As more and more cyber-cafes bow to the threat of fines from Microsoft over illegal use of their software, the question arises: who is the winner in the crackdown?

According to available figures from Steadman Research, out of the 1.8 million Kenyans who accessed the Internet in the last four weeks, 68 per cent used a cyber-café.

A large number of those users, who have become accustomed to using Microsoft's software for Word processing are now increasingly at a loss as more cafes stop using Microsoft products.

With the number of cyber-cafes that still operate Microsoft programmes diminishing daily, these consumers are the losers in the new deal.

Rather than buy Microsoft software or pay royalty fees to the company, most cyber-cafes around the country are choosing to instal free, open source software.

This follows the start of an aggressive campaign by the software giant in October last year, which targeted cyber-cafes that are illegally using its software and denying it the right to benefit from many years of research.

Kenyans are among the most notorious software pirates in the world with the latest rating at over 80 per cent. Kenyan users typically copy software from one source and download it to several machines, escaping payment of fees for the property.

The situation is a catch-22 that must have Redmond's local boys scratching their heads in consternation.

Do you just sit by and let people benefit freely from years of research and intellectual property for free or do you rightfully claim what is yours?

But Microsoft's October offensive, as it may now be called, continues to tally more unseen victims on a daily basis.

Cyber-cafes, which were supposed to bow to pressure and formally purchase the products, have proved sneaky targets and are avoiding the software by adopting open source technology.

That move has helped most of them to reduce software costs and maintain their profit margins in a highly competitive field.

But what about the customer?

A big percentage of consumers are the biggest losers, as they can no longer use the software.

Imagine the frustration of a user who has little understanding of software trying to open a Microsoft Word attachment, which is vital to his business.

Unsuspecting users will lose valuable time and business.

Is it their fault? Or is it time Microsoft and the cyber-cafes reached a compromise to save the head of the innocent consumer?

Kinyanjui is a reporter with the Business Daily.