OUP vs Longhorn: A tale of two kamusis, a runaway author and 320,000 bob

Oxford University Press and Longhorn Publishers are in court. OUP wants Longhorn stopped from further sellings its Kamusi Kamili ya Kiswahili claiming it mischievously 'copied' some of the content of OUP's Kamusi ya Kiswahili Sanifu and Kamusi ya Shule za Msingi.

OUP also accuses one of the co-authors of Longhorn's book, John Gongwe Kiango of breach of contract. OUP claims it contracted Mr Kiango to co-author its book Kamusi ya Shule za Msingi and that going by that contract he was not to engage in any work that 'may reasonably be regarded as conflicting or likely to conflict with the sale of the Plaintiff's work.'

Away from all the legal jargon, OUP cites the definitions of following words as having been lifted, word for word, off its Kamusi ya Kiswahili Sanifu: Amba-, anzali, farijika, kifungu, kipozamataza, shehena, simu, tamathali, tarijama, udekani, ufyefye, and ukaango.

From Kamusi ya Shule za Msingi, OUP cites the following as some of those which were lifted: zahanati, zoea, zoezi, zuia, zumari, zungumza and zuzu.

It also lists a number of ilustrations and photographs it claims were 'copied and imitated.'

So, OUP wants Longhorn restrained from selling or distributing Kamusi Kamili ya Kiswahili. In addition, it wants:

-All copies of Kamusi Kamili ya Kiswahili taken to OUP for destruction

-Damages against Mr Kiango for breach of contract

-Ksh360,270.40 as damages incurred in investigations, expert opinion, workshops and travelling expenses among others.

The hearing was set for October 9.

This is an interesting case: copyright infringement/theft and breach of contract (some would say sour grapes). More, it's a leading publisher, suing another leading publisher (not like the earlier incident in the year when Macmillan won a case against an obscure firm it had sued for reproducing its maps).

OUP and Longhorn are industry giants, any way you look at them. OUP is the more urbane one, the home of respected English texts while Longhorn tends to cut the image of the publisher next door - its stature in Kiswahili publishing ni ya kupigiwa mfano. In other words, if you think English, think OUP; if you want Kiswahili, run to Longhorn. And you won't be disappointed - they know their work.
At the height of the Free Primary Education frenzy, they both raked in hundreds of millions in turnover and had a liking for freelance editors.
They both have a good presence in Tanzania where they frequently send their editors to work.
In the past four years, they both have had mixed fortunes.
OUP got a new regional director for East Africa, one Muriuki Njeru who is known in publishing circles as a no-nonsense manager and performer. You don't mess with this Moi University-trained editor unless you are ready to face his wrath (while at EAEP he sued the former MD, Barack Muluka - now running Mvule - over copyright issues: http://allafrica.com/stories/200711260298.html).
OUP was also in the news when it issued an alert over bootleg copies of its dictionary.
Over to Longhorn, it has been four eventful years. In no particular oder:
a) In a first of its kind move in the region, Longhorn acquired Sasa Sema in 2007 and re-launched it as a Longhorn imprint to specialize in general publications, Early Childhood Development materials, creative works and other trade books. Some say SS was acquired for a rumoured Ksh 100 million.
b) It lost its experienced publishing manager Simon Sossion, who left to found hid own outfit, Target Publications. This didn't go down well with the management.
c) It lost its most famous, most conceited author, Wallah Bin Wallah, he of the Kiswahili Mufti craze. It is said Wallah and Sossion are running the same outfit.
d) It lost Sinjiri Mukuba - then the finest, if not the best - Kiswahili editor in the country, to KTN. Sadly Sinjiri later died in a road accident

Longhorn and OUP are in the business of copyright protection and ownership, so for Longhorn to be taken to court over claims of copyright theft/infringement, it is embarassing. It doesn't matter who is right for what is at stake is its credibility, its claim to originality and its faithfulness to its 'Expanding Mings' tagline. They have essentially been accused of lying, or in classroomspeak, they have 'dubbed.'

As for OUP, it has shown:
a) It doesn't sleep especially when it comes to its products. It looks at its competitors' works with more than a passing interest; perhaps in carrying out a SWOT analysis of the product it realised, 'Well, this looks like our work; yeah, it is our work that they have stolen and are now parading as their own - thieving fellas..' Boy, they know their products.
b) The view we have of publishing firms as these meek outfits ever begging the government to release Free Primary Education funds or who only act over small time book pirates is just an illusion. So it is not all brother-sister-love-you-love-me-back feel in the industry? So these guys can actually sue each other?
c) You don't mess around with them. You do a book with them, you are locked in (Er, look at that contract thrice. Read it. Give a lawyer for his opinion. Then read it... if you don't like it, take a walk).

Where does the Kenya Publishers Association come in?
Here, look at its relevant objecives:
-To promote and protect by all lawful means the interests of the publishing industry in Kenya.
-To protect Members by dealing collectively with problems which can best be so dealt with.
-To serve as a medium for exchange of ideas with respect to publication, sales copyright and other matters of interest to book publishers located in Kenya and to form committees to report on such matters.
-To extend the activities and usefulness of the Association as may seem desirable.
-To discuss and agree on an acceptable code of ethics, to ensure good business and other relationships among members of Association and between the Association and the public

Does KPA have an Arbitration Committee or Ethics Committee to handle such? What of a Legal Committee? Something to think over.

Oh, where is Kopiken?