies, are essential conditions for the success of the AfCFTA. With this in mind, AUDA-NEPAD will ensure that all resources are mobilized so that the signatory states can make this immense project a real opportunity for growth for all Africans.
The report can be accessed here
Creating professional opportunities to silence the guns
26 February, 2020 Ibrahim Mayaki
In the aftermath of the 33rd African Union Summit on the theme "Silencing the guns", we reaffirm AUDA-NEPAD's role in peacekeeping in the name of economic and social development.
When Agenda 2063 was published, we had set a deadline of 2020 for the silence of arms. Once this dramatic observation has been made, we must draw the consequences and take the measure of what we must change or improve in order to guarantee peace and security for all Africans, which is an indispensable prerequisite for the development of our continent.
Our vigilance is unremitting so as not to leave any room for the proliferation of weapons. We must continue to reject violence and conflict. To this end, mechanisms for diplomatic cooperation and conflict resolution must be favoured, in line with the logic of "African solutions to African problems".
Fighting the symptoms, certainly, but we also need to treat the root cause of the disease. And to achieve this, we will need to accelerate and amplify Africa's economic and social development. The reforms undertaken are intended to be replicated and extended across the continent to meet basic human needs, including education, health, sanitation, food security, housing, drinking water and energy. The AU, the RECs and Member States have the primary responsibility for implementing development policies and programmes aimed at integrating the continent and having a positive impact on the livelihoods and well-being of all Africans, especially the youngest.
"We will continue to promote peace through job creation, through initial and vocational training in both urban and rural areas"
Thus, AUDA-NEPAD focuses on vocational training and entrepreneurship for women and youth by supporting the integration and alignment of TVET (Technical and Vocational Education and Training) in the national qualification frameworks of fifteen countries, from South Africa to Tunisia, Benin and Sierra Leone. The Agency is also involved in capacity building in the agricultural sector of twelve CAADP countries TVET. The EFPTA (Technical and Vocational Agricultural Education and Training) programme for women is already fully operational in six countries.
With the Skills Initiative for Africa (SIFA) programme in seven countries, we are supporting the empowerment and skills development of young people. National action plans for rural youth employment and entrepreneurship have been developed and validated in Benin, Cameroon, Malawi and Niger.
The 100,000 SMEs for 1 million jobs programme also aim to create opportunities for 1 million young people by 2021. Recommendations have been made to encourage initiatives to accelerate the reforms needed to improve the business environment and promote youth entrepreneurship.
Clearly, on a continental scale, these programmes are necessary but not sufficient. We will continue to promote peace through job creation, through initial and vocational training in both urban and rural areas, through the development of the health sector, through the protection of nature and the fight against global warming and its consequences in terms of population displacements, through the interconnection of countries and regions to facilitate trade and thus openness to others. We will continue to build and rebuild bridges and roads between peoples, where others are destroying everything in their path.
Giving meaning to collective action
3 February, 2020 Ibrahim Mayaki
On the eve of the 33rd Summit of the African Union, which will be held on February 9 and 10 in the presence of all the States of the continent, it is essential to recall the ties that unite us. Reinvesting in our territories, strengthening our economic regions, abolishing customs borders, and freeing ourselves from external constraints are all elements that will enable us to regain the meaning of our actions and stimulate our ability to unite around common values.
A paradigm shift is needed
The new decade that is beginning holds out the hope of a paradigm shift if we respect what we preach. Our continent, whose youth and dynamism are its real wealth, must meet the high expectations of social justice and equity in the distribution of wealth of a population that is increasingly integrated around a globalized conception of economic and political life. We have no choice but to rethink our relationship to ourselves and to the rest of the world. To this end, from now on we have sought to include and involve our youth in the design and implementation of Agenda 2063, our continental vision of socio-economic transformation.
Play as a team
Since its recent establishment, the African Union Development Agency (AUDA-NEPAD) promotes regional economic integration, cross-border projects and aims to strengthen its cooperation with the regional economic communities. The launching of major PIDA priority projects – the North-South or Abidjan-Dakar corridors, the Abidjan-Lagos coastal corridor, the Dakar-Bamako railway lines, the Zambia-Tanzania-Kenya Transmission Line (ZTK) and so many other achievements – is the fulfilment of our wish to work together. Henceforth, the progress of regional integration is moving in the direction of an interconnected continent, obviously transcending borders.
"It is also an opportunity for African political and economic actors to aim for democratic consensus and adopt a common position in international negotiations."
Facing climate change
Included in Agenda 2063, the protection of biodiversity, the conservation and sustainable management of natural resources, water security and renewable energies are critical strategic choices. Indeed, there can be no sustainable growth without inclusion, and this will be even more true in the years to come. The urgency of meeting the challenges posed by climate change calls for a two-pronged approach: mitigating the causes and adapting to the consequences. Hence the need to focus on development with the highest possible ecological value. This implies planning differently and implementing concrete adaptation measures, building resilience, reviewing our food systems, adopting green economies that are resilient to climate change, improving climate and weather monitoring. It is also an opportunity for African political and economic actors to aim for democratic consensus and adopt a common position in international negotiations.
Breaking down borders for the free movement of people
Unless there is a denial of the obvious, population displacements respond to a need for survival and security. Hindering this movement means running the risk of seeing poor populations trapped in a vicious circle of impoverishment and the most dynamic areas deprived of labour power. Rethinking our borders to allow free movement. We must work to make this possible and in the best possible conditions.
In this context, important steps have been taken on two of the key objectives of Agenda 2063: the creation of a continental free trade area, FTAA, and the creation of a Single African Air Transport Market (SAATM). Indeed, 80% of air traffic in Africa is still handled by foreign companies. A major objective of Agenda 2063, SAATM was launched on 28 January 2018 by the AU Commission. The liberalisation of market access between African States, the free exercise of traffic rights and the liberalisation of frequencies should contribute to the continent's socio-economic integration and growth. As for the FTAA, which started in March 2018, once in force, it will be the largest trade zone in the world, theoretically expected to increase intra-African trade by 52% by 2022, eliminating customs duties on 90% of goods. Let's free up our spaces on earth or in the air. This is a challenge.
We are now at a crossroads. We have never been so collectively aware of our material and immaterial resources, of our strengths, of our place to create in this uncertain world. Meanwhile, these uncertainties in the face of major demographic, climatic, political or economic changes are accelerating. At the dawn of this new decade, our responsibility as citizens is to ensure that the hopes of our young people and the dreams of the founding leaders are not in vain.
Why is the proper structuring of major infrastructure projects in Africa a priority?
17 December, 2019 17 December, 2019 Ibrahim Mayaki
Financing projects upstream, building partnerships between public and private operators,
AUDA-NEPAD accelerates its efforts to advance the continent's development.
Since the Dakar Financing Summit in June 2014 and President Macky Sall's push to advance high-impact projects across the continent, including those of integrated corridors with a regional dimension, ambitious national and transnational projects have been presented each year. According to the last figures released by the Infrastructure Consortium for Africa (ICA) in 2018, the level of Africa's infrastructure commitments have exceeded US$ 100 billion, for the first time, a 24% increase compared to 2017. African governments were the main source of infrastructure financing, with US$ 37.5 billion dollars (37% of total commitments), followed by China, which committed 25.7 billion dollars (25% of total commitments). For its part, the private sector only contributed by US$ 11.8 billion (12% of total commitments). Given the high potential for significantly heifer private sector investment, our efforts must be concentrated in structuring infrastructure to meet investment requirements.
The time required to properly develop and structure infrastructure projects is long, in the best case usually between taking between three to seven years before reaching financial close. Moreover, according to an Okan / CEO Forum report, 83% of African Public-Private Partnerships are abandoned, not because of lack of funding, but because they are poorly designed or not commercially viable. Project development costs for large-scale PPP infrastructure projects can account for 5% to 10% of the total project investment.
To avoid this loss of time and money, AUDA-NEPAD and its partners have developed a series of tools to support the preparation and financing upstream of Africa's regional and national infrastructure projects to enable more effective definition and structuring aligned with investor requirements. Related funding mechanisms are required to cover the costs of project development including project management, transactions advisory, technical studies (pre-feasibility, engineering, feasibility, socioeconomic development, environmental), business plans, financial models, among others.
The high level of technical challenges, from the complexity of the different environments to the the transnational nature of certain infrastructure projects – such as the 330 KV transmission project of Niort Core crossing four countries (Nigeria, Niger, Benin, Burkina Faso) – require a very high level of expertise and the mobilization of many international operators, therefore resulting in additional costs.
Thanks to specific technical assistance mechanisms, such as the SDM (Service Delivery Mechanism), the preparatory studies for the construction of the 1,000 km section between Abidjan and Lagos have mobilized joint financing of US $ 22.7 million from the AfDB and the European Union. A team of experts worked for 18 months during the preparatory phase in Lagos to enable the establishment of the Abidjan-Lagos corridor. This project has led, within ECOWAS, to the signing of a multilateral treaty between the Heads of State and Government of Benin, Côte d'Ivoire, Ghana, Nigeria and Togo, creating a supranational authority, the Abidjan-Lagos Corridor Management Authority (ALCoMA), a first in Africa. ALCoMA will facilitate the management and coordination of the entire project cycle, from preparation to construction, including operation and maintenance.
Following the same inclusive and integrative logical thinking, the LAPSSET megaproject in East Africa, estimated to cost in total US$ 25 billion, is an example of a significant government initiative aimed at establishing transnational partnerships between public and private institutions. Projects in development include Lamu Port in Kenya, a normal gauge railway line linking Juba to southern Sudan and Addis Ababa in Ethiopia, the development of a broad road network, two pipelines in southern Sudan and Ethiopia, an oil refinery in Bargoni, Kenya, three airports, among other projects. This ambitious series of projects involve a cross-section of national and international investors, both debt and equity.
In order to facilitate and deepen the public-private dialogues required to remove one of the main obstacles to infrastructure development on the continent — the lack of consideration of private sector constraints in the implementation of major projects — the Continental Business Network (CBN) was launched on the sidelines of the World Economic Forum in Cape Town, South Africa, in June 2015. Private sector leaders are systemically invited to share their advice and capacity in order to advance the critical infrastructure projects being advised by AUDA-NEPAD.
It is crucial that we work actively to fill our infrastructure gaps – by addressing the broader issue of integrated approaches to infrastructure development while building partnerships with key stakeholders: the private sector, institutional investors, African governments and willing development partners.
We need to engage together across the public and private sectors in collaborative frameworks to further the development of initiatives such as the 5% Agenda to mobilize funding from African pension funds and the Africa Infrastructure Guarantee Facility to scale guarantees, creating the enabling environments required to attract more private capital to Africa's infrastructure.
My message at the conference "Rethinking Development in Africa" at Columbia University | SIPA
7 October, 2019 9 October, 2019 Ibrahim Mayaki
On 27 September 2019, I had the opportunity to share my opinion and vision on the key issues that will drive the debate on Africa's development during a conference organized by Columbia University School of International and Public Affairs under the theme: "Rethinking Development in Africa".
I address covered the following areas: Africa's transitions versus policies; governance versus policies; global uncertainties versus Africa's uncertainties, and; reflections on rethinking development.
It is not prudent to continue to view 'development' in traditional paradigms, considering that 'development' itself requires new thinking in order for real transformation to take place, given the present conditions.
In fact, the critical transitions that are taking place on the continent include demographic, technological, natural systems, climate change, governance systems as well as human development transitions. None of these transitions can be dealt with independently, and moreover, the transitions make it difficult for youths in the development space, who already predominantly have a negative perception on the delivery of policymakers. Therefore, policymakers need to understand these transitions fully and prepare adequately.
Power relations have changed fundamentally, meaning governance systems are inadequate, which cannot be changed in a top down manner. Therefore, the inadequacy of governance systems makes power irrelevant, as it has been shown recently in several countries on the continent. There is therefore a shift in power from centralised power to more local governance systems and local communities.
Furthermore, governance could strengthen its credibility with renewed and innovative forms of governance as is the case of a country such as Botswana, which has inclusivity as a strong trait in its governance system. Inclusivity is therefore an absolute and essential component in rethinking development unlike was the case years ago.
With regards global uncertainties and Africa's uncertainties, it was observed that aid, which was a strong component in Africa's development agendas, is now disappearing, with the role of the multilateral system being questioned. In addition, an agenda on global sustainable development that must be applied by all countries shows that Africa is lagging behind.
However, Africa is now looking at its own regional and internal markets through the African Continental Free Trade Area, meaning that even at the current time of global uncertainty, a great opportunity for Africa exists. The fragmentation of African countries necessitates that the continent implements regional solutions for national challenges, and the strengthening of regional and internal markets to restore credibility of national governments.
Some of Africa's uncertainties include the fact that in the next eight years or so, most of the incumbent African presidents will no longer be here, paving the way for new leaders who will emerge out of democratic processes. Therefore, the youth will have a stronger role to play in the continent's new political administrations. However, the uncertainty is whether the new leaders will emerge through sound democratic foundations or through populist solutions, or even whether they will emerge out of an increased level of conflicting scenarios.
In conclusion, I reflected on rethinking development, stating that the best way to include youths in Africa's development framework, Agenda 2063, is to let them be a part of its design and implementation.
A change of paradigm is there needed in the co-production of public policies. Africa will need to reinvent its governance systems with the empowering of local communities and implementation of regional solutions. In addition, the way people identify with development policy, is the extent to which they feel that their dignity is being upheld. Moreover, rethinking development also means rethinking justice systems.
Belinda Archibong, Assistant Professor of Economics at Columbia University, a discussant at the address, commented that Africa does not really need to develop on aid, but more on trade. She also noted that another critical area is in the closure of the youth participation gap in governance systems.
Akbar Noman, Adjunct Associate Professor of International and Public Affairs at Columbia University, also a discussant said, "The importance of the transitions highlighted by Dr Mayaki, especially the one on demographics, projecting what will be needed in the labour force and its nexus with climate change, is important in answering the question on the generation of employment."
Here you will find the full video of the « Rethinking Development in Africa » conference at Columbia University | SIPA on Friday, September 27 in New York
Global warming is at the core of the African Union Development Agency's priorities
4 October, 2019 Ibrahim Mayaki
AUDA-NEPAD integrates the fight against global warming into a global perspective of the continent's economic development.
The latest United Nations Climate Summit highlighted the differences in approach between polluting countries, major industrial powers and countries suffering the consequences, particularly those in Africa. AUDA-NEPAD, in its DNA, has this environmental dimension.
Since its creation, we have constantly integrated into each of our programs, the sustainability and protection of our biodiversity. Since October 2001, with the launch of the Environment Initiative, mechanisms have been put in place to combat global warming, such as combating land degradation, wetland conservation, the sustainable conservation and use of marine and coastal resources, and the cross-border conservation and management of natural resources.
AUDA-NEPAD is committed to the implementation of Agenda 2063, which sets out a common continental strategic framework to promote inclusive growth and support sustainable development. We will not wait 50 years to act. The first deadline is therefore 2023.
"This illustration of the objectives to be achieved by 2023 shows the African Union's commitment to building environmentally sustainable and climate-resilient economies and communities, as called for in Goal 7 of Agenda 2063."
The protection of biodiversity, the conservation and sustainable management of natural resources, water security and renewable energies: for each of these challenges, strong proposals have been adopted, enabling States to draw up a clear and quantified roadmap. In concrete terms, by 2023, the proportion of land used in an eco-sustainable manner must reach at least 30% of the total. Transboundary natural resources will now have to be integrated as natural capital in the negotiations. Water security requires better management of rainwater and irrigation, including the promotion of the use of recycled wastewater for agricultural or industrial purposes. In addition, we will support all actions to reduce the share of fossil fuels in total energy production to minus 20% and to increase the share of renewable energies in total energy production by at least 10%.
To support these initiatives, all public and private funding mechanisms will be involved. At the national level, between 75% and 90% of the financing of Agenda 2063 will be done through the mobilisation of domestic resources. At the continental level, the African Development Bank has already announced a doubling of its financial commitments for climate action, bringing its contribution to $25 billion between 2020 and 2025.
Spending on climate change adaptation measures is not a sunk cost. According to the latest report of the United Nations World Commission on Adaptation, investing $1.8 billion in these measures could generate $7.1 billion in benefits between 2020 and 2030. The United Nations thus confirms that the antagonism between economic development and the fight against global warming is no longer economically justified.
In this regard, the African Union Development Agency continues its efforts by continuing to innovate in strategic growth-generating sectors while meeting its responsibilities in addressing the global challenges of mitigating the effects of global warming and adapting to these changes.
Q&A: The African Union's first ever Development Agency
30 August, 2019 Ibrahim Mayaki
Question: Please take us through the journey that the led to the creation of the African Union Development Agency-NEPAD.
Dr Ibrahim Mayaki: The African Union Assembly of July 2018 approved the establishment of AUDA-NEPAD as the technical executive agency and development anchor of the continent with its distinct legal identity and defined by its own statute, to deliver on the development priorities articulated by the African Union. Its establishment is part of the overall institutional reforms of the African Union.
At the 31st Ordinary Session of the Assembly of African Union Heads of State and Government in Nouakchott, Mauritania, a decision was officially adopted to transform the NEPAD Planning and Coordination Agency into the African Union Development Agency (AUDA-NEPAD).
The vision of AUDA-NEPAD is to 'Harness knowledge to deliver the Africa we want.' The mission of the organisation is to provide a platform for African countries in order to ensure the effective and integrated planning, coordination and implementation of programmes and projects aimed economic integration and development, and embracing of AUDA-NEPAD's principles and values.
Positive discrimination in favour of major African companies is needed
5 August, 2019 Ibrahim Mayaki
What concrete changes will result from the transformation of the New Partnership for Africa's Development into an AUDA?
The agency has autonomy of execution and freedom to mobilise resources, for example, with advisory services to states and regional organisations. Thus, the African Union Commission is delegated certain tasks of implementing development policy and will be able to focus on political orientation, governance, peace, security [and so on].
Read the full interview on Africa report website.
Diaspora remittances are a key source of financing for Africa's development
29 May, 2019 6 June, 2019 Ibrahim Mayaki
Whether formal or informal, remittances from the diaspora have long been undervalued. However, they characterize a large part of Africa's financial life. These financial flows between individuals contribute significantly to the economic growth of African countries: between 10% and 20% of the GDP of some countries, from Senegal to Lesotho, thanks to remittances that are sent through formal channels. According to the World Bank, money transfers to Sub-Saharan Africa represent $46 billion for the continent as a whole in 2018. These transfers have become more important than official development assistance.
Donors have been slow to realize the importance of remittances. The first report was published only in 2010 by the World Bank and the AfDB. It estimated that some 30 million African nationals from the diaspora, including North Africa, made "formal" transfers through traditional banking networks.
Another category of less documented flow, that is crucial in daily life, is the funds that flow between African countries, such as Nigerian operators who source agricultural inputs in Côte d'Ivoire, Somali expatriates who support their families from South Africa or Malian manufacturers who source cement in Senegal, for example. These exchanges do not necessarily involve direct transfers. They are based above all on a form of "relational" economy specific to our continent and is based on trust. (see below the main amounts of remittances in Africa).
We can also note that a significant proportion of money transfers are made through informal means. In reality, this money circulates through ingenious channels, aimed at circumventing exchange control regulations or fees charged on international transfers. A simple call between New York and Dakar is all it takes, through banks managed by the "Modou-Modou", small traders belonging to the Muslim community of the Mourides. These dematerialized money transfers are based on trusted networks and intermediaries charging small commissions: for example, an informal operator in Morocco will take the money of a Senegalese in Morocco who would like to transfer it home, but keep the cash for a different transaction made by another Senegalese customer in Morocco.
Commissions are half the amount of the 10% or so charged by some remittance companies that are deeply involved in Africa and are located in every cities from which migrants leave, such as Louga in Senegal or Kayes in Mali. The market is huge, since 80% of African migration takes place within the continent, according to the African Union.
These agencies share a rapidly expanding sector, with 61% of the market share of a $4 billion per year market according to the World Bank. This is a trend coveted by banks (32% market share), post offices (5%) and, increasingly, by mobile phone operators. Some operators, particularly in Kenya, have changed the situation, such as the M-Pesa electronic wallet. This approach has been adopted across the continent.
Two countries are leading by example. Ethiopia launched in 2002, a website, the Ethiopian Diaspora Directorate, which identifies investment opportunities in the country for the diaspora members. They are very involved in their home countries, the Ethiopian diaspora the Ethiopian diaspora has invested more than $56 million in the project to build one of Africa's largest hydroelectric dams, the Great Renaissance. Rwanda launched the Agaciro sovereign solidarity fund in 2012, which has raised €51.5 million in four years.
In fact, African financial success stories are countless. The Dahabshiil remittance network, founded in 1970 in Dubai by Somali businessman Abdirashid Duale, has grown to the size of a multinational… It has more than 2,000 employees in 144 countries. They have the advantage of receiving declared salaries, with pay slips. A good way out of the informal sector, while taking advantage of the huge contribution of migrants, whether on the continent or elsewhere.
Source : The Global Knowledge Partnership on Migration and Development, 2019
A united Africa against the pandemic
My selected books of the year 2019
ALL THE LATEST ARTICLES HERE
©	Ibrahim Mayaki 2019. All rights reserved
"L'Afrique à l'heure des choix" est disponible en ligne via Amazon et la FNAC.
Ce livre s'adresse à la génération qui arrivera aux commandes en Afrique au cours des deux prochaines décennies. C'est à la fois un avertissement et un guide, ainsi qu'un message pour ceux qui devront faire face à la période de changements importants auxquels l'Afrique va très bientôt devoir faire face, que ce soit en termes économiques, politiques ou démographiques.

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What is "innocent" copyright infringement?
Posted by Steve Vondran | Mar 26, 2016 | 0 Comments
Copyright Law Basics – "I made an honest mistake" defense
As a litigation attorney we have handled all kinds of intellectual property disputes, from trademark bully cases to software infringement disputes. One of the main issues in copyright cases is defining whether or not there was "willful" infringement. In many cases the business owner (or individual) simply didn't realize there was unauthorized copies of the copyrighted work, whether the subject of the scuffle is art, photographs on a website, videos, comics, video games, or software. This blog discusses what happens when the Defendant in a case (or business owner who receives an audit letter alleging piracy of products such as Microsoft Office, Windows, Autodesk Autocad, Adobe or other products), had no clue that wrongful conduct was taking place by themselves, or their employees and staff.
Listen to Attorney Steve® explain how to argue INNOCENT COPYRIGHT INFRINGEMENT and save a TON of MONEY on settlements
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Is "Innocent Intent" a Defense to Copyright Infringement?
The first thing to think about before turning to the question of defenses is WHAT IS COPYRIGHT INFRINGEMENT? The short answer was addressed by one federal court case which noted:
Not all copying, however, is copyright infringement. To establish infringement, two elements must be proven:
(1) ownership of a valid copyright,
(2) copying of constituent elements of the work that are original. See Harper & Row, 471 U.S., at 548, 105 S.Ct., at 2224. See Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361, 111 S. Ct. 1282, 1296, 113 L. Ed. 2d 358 (1991)
As you can probably see, there is no requirements that the copyright or infringement be "intentional" or "willingly" or even "knowingly." In other words, unlike what happens in CRIMINAL LAW, a "guilty mindset" is not one of the elements of copyright infringement that must be proven. It's not part of the definition.
So that brings us to the question of whether "innocent" infringement is a defense to copyright infringement including software piracy.
This "defense" is explained in once case, and as you can see:
"Innocent intent generally is not a defense to copyright infringement, and injunctions may be issued without a showing of willful or deliberate infringement." See Williams Electronics, Inc. v. Artic International, Inc., 685 F.2d 870, 878 (3d Cir.1982). There is, however, some authority for the proposition that a court may consider a copyright infringer's innocent intent, as well as potential harm to the public, when fashioning the remedy for infringement. See Cadence Design Systems, Inc. v. Avant! Corp., 125 F.3d 824, 829 (9th Cir.1997); Abend v. MCA, Inc., 863 F.2d 1465, 1479 (9th Cir.1988). See CyberMedia, Inc. v. Symantec Corp., 19 F. Supp. 2d 1070, 1079 (N.D. Cal. 1998). As this makes fairly clear, having an innocent or good faith explanation for infringing the copyrighted goods of another person or company is not a surefire way to have a case dismiss, (i.e. it will not stop the Plaintiff from seeking or being able to obtain an injunction), the judge may consider the mindset and intent of an infringer when it comes time to fashion a remedy for infringement.
9th Circuit Model Jury Instructions re Innocent Infringement
In looking at the Model Civ. Jury Instr. 9th Cir. 17.26 (2007), Model Civ. Jury Instr. 9th Cir. 17.26 (2007), "An infringement is considered innocent when the defendant has proved both of the following elements by a preponderance of the evidence:
1. the defendant was not aware that [his] [her] [its] acts constituted infringement of the copyright; and 2. the defendant had no reason to believe that [his] [her] [its] a cts constituted an infringement of the copyright
As the jury instructions note the BURDEN OF PROOF is on the Defendant to show the innocence of their conduct.
Immigrants who are unsophisticated and do not understand the laws of the United States may get more leeway in settlements
Our firm handles many types of infringement claims and many minorities, foreigners, and immigrants are being sued for photo infringement, using software outside the licensing conditions and illegal movie file sharing on the internet. Companies like Strike 3 Holdings, and Malibu Media are filing mass copyright cases across the United States (ex. California, New York, Illinois, Colorado) and many of these people are being sued. While we are all immigrants, and we all have different levels of knowledge, newer persons to our communities are normally not aware that they are doing anything wrong by downloading files on BitTorrent protocol (think Napster, how many "educated" citizens had any clue they were doing anything illegal.
At any rate, I think you get my point. Some people (of any race, color, ethnic background) may be more unsophisticated than the next. In these circumstances, there is federal case law that addresses this situation and the Courts are permitted to consider the level of sophistication in crafting an award (watch my video above as I discuss the case).
The case is the D.C. Comics vs. Mini Gift Shop Case - 912 F.2d 29 which noted:
"Warner, through its subsidiaries, owns and licenses certain copyrights related to the comic book character "Batman." Immediately prior to release of the movie Batman in the summer of 1989, Warner discovered that merchandise infringing on its copyrights was being sold at various flea markets. At about the same time, Warner discovered that infringing goods were also being sold in retail stores. After making some informal efforts to discourage the sale of such goods, Warner commenced the three actions involved in this appeal seeking permanent injunctions, destruction of the infringing goods, monetary relief and attorney's fees under the Copyright Act. Since the facts and issues differ, the retail store action and flea market actions will be addressed separately.
The burden is on the defendants to establish that any infringement was innocent. Although "it is not sufficient for a defendant merely to claim such innocence, and then rely upon the plaintiff's failure to disprove the claim," 3 M. Nimmer & D. Nimmer, Nimmer on Copyright Sec. 14.04[B][a], at 14-40 (1989), the defendants may rely on evidence introduced by the plaintiff that tends to support their defense of innocence, see Bradford Audio Corp. v. Pious, 392 F.2d 67, 73 (2d Cir.1968). Having chosen to consolidate these individual actions against unrelated defendants, Warner also will not be heard to complain that evidence introduced by one defendant benefits all. In this regard, the district court was presented with evidence that there were no copyright notices on the infringing goods and that a layman would not be able to distinguish between licensed and unlicensed goods based on the style or quality of the art work. This evidence tends to establish that defendants' infringement was innocent. Compare Dolori Fabrics, Inc. v. The Limited, Inc., 662 F.Supp. 1347, 1354 (S.D.N.Y.1987) (Lumbard, C.J., sitting by designation) (copyright mark removed prior to defendant's purchase of infringing goods) and L & L White Metal Casting Corp. v. Cornell Metal Specialties Corp., 353 F.Supp. 1170, 1172, 1174 (E.D.N.Y.1972) (Moore, C.J., sitting by designation) (product purchased from third-party manufacturer with no copyright notice) with Original Appalachian Artworks, Inc. v. J.F. Reichert, Inc., 658 F.Supp. 458, 464-65 (E.D.Pa.1987) (defendants not innocent infringers where goods "were clearly marked as being copyrighted material").
The mere absence of a copyright mark is not sufficient to establish innocent infringement, of course, if the defendant had reason to believe the goods were copyrighted and unlicensed. The reduction of statutory damages for innocent infringement requires an inquiry into the defendant's state of mind to determine whether he or she "was not aware and had no reason to believe that his or her acts constituted an infringement." 17 U.S.C. Sec. 504(c)(2); see also Fitzgerald Publishing, 807 F.2d at 1115. The court determined that the defendants who appeared at the hearing and trial lacked "the sophistication or level of understanding" to prompt an inquiry into the source of the unmarked goods. The court had a short colloquy with each pro se defendant at the start of the hearing. Plaintiffs' own evidence also established that the defendants were unsophisticated merchants. The level of sophistication of the defendant in business is an entirely proper means of determining whether or not his infringement was innocent. See Warner, 877 F.2d at 1126 (court "may take into account the attitude and conduct of the parties"); cf. Little Mole Music v. Spike Investment, Inc., 720 F.Supp. 751, 755 (W.D.Mo.1989) ("experienced operators[ ] in the ... business" were not innocent infringers).
How this plays out in real life copyright cases?
The Plaintiff (or a large software publisher in BSA or SIIA audits), will be pushing hard to try to establish that the Defendant (or business owner) was engaged in " willful" conduct, while the Defendant will be trying to limit their legal liability by fighting hard to show any illegal copying, reproduction, distribution, etc., was merely innocent and large monetary damages should not attach. This is basically how the fight goes. So as your copyright counsel, we will help you explore all the relevant aspects of your case in order to steer the facts into innocent, as opposed to willful misconduct. If we represent a Plaintiff or software company, of course the opposite is true.
Listen to Attorney Steve® explain "Innocent" copyright infringement defense
PODCAST: Click on the image above to hear this broadcast dealing with photo infringement defenses. The defense may work in cases involving alleged illegal movie downloading, software piracy and other copyright infringement cases.
If the defense applies, must the judge reduce the damages?
Not necessarily. At times, the $200 minimum statutory damage award may apply, but the judge is NOT required to keep it to this low level as noted in another federal case in Los Angeles News Serv. v. Tullo, 973 F.2d 791, 800 (9th Cir. 1992) which held: "AVRS claims that because it had a good faith belief in the legality of copying the newscasts containing LANS's copyrighted material, the district court erred by awarding more than minimal damages. AVRS relies on 17 U.S.C. § 504(c)(2), which provides that "in a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200." The district court did not find AVRS " had no reason to believe" its acts did not constitute infringement. Even if the court had so found, § 504(c)(2) does not mandate a nominal award. On this record, the district court did not abuse its discretion by declining to reduce the award." So although you always want to fight for the innocence if you are the Defendant, this is not the same as saying you will only face minimal damages for infringement.
Contact us to speak with a lawyer
If you are facing a copyright infringement cease and desist letter, arbitration demand, software audit with BSA, SIIA, Autodesk or Adobe, or dealing with other claims of piracy of games, videos (Malibu Media or Strike 3 Holdings adult porn videos), photos, comics (Marvel), videos, or other copyrighted works, contact us for a free initial consultation. We offer flat rate legal fees for many non-litigation cases, and tenacious legal representation in all cases. Call us at (877) 276-5084 or fill out the form submission and we will get back to you.


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PRPhotos.com
PNB Rock Dead At 30
Rapper PNB Rock was shot and killed yesterday. He was 30. According to TMZ, the Philly rapper was fatally shot during an armed robbery at a Los Angeles Roscoe's Chicken & Waffles restaurant. The rapper was at Roscoe's with girlfriend, IG model Steph Sibounheuang, who is also the mother of one of his daughters.
Rock, born Rakim Hasheem Allen, was transported to a hospital after the shooting but was unfortunately pronounced dead at 1:59 pm PST.
According to eyewitnesses, the perpetrator attempted to take the rapper's jewelry. LAPD Captain Kelly Muniz said that the perpetrator "shot the victim and ran out the side door to a getaway car and then fled the parking lot." Investigators are currently checking security video from inside the restaurant to identify the shooter.
PnB Rock is survived by his two daughters, Milan and Xuri, who he shared with Steph.
HIP HOP REACTS
The hiphop community took to social media to react to PNB Rock's death. Nicki Minaj tweeted, "After Pop Smoke there's no way we as rappers or our loved ones are still posting locations to our whereabouts. To show waffles & some fried chicken????! He was such a pleasure to work with. Condolences to his mom & family. This makes me feel so sick. Jesus. #SIP #PnbRock." PNB Rock's girlfriend posted that she was eating a Roscoe's on Instagram shortly before the rapper was shot and killed.
Cardi B wrote, "I highly doubt n*kkas was looking at PMB's babymom IG. He was in a bad location and people stay outside plotting. It's very irresponsible and inconsiderate to blame her for something so tragic. We should be sending nothing but love to her and his family at this time."
More reactions:
Meek Mill: "Sh*t burnnnnneddddd my soul bad today.'
G Herbo: "YOU JUST F*CKED ME UP GANG SH*T BREAK MY HEART FR! LOVE YOU BRO GOD BLESS YO FAMILY."
Juicy J: "R.I.P. PNB Rock. Damn mane this is so sad."
Kodak Black: "SMH PNB WAS MY BOY I WAS JUST OTP WIT EM LAST NIGHT! WE BE TALKIN BOUT HIM COMIN BACK OOUT & POPPIN HI SH*T AGAIN IN THE RAP SH*T. THAT B*TCH MIGHT AS WELL KILL HERSELF."


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Why government's nuclear deal will destroy SA
Former ANC MP Andrew Feinstein (pictured, right), who resigned from parliament in protest over the bribes compatriots took from South Africa's infamous R70bn Arms Procurement Deal, says that plundering will "seem like small change" against what's planned from the proposed Nuclear Build programme. In our interview two months ago, Feinstein urged his countrymen to "take to the streets".
He believes concerted action by civil society is the only way to stop political insiders driving through a deal with Russia that's certain to bankrupt the country. Resistance to the plan is gaining momentum with two NGOs yesterday finalising their answering affidavit in a a court action against the Government. They also joined with the spectacularly successful anti-etolls movement OUTA to produce the embedded video which unpacks the realities of what the Zuma Administration wants to visit upon South Africa. Watch it. Or be prepared to repent at leisure.
This video is not about an environmental issue. It's about another type of nuclear bomb. The destruction of South Africa's economy, ruining the future for generations to come. It's clear that Government is planning a nuclear bomb for South Africa's economic future. Let's unpack the nuclear deal.
22nd September 2014: South Africa's Minister of Energy, Tina Joemat-Pettersson signed a Russian intergovernmental agreement on strategic partnership and nuclear cooperation, in secret. This contract is binding for 20 years and paves the way for Rosatom to build nuclear facilities in South Africa.
Rosatom is a state-owned Russian company, just like Eskom is controlled by the Government of South African and also, notorious for mismanagement and tardiness in delivery. Internationally, the nuclear deal was revealed to the public for the first time when published on the Rosatom website and announced by the Russian media in September 2014. They retracted their statement in 2015, calling it a 'public relations mistake'. However, Rosatom's 2014 annual report on their website tells a different story.
According to SA Government records, the state law advisor recommended that this agreement should be tabled for discussion in and approval by Parliament under Section 231.2. However, Minister Joemat-Pettersson tabled it in terms of Section 231.3, thereby sidestepping parliamentary debate and approval.
Why did she choose to act against this advice? Who knew about this deal? The National Executive, the President of the Company, and the Cabinet certainly knew about it when they allegedly approved it on the 9th of December 2015.
Why was Parliament and therefore, the public, kept in the dark?
The first time the South African public heard that the country was definitely going nuclear was on 21st of December 2015. On this day, the Government newspaper confirmed that the Minister had approved the procurement of nuclear energy. Government's own documents clearly show that the previous Minister of Energy (Ben Martins) had already signed the determination to procure nuclear energy on 11th of November 2013. When confronted about his signature, Minister Martins denied that this was discussed with him.
So when did the Government approve this? Somewhere between the firing of Nhlanhla Nene on SA's fateful D-Day, 9/12/2015 and Des van Rooyen's weekend as Minister of Finance and the reappointment of Pravin Gordhan. Note that both Gordhan and Nene were adamant that SA cannot afford this nuclear deal.
It has been suggested that Nene's dismissal is linked to his opposition to a number of deals, including the nuclear deal. His irrational dismissal and replacement with the unknown backbencher, van Rooyen (later reported to be a Gupta favourite) has cost the country billions of Rands in investment and negatively impacted on our international credit rating.
If this is true, the nuclear deal has indirectly already cost South Africa billions of Rands. It has further been suggested that the Gupta family's purchase of a uranium mine round about the same time, could possibly also be linked to the nuclear contract.
Government's ambition is an extra 9.6GW of nuclear power. The Department of Energy has been appointed to purchase and Eskom to own and operate the nuclear power plants.
South Africa's top cartoonist Zapiro clearly has strong views on SA President Jacob Zuma's desire to land taxpayers with a $100bn nuclear power fleet. More of his magic at Zapiro..com
On the one hand, we have Minister Joemat-Pettersson saying, "We will only implement what our country can afford. The process is above board and free from any potential for corruption. We will not rush the process and will meet all the necessary national and international requirements for the new build process." Yet, the World Nuclear Association recently published that eight nuclear reactors have already been ordered for Thyspunt, an area in the Eastern Cape between Cape St. Francis and Oyster Bay.
The area is described as the Coastal Cradle of Humankind. Do not be fooled that this deal is about job creation in South Africa. It is all about money, flowing offshore.
Alexander Merton, President of Rosatom International Network explicitly states that foreign currency revenue makes up 50% of Rosatom's total revenue. The goal is to strengthen Russia's global position. Since the Russian Ruble is weakening, every Dollar earned is important for Russia. According to the World Nuclear Association, Russia's GDP gains two Rubles for every one Ruble invested in building nuclear power plants abroad last year as well as enhanced trade.
It is clear that Russia will benefit and not South Africa
What about the additional energy? Do we really need it? Solar potential is vast compared to the energy reserves of the planet. The deployable potential of solar is larger than all other energy resources combined – both renewable and finite. Internationally, the demand for energy from finite sources like coal, uranium, petroleum, and natural gas has declined. Nuclear reactors were taken offline in countries like the U.S.. and Sweden due to the high cost. More and more people are converting to green and low energy solutions and there has been an massive swell in utilising renewable sources like solar, tidal, and geothermal etcetera.
Independent power producers that use green technology such as wind and solar, are rapidly increasing and businesses and houses are going off the grid. Technology is developing to fast and becoming cheaper so there is little need for nuclear power.
Energy expert Anton Eberhard agrees with us and says, "We have already ordered more power than what we will need by 2030. The new Eskom, Medupi and Kusile coal power stations will add 9.6GW. The Ingula pumped storage scheme – 1.6GW. Two peaking power stations (Dedisa and Avon), ordered by the Department of Energy, will add 1GW. Together, these power procurements exceed what we will need in the next 15 years.
Eberhard proposes that South Africa should avoid locking in mega-capital, intensive power projects. These have risks of cost overruns and long and uncertain build times, and we should rather adopt dynamic and flexible electricity planning.
International conference says nuclear is NOT cheaper
Is nuclear really cheaper? No, say experts at a recent international conference held in Paris. The conference addressed the challenge of financing nuclear energy in the 21st century. Findings were based on the analyses of more than 180 plants in 22 countries. The results clearly show that there is no economic case to be made for procuring the full 9.6GW of nuclear power by 2030.
South Africa energy expert Chris Yelland has done the maths. New wind, solar PV, and gas will cost only R1.00/kw. New coal energy will cost between R1.05 and R1.19/kw. However, new nuclear energy will cost South Africans between R1.30 and R1.52/kw. It makes no sense to go nuclear.
Dawie Roodt, South African Economist of the Year is pro-nuclear although he has serious concerns about its economic impact.
How to sink our economy
"We don't even need a deal like this to sink the South African economy. We are already in seriously deep trouble. If you add this to the economy, I'm afraid it's going to be fatal.
This nuclear deal cannot happen now. You cannot enter into an agreement with anybody else at this stage because there's too much homework that we need to complete first."
It is estimated that South Africa would need to borrow R1.2trn. Do you know how much one trillion Rand is? One Trillion is R1,000,000,000,000.00. One Trillion Rand is one millions times one million Rand. One Trillion Rand will be enough to build 100-million RDP houses. Two houses for every man, woman, and child in the country. The repayments on a R1.2trn loan will be R100bn per year. This would mean that South Africa will fall even further behind on the promise of supplying basic needs to every South African where it comes to education, healthcare, social welfare, and public transport.
This is the amount of debt that South Africa currently has and when we borrow money for the nuclear deal from Russia and other countries, this is how much we will owe. This will be our reality. This nuclear deal with sink our country unless we stop it. Let's show you how.
Several organisations like SAFCEI (South African Faith Communities Environment Institute), Earthlife Africa, Johannesburg and ALTA want to put a stop to this unlawful deal. Show your support and help us stop this nuclear bomb.
From SA Faith Communities Environmental Institute:
Government relies on outdated information
Yesterday, civil society finalised their replying affidavit in the last steps of a drawn out legal challenge to the government's nuclear deal. "The next step is to set a court date" stated SAFCEI spokesperson, Liziwe McDaid, "and let's see justice prevail for the people of South Africa".
Earthlife Africa Johannesburg, and SAFCEI have prepared a replying affidavit which responds to the government's 400 page answering affidavit, reiterating their key points of argument. "Government appears to rely on outdated information and media statements to back up its claims that there is nothing wrong with the nuclear deal" stated ELA's deponent, Ms Makoma Lekalala.
Earthlife and SAFCEI contend that this case is about the requirements for lawful, procedurally fair, rational, statutory and constitutional decision making, in relation to the particular decision by the South Africa government to procure nuclear power under a specific legislative scheme.
Not transparent, not constitutional
Issues at stake are: The distinction between policy and statutory determinations; the constitutionality and lawfulness of the 2013 s 34 Determination; The unconstitutional signature and tabling of the Russian IGA; and the unconstitutional tabling of the US and South Korean IGAs.
Earthlife Africa and SAFCEI outline in their papers how non transparent the process around the nuclear procurement has been. The section 34 determination to procure nuclear energy was taken in 2013 and kept secret until gazetted in December 2015.
In another instance of non-transparency, the legal team acting for ELA and SAFCEI found reference to a number of documents that had not been provided.
The legal team requested them, and the majority were refused, with government claiming that "certain of the documents were not referred to in the answering affidavit (when they clearly are), yet they, inconsistently, claimed that these self-same documents were privileged given their contents. This of course demonstrates that these documents were clearly referred to in the affidavit, were able to be identified, and are in the respondents' possession, since the respondents had considered these documents and had, based on their contents, sought to claim privilege over them."
More evidence of secrecy
Further evidence of secrecy is the government's legal response relies heavily on media statements to justify their actions, failing to provide minutes of meetings or correspondence that might indicate a rational decision-making process.
Government's slow response to the court challenge (the founding affidavit was launched on 15th October 2015, and the government only provided their answering affidavit, after being served with a section 30A notice, on about 7th June 2016) must be contrasted with the government's steaming ahead with the procurement process.
The Minister has indicated to parliament that she is going ahead issuing a request for proposals for the procurement of nuclear power by the 30thSeptember. "Given the massive state financial resources that will be tied up in this nuclear deal, we would think that the public interest would be best served by delaying the nuclear deal until the courts have ruled," stated ELA's Lekalala.
"This stereotype ostrich like behaviour of ignoring things you don't like, seems to indicate that government is prepared to bypass any legal process, in its desperation to push this deal through, and reach a point of fait accompli", stated Liziwe McDaid, spokesperson for SAFCEI, " "Such behaviour is not rational and cannot be in the country's best interest".
By Alec Hogg. Source: BizNews
SA must take to streets or pay billions in nuclear bribes
rorys2013 says
When a government has been hi-jacked by a mafia the very last thing you can expect is constitutional behaviour by that government.
Leave a Reply to rorys2013	Cancel reply


Driven to the brink of extinction on ice-covered wastelands, humankind fights to survive. From extreme conditions and insurgent Snow Pirates to hostile gargantuan alien Akrid, all that you can trust are your instincts. Combining a gripping single player campaign and intense multiplayer modes with support for up to 16 players online, Lost Planet is an epic gaming masterpiece.
Man, it seems like going multiplate hurt this series down the line.
Good find Outlaw, although it does stink that Colonies Edition's MP lobby is seperate from this one (not positive though gonna test out with friend this weekend).