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Peruvian Congressman vs. Microsoft FUD

An Anonymous Coward writes: "Carve a new face on the Mount Rushmore of Linux: Peruvian Congressman David Villanueva Nuñez brilliantly vapourizes the Chicken Little division of the MS Fud Machine. Long read but inspiring. Add another name to the list of people who get that 'All that is required for Evil to triumph is that good men do nothing.'" Update: 05/07 00:03 GMT by T : Antonio Ognio Cesti has an update: "We are some activists working here in Peru to bring the documents to more eyeballs with better bandwidth." They've done just that, writing, "Now we have much better hosting in the U.S. and the original FUD letter completely translated into English."

139 of 384 comments (clear)

  1. Confusing by crumbz · · Score: 3, Funny

    Everytime I read the letter, I think they are talking about Bill G not the Bill. Of course, the Bill is the oppostie of what Bill wants. So in reviewing the Bill, I support the Bill because Bill doesn't like the Bill.

    I think.

    1. Re:Confusing by JCCyC · · Score: 2

      I had the same problem. Every time I saw the word "Bill" my brain instantly added "Gates" to the end.

      Is there a shrink present that can analyze this behavior?


      Yes. You have Oedipus Complex. Your 50 minutes are up. Next!

  2. Go Peru! by blankmange · · Score: 3, Interesting

    Sounds odd, but this is exactly what needs to happen to slap MS down a peg or two. I have read on several occasions recently that most of South and Central America are considering open-source in all government computers -- that's great! No chance in hell of it happening here in the US, but then their governments aren't propped up by corporations, either...

    --
    ...we are from the government - we are here to help...
    1. Re:Go Peru! by Abreu · · Score: 3, Informative

      Same here in Mexico, actually the RedEscolar proyect was killed not for lack of support, but because the right wing, pro corporate PAN party came to power. RedEscolar was then replaced by the EMexico initiative, which of course is backed by Microsoft and Intel

      --
      No sig for the moment.
    2. Re:Go Peru! by frost22 · · Score: 2
      Actually here in Argentina we are kind of property of corporations. The IMF (International Monetary Fund) practically dictates the economy. It would take just a telephone call from USA embassy to government to turn off one such initiative. And no, I'm not exagerating.
      *sigh*

      The IMF is anything but a corporation.

      Actually, the IMF is essentially a giant pile of taxpayer cash from a number of industrialized nations (yep, that's my tax dollars, too) amassed to bail out nations from bankruptcy that don't have anybody else to bail them out. All this based on the - untested - assumption that bailing them out is somehow prefereable from letting them going bankrupt.

      Whatever the IMF is asking Argentina to do it mainly does to get them into a position to pay back their foreign debt, including, but not limited to, IMF money.

      Now, Argentina paying Microsoft Tax, in US$ and to Redmont, is not in anybody's interest but Microsoft's, because any cent going to M$ is neither going to one of Argentina's foreign creditor banks nor to the IMF. So I venture to guess your initiative should not find opposition from this place.

      And, frankly, judging from what we read in the daily papers, instead of calling the US embassy M$ would probably get whatever it wants way easier by just calling one of the numerous utterly corrupt politicians and public servants you guys continue to elect to office on and on again.
      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
  3. Another repost... by danro · · Score: 2, Insightful

    This was posted just a few days ago. Don't you editors ever check at all?
    Sounds like there is some need for a better search engine at /. It would benefit us all.

    --

    "First lesson," Jon said. "Stick them with the pointy end."
    1. Re:Another repost... by adam613 · · Score: 2, Redundant

      Slashdot editors are like windoze boxen. They need to be rebooted once per day, and they lose the contents of their memory each time.

  4. timothy and the ball. by Lonath · · Score: 2, Funny

    Hey look, there's the ball over there ---->.

    And here's timothy over here

    But wait, who's on the ball?

    I dunno, but it sure ain't timothy...cuz this was posted 2 days ago. :P

    1. Re:timothy and the ball. by ryants · · Score: 2
      Perhaps "apologia" is Greek for "Sorry for being a dumbass?"

      (Yes, I know what apologia really means).

      --

      Ryan T. Sammartino
      "Ancora imparo"

    2. Re:timothy and the ball. by jordan_a · · Score: 4, Insightful

      This article is a follow-up of the story posted on Saturday. Geez people you people are like rabid dogs.

  5. Not a better search engine by wiredog · · Score: 2

    Just better searchers. Type 'peruvian' in the little search box thingy and that article comes right up.

  6. Every IT manager should have this on his desk by Dark+Paladin · · Score: 4, Insightful

    Not because OSS is best in *every* situation - but because in the 80% where it is the right decision, this article explains the needs to do it right (ie - have staff that is trained, pay for support), while dismissing the fears sent by proprietary companies.

    The fact is, OSS is here to stay in the business, and only by really competing (ie - coming up with a better product for the price) can businesses hope to keep profitable. Of course, with more companies (Red Hat, Suse, IBM) making a profit from Open Source, the consumer will win every time.

    Ah, competition. How I love thee.

  7. Has anyone mirrored the orig letters? by weis · · Score: 2, Interesting

    I've been trying to hit http://www.gnu.org.pe all day, with no luck. Comments about re-posting an article from Saturday aside (after all, many don't check /. til Monday morning), brief letters from tiny, foreign webservers are the sort of thing that ought to be pasted into the /. article explanation.

    --
    With sufficient thrust, pigs fly just fine. --RFC 1925
  8. Cut timothy some slack by Rupert · · Score: 2

    He was obviously out this weekend, enjoying the pleasant weather wherever it is he lives. He comes in on Monday morning, just like you or I would, to find the submissions bin overflowing with (mostly) crap. Do you think he has time to look over all the stuff Taco et al posted over the weekend before he makes his selections?

    --

    --
    E_NOSIG
    1. Re:Cut timothy some slack by danro · · Score: 2

      ...true, but he could have given the sidebar a quick glance.
      It's right there under older stuff.

      Maybe he is still hungover from a crazy party or something. Some days we all just leave the brain home I guess...

      --

      "First lesson," Jon said. "Stick them with the pointy end."
    2. Re:Cut timothy some slack by Lonath · · Score: 3, Informative

      The difference is that I get +2 Funny karma (as of this posting) for saying "This was posted on Saturday." with some humor instead of -2 Redundant karma for just stating it blandly. Of course now that I have stupidly revealed my master plan, I will lose lots of karma from both of these posts. :)

    3. Re:Cut timothy some slack by rmohr02 · · Score: 2, Insightful

      And now you get +4 Informative, when you should get -2 Karma Whore.

  9. Whoa! Headrush! by jonathanjo · · Score: 4, Funny
    That repeated so quickly my head is spinning! We were just discussing this on /. on Saturday.

    Q: What's the difference between an M-16 and /.?

    A: An M-16 only repeats 100x/min.

    But while we're back (still?)on the topic, has anyone translated the original FUD letter from the M$ Peru guy (might be mirrored, which the honorable Sr. Nunez so elquently rebutted, into English?

    1. Re:Whoa! Headrush! by Sinistar2k · · Score: 2

      The Reg has the translation of the letter to M$, but not of the letter from M$.

    2. Re:Whoa! Headrush! by joib · · Score: 2

      Actually, the M16 has a cyclic rate of about 800/min...

  10. impressions by tps12 · · Score: 2
    Man, I bet this guy peed his pants when he realized he'd get to use the word "bureaux" in print.

    Aside from that, the letter is really interesting. It's very well-written and persuasive, IMO. In fact, I have trouble believing it was written by a Congressperson for that very reason. Also, I wonder how many American legislators can write that clearly in English. Not to mention how direct the langauge is, actually avoiding the kinds of analogies and meaningless soundbites that fill American political speech.

    The more I think of this, the more it says to me "hoax." Anyone have a read on the authenticity of the letter?

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:impressions by PD · · Score: 2

      The Congressman has the title "Dr." in front of his name. People who earn that distinction do so primarily by writing clearly about the things they research and the things they think about. So, I'm not surprised that he can put words together.

    2. Re:impressions by Anonymous Coward · · Score: 2, Funny

      A 'hoax'?
      What would the purpose of that possibly be?
      Just because you can't fathom an intelligent politician doesn't mean the Peruvians didn't elect one, and he didn't just tell MS to fuck off.
      I see no reason this would be a 'hoax'.

    3. Re:impressions by Lemmy+Caution · · Score: 2
      It is also far more acceptable in Spanish speaking countries to use the title of "Doctor" for have any doctorate degree at all. In the US, PhD's are discouraged from using the title unless they are, in fact, MD's. Also, those who have bachelor's degrees frequently are called (and can call themselves) Licenciado, abbreviated as, e.g, "Lic. Lemmy Caution."

      He is probably a Doctor of Law or some such.

    4. Re:impressions by Lemmy+Caution · · Score: 2

      How many of the PhD's or JD's in Congress or industry use the title "Doctor" in correspondence or in dealings with the press? Virtually none. However, in Latin America the practice is common and expected.

  11. Bill 1609 by heneon · · Score: 2, Funny

    As a non-english speaking person I found it difficult to read the article, because every time they talk about "Bill Number 1609", I see this picture of thousands of Bill Gates clones. Oh the horror! I guess I'm waiting too much fot the Attack Of The Clones.

  12. Entire Letter by tapiwa · · Score: 2
    This was posted already,and the gnu.org.pe site already slashdotted. Google also seems to have taken down their cached version of the page.

    Here is a link to the entire letter on slashdot.

    --

    Live today. Tomorrow will cost a lot more!

  13. This one't worth the re-post by drew_kime · · Score: 5, Insightful

    Yes, this was just posted Saturday, but I'll bet a lot of people don't look back at stuff from the weekends. That being said ...

    His letter is a long way of saying, "Please decide which side of your mouth to speak out of." By the third time he pointed out, "This contradicts what you said in the previous paragraph," I had tears streaming down my face.

    This contradiction alone would invalidate your position.

    ...

    This argument repeats that already given in paragraph 5 and partly contradicts paragraph 3. For the sake of brevity we refer to the comments on those paragraphs.

    ...

    In addition, in this paragraph you correctly point out that the service components and losses due to down-time make up the largest part of the total cost of software use, which, as you will note, contradicts your statement regarding the small value of services suggested in paragraph 3.

    ...

    On the other hand, there certainly exist types of volume licensing (although unfortunately proprietary software does not satisfy the basic principles). But as you correctly pointed out in the immediately precding paragraph of your letter, they only manage to reduce the impact of a component which makes up no more than 8% of the total.

    --
    Nope, no sig
    1. Re:This one't worth the re-post by gimpboy · · Score: 2

      i got the feeling stallman had crawled up this man's ass and was wearing him like a suit. i too got tears in my eyes/water came close to coming out of my nose several times.

      i'm definately saving this one for reference later.

      ms has had trouble lately with it's people repeating what they are told and not actually thinking about what they are saying.

      i think i'm going to have to write the guy in peru a letter asking him to talk to my congressman.

      --
      -- john
    2. Re:This one't worth the re-post by markmoss · · Score: 2

      What I loved was how _polite_ this Peruvian is. That is, where I would say "Can't you even keep your damned lies straight?", he says something like "You seem to be unaware...". Yeah, Gates is really unaware that the guarantee in his own EULA is no guarantee at all...

    3. Re:This one't worth the re-post by Lemmy+Caution · · Score: 2
      Peruvians and other people from countries without the largest military in the world are usually polite.

      OK, that dig aside, it's true that Peruvians and Mexicans both have a reputation for courtesy and thoughtfulness. As sharply distinct from, say, Argentines and Americans.

    4. Re:This one't worth the re-post by Codifex+Maximus · · Score: 2

      > Peruvians and other people from countries without
      > the largest military in the world are usually
      > polite.

      Peruvians and many members of other Latin American countries are usually very polite as a rule - it doesn't matter if they are talking politics, war, love, or just mugging you... they are very polite about it... it's part of what they are. Just don't make this little country without the largest military mad... you will rue the day... history has many accounts of the ferocity of their fighters.

      As for the congressman, I think he has done a very good job of explaining to the company representative his position on the issues regarding free software and proprietary software - especially their application in a democratic government. I only wish *I* was as eloquent.

      --
      Codifex Maximus ~ In search of... a shorter sig.
    5. Re:This one't worth the re-post by nihilogos · · Score: 2

      His letter is a long way of saying, "Please decide which side of your mouth to speak out of." By the third time he pointed out, "This contradicts what you said in the previous paragraph," I had tears streaming down my face.
      I thought there was more than that. On several occassions he had good arguments to dispute what MS were saying directly.

      But it was fantastic. My favourite bit was his respone to MS's comments about

      " The bill imposes the use of open source software without considering the dangers that this can bring from the point of view of ... guarantee"

      He replied by politely mentioning that the EULA distributed with ms products basically offers no guarantee :)

      --
      :wq
    6. Re:This one't worth the re-post by Paul+Komarek · · Score: 2

      I've been told by Europeans (east and west) that Americans have a reputation for being exceedingly polite. We chalked it Americans having to wonder if the guy they're talking to is carrying a gun he bought at a weekend gunshow (thus not needing the background check that would have revealed his psychotic history).

      -Paul Komarek

  14. before you sound the horn of victory by overbom · · Score: 2, Insightful

    Yes, the guy's a genius. Yes, it's a blow. But bear in mind, if you read the entire thing, it doesn't talk about putting Linux on every public sector PC.

    The gist that I get is that they're definitely moving to an open-source/free office suite.

    They don't really say anything about changing the OS, although I think it would make plenty of sense if they're willing to put up with the costs of re-educating every govt. employee.

    Hrm. Since Nunez mentions Theo and Darren Reed, I'm guessing that Peru is going to be installing OpenBSD with ipf, not Linux as some of you might have hoped... ;P

    1. Re:before you sound the horn of victory by jgerman · · Score: 2
      As opposed to mentioning ESR and Alan Cox? The whole poitn is to use OSS whether it be OpenBSD or Linux or anything else for that matter.


      This is why BSD doesn't get many nods of the head in print. Because as soon as you do they think they're king of the world, so they just get left out altogether. ;)

      --
      I'm the big fish in the big pond bitch.
    2. Re:before you sound the horn of victory by Anonymous Coward · · Score: 2, Insightful

      The law applies to "software", although the memo does focus on office suites in a couple of places. A good choice, I thought, since that is the bigger cash cow for MS and made the memo all the more painful.

      BSD, Linux, who cares? The point it this guy is one of the few people in any government today, anywhere, actually working in the name of the governed.

    3. Re:before you sound the horn of victory by red+flavor · · Score: 5, Insightful

      I don't understand why there is so much aggrivated rivalry between Linux, BSD, OSX, etc. Friendly competition, and even friendly jibes, are understandable. But the 'ha ha, it's BSD not linux!' or vice versa, is childish and regressive.

      I've been using Linux since 1996, and I love it. But I don't feel any enmity with the BSD folk, or any other free software/OSS system. I use RedHat. Not because it's necessarily better, but it works for me and I like it. But if you like Debian, or Gentoo, or SuSE, more power to you! I don't feel the need to inflict my choice on you.

      Competition is good. Gnome vs KDE is good for both sides. It stimulates thought and advancement. Same goes for Linux vs BSD. I mean, come on! Most of the software even runs on both platforms!

      MS, on the other hand, isn't about competition. It's about crushing everything that isn't MS. They don't give you a choice. In fact, the take away choices that you already have. That's worth fighting against.

      If Peru goes BSD, then great! If they use Linux, fantastic! It doesn't matter, because it means freedom in either case. It also means great interoperability, because Linux & BSD get along just fine in a heterogenous environment. So they could use BSD *and* Linux! That's the whole point.

    4. Re:before you sound the horn of victory by Arandir · · Score: 2

      BSD, Linux, who cares?

      Because it demonstrates that at least a few people out there understand that Open Source != Linux. Is the German Parliament moving to Open Source or just Linux? Has the Finnish government standardized on Free Software or just that written by their native son?

      I could give a rat's ass as the popularity of the software I use, but for most people it's their number one concern. People who use Linux just because it's popular, cool, or the latest media darling, are the people who don't get it. Frankly, I don't think the German or Finnish governments get it.But Peru does, because they aren't waving a flag with a penguin on it.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    5. Re:before you sound the horn of victory by opkool · · Score: 2

      Hrm. Since Nunez mentions ...

      Actualy, it is "Mr. Villanueva" instead of "Mr. Nunez".

      Hes is not anglophone, nor his family or culture are anglophone. So, please, use the proper way of addressing Mr. Villanueva.

      Thank you.

    6. Re:before you sound the horn of victory by BluBrick · · Score: 2

      Thank you for pointing out that Villanueva is his family name, rather than Nuñez. That form of name construction is extremely unusual to anglophones, so we could probably be forgiven for thinking Nuñez is correct.

      However, he did sign his letter Dr. David Villanueva Nuñez. I rather susupect that he worked very hard for his doctorate, so please, use the proper way of addressing Dr. Villanueva.

      Thank you.

      --
      Ahh - My eye!
      The doctor said I'm not supposed to get Slashdot in it!
    7. Re:before you sound the horn of victory by Squeeze+Truck · · Score: 2

      He even says that he would consider paying for MS software if said software bet the criteria of the bill.

      Imagine that, MS filling a legitimate need rather than dictating terms.

      --

      "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

    8. Re:before you sound the horn of victory by BluBrick · · Score: 2

      Minor correction:

      He signed the letter Dr. David Villanueva Nuñez.

      --
      Ahh - My eye!
      The doctor said I'm not supposed to get Slashdot in it!
    9. Re:before you sound the horn of victory by BluBrick · · Score: 2

      Alright, who's the smartarse that stole the "Edgar" from my post? It was there in the preview, and gone as soon as I hit "Submit".

      --
      Ahh - My eye!
      The doctor said I'm not supposed to get Slashdot in it!
    10. Re:before you sound the horn of victory by fferreres · · Score: 2

      It's ok. Some of the problem is what you state, but some of it is related to the fact that competition is not always fair.

      OSX is propietary whereas GNU, BSD are not. So OSX can take advantage on everything BSDsh while the real open ones can only rely on themselves.

      Meaning real free alternatives have to share everything without getting anything back, and at the same time they should spend resources an people time on beign compatible with propietary formats and to fight in court or congress so that they can "legaly" try to be compatible.

      You have cases where law prevents OSS for beign compatible, even after we've found out a convicted monopolist abused it's position for pushing their closed standards?

      --
      unfinished: (adj.)
  15. Quotage... by doorbot.com · · Score: 2, Funny

    This influence of marketing is in large measure reduced by the bill that we are backing, since the choice within the framework proposed is based on the *technical merits* of the product and not on the effort put into commercialization by the producer; in this sense, competitvity is increased, since the smallest software producer can compete on equal terms with the most powerful corporations.

    Microsoft: Why you little...! We have $40 billion dollars cash! That's a third of your GDP for one year! We will crush you!

    RedHat, et al: Wait a minute, you mean we can actually compete fairly with Microsoft?

    Apple: OS X has UNIX underpinnings, and is lickable!

    RedHat, et al: This'll be like shooting fish in a barrel...

    FreeBSD: What about me? I'm always left behind to do the real work. Why can't I be hip and flashy too?

  16. Question about the number of reposts by Papineau · · Score: 3, Insightful

    Since so many /. users notice so quickly that a story is a repost, why don't the editors do the same? Do they actually read what the others ran?

    It might be because of the duplicates the editors see all day in the submission bin. When you read so many stories, it might be difficult to judge if you already saw it in the submission bin (and rejected it) or if it made it through to /. homepage...

    Would a "not a repost" committee, with some regular users as members, help? They could be chosen the same way as moderators (randomly, but still based on past level of activity). This would likely catch a lot of reposts, since usually, in the first ~30 comments, half of them are complaining about the repost. If a member flags a story as repost, the editor could then verify it, and refrain from actually putting it on the frontpage and look as somebody not doing a lot of backgroung checking.

    Food for thought...

    1. Re:Question about the number of reposts by markmoss · · Score: 2

      This is one time when a repost is justified -- for those who have a life on weekends and missed it. The Peruvian Congressman's letter is a truly great job of writing up the advantages of open source for (open) government.

      Of course, the repost should have included a link to the old post. Or would it be better to just reset the clock on the old post so it stayed on the front page?

  17. Re:Great Quote by 2sheds · · Score: 2

    Edmund Burke, a famous British statesman (1729-1797).

    --

    Absit Invidia
  18. Too bad by avandesande · · Score: 2, Interesting

    all our politicians are lawyers....

    --
    love is just extroverted narcissism
  19. Even *more* enlightening? by ReelOddeeo · · Score: 3, Funny

    it would have been even more worthwhile for me if, rather than formulating objections of a general nature [...] you had gathered solid arguments for the advantages that proprietary software could bring [...] since this would have allowed a more enlightening exchange in respect of each of our positions.

    If MS would submit arguments in favor of proprietary software instead of submitting FUD in opposition to free software, then this would allow an even more enlightening exchange! Wow! Just the exchange in this letter was enlightening enough. Probably so enlightening that MS doesn't want to draw any more attention.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
    1. Re:Even *more* enlightening? by curunir · · Score: 2

      No no...you have it wrong...a more enlightened Exchange(TM) would be a solid argument for the advantages that proprietary software could bring.

      The current version of exchange only serves as an argument for free software.

      --
      "Don't blame me, I voted for Kodos!"
  20. He didn't write it in English... by Otto · · Score: 5, Informative

    It was translated. The links to the original versions are at the very top of the article.

    Unfortunately, the links are down, so, google cache time!

    Original Response

    Original Microsoft FUD Letter

    Both are in Spanish, BTW.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  21. On the reposting of this article ... by smoondog · · Score: 4, Funny

    What I find funny is that the people who constantly complain about reposts can't figure
    out that they are doing the same thing.

    That said, I have to say, "You go, Edgar!" Replies to M$ FUD needs more people like you.

    -Sean

  22. Arguments Good for All Govts by 4of12 · · Score: 5, Insightful

    Everyone of the argument planks in the proposed bill is good, and not just for Peru. Every sovereign government based upon the ideas of representative democracy can expect similar gains if they were to follow the same principles. They are logical principles.

    Free, unencumbered and open communication are the hallmarks of any society that hopes to better itself. Restricting communication to those who can afford to pay for a read/write access device, such as MS Word or Corel Wordperfect or whatever, is an inefficiency, pure and simple.

    Enduring archival of public documents is, likewise, important for any society that wishes to learn from history instead of repeating the same mistakes. A written language used to be enough to guarantee such archival. Now, the essential medium is no longer paper, but the authoring and reading of documents is no longer just a matter of learning how to read and write, it's become of matter of having paid all of the taxes.

    National security issues of knowing exactly what it is you are running. This is one issue that largely continues beneath the surface. It's very surprising to me that in the post 9/11 world that more hasn't been made of critical infrastructure running only programs you can see for yourself and compile for yourself.

    --
    "Provided by the management for your protection."
    1. Re:Arguments Good for All Govts by Hammer · · Score: 3, Insightful

      With this letter Mr David Villanueva Nuñez effectively killed the use of proprietary closed software in any country governed by sane politicians.

    2. Re:Arguments Good for All Govts by Alsee · · Score: 3, Funny

      in any country governed by sane politicians.

      Crap. I thought we just has a victory in Peru. You mean we have to write the entire planet off at a total loss?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Arguments Good for All Govts by mpe · · Score: 3, Insightful

      Enduring archival of public documents is, likewise, important for any society that wishes to learn from history instead of repeating the same mistakes.

      Governments often need to hold on to information for a long time. Quite often longer than a human lifetime.

      National security issues of knowing exactly what it is you are running. This is one issue that largely continues beneath the surface. It's very surprising to me that in the post 9/11 world that more hasn't been made of critical infrastructure running only programs you can see for yourself and compile for yourself.

      Sane governments do not put things critial for their own operation in the hands of foreign nationals. Even the nationals of close allies.

    4. Re:Arguments Good for All Govts by Alsee · · Score: 2

      Allow me to clarify...

      any sane, honest politician ... unless the elected government is corrupt or stupid

      &LT humor &GT
      Crap. I thought we just has a victory in Peru.
      You mean we have to write the entire planet off as a total loss?
      &LT /humor &GT

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  23. WTO or FTAA action by akb · · Score: 4, Interesting

    It will be very interesting to see whether MS will get any of the "free" trade orgs into this or (more likely) get the US to lean on Peru. They use words like "discriminatory" which have specific meaning with respect to international trade.

    A World Trade Organization ('member the big protest in Seattle?) action would require action by the US government on MS's behalf. That's pretty unlikely given the likely size of the trade, it would probably be more trouble than its worth.

    Under the in process Free Trade Area of the Americas agreement ('member the protests in Quebec City?) MS could sue Peru directly and receive compensation and overturn the law (if that statement doesn't bother you replace the word "Peru" with "US" or whatever country you live in and see how that makes you feel).

    In any event its very likely that MS's Washington lobbyist corp has talked to the office of the US Trade Rep and Peru will suffer in some way for its impudence to MS.

    1. Re:WTO or FTAA action by flacco · · Score: 2
      It will be very interesting to see whether MS will get any of the "free" trade orgs into this or (more likely) get the US to lean on Peru. They use words like "discriminatory" which have specific meaning with respect to international trade.

      This was my first thought too, but I think they're in the clear as long as they simply set standards for their software and apply them equally.

      So, if Microsoft wanted to provide versions of its products under the GPL, and ensure their products all saved data in non-proprietary standard formats, they would be more than welcome to compete for Peru's business. :-)

      --
      pr0n - keeping monitor glass spotless since 1981.
    2. Re:WTO or FTAA action by akb · · Score: 2

      I wouldn't underestimate corporate power's ability to use these type of international fora as their instruments. They are the ones who drove their creation afterall. I would think the tribunals that hear these cases would be likely to be sympathetic to MS's arguement that the software business generally is a victim of this bill.

      The debate between MS and the Peruvian Congressman seems to be really over a fundamental clash of values, ie the definition of "the public good" in a market fundamentalist manner, ie short term profit is the only measure that needs to be looked at vs defining it in terms of cooperation and transparency. This is the same debate that seems to come up with the neoliberal globalists that advocate institutions like the WTO and FTAA and the anti-corporate globalization movement.

    3. Re:WTO or FTAA action by Locutus · · Score: 2

      Remember that the Peruvian Bill does NOT cover the open market ( private sector ). It's just for government agencies. Does the WTO or FTAA have control over how other governments conduct THEIR business?

      To tell you the truth, I'd LOVE to see this get esculated. As it is now, we'll be lucky if it gets outside of The Register and Slashdot/Linux press. When we see it on CNN, Forbes, WSJ, etc. then we know it's out of Microsoft's control.

      LoB

      --
      "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
    4. Re:WTO or FTAA action by esh · · Score: 3, Informative
      WTO specifically regulates procurement in the public sector, i.e., any purchase by a government which would total more than $130'000. At least that was the sum when I had to go through the procedures in 1999. It might be higher today.


      Private companies are free to buy whatever they want from whoever they want. The WTO rules prohibit governments from imposing unfair restrictions. This is specifically relevant to discrimination between domestic and foreign companies. I am pretty sure that the choice of words in the response letter is meant to address exactly the WTO regulations.

      --
      -- ESH
    5. Re:WTO or FTAA action by Peter+Harris · · Score: 2
      WTO specifically regulates procurement in the public sector, i.e., any purchase by a government which would total more than $130'000.


      Which is where the "free beer" comes in to play... Governments that can figure out a way to use Free Software to lower the official cost of their software purchases below the $130000 threshold can tell the WTO to fuck off.

      Delicious.
      --

      -- What do you need?
      -- Gnus. Lots of Gnus.
  24. Politician Envy by gripdamage · · Score: 4, Insightful

    You know whenever I read Tony Blair's speeches for instance or the writings of other foreign politicians such as this one, I get a little jealous. The holder of the highest political office in this country, in addition to constantly using phrases like "evil-doers" and "smoke 'em out of their holes", says things like:

    "This foreign policy stuff is a little frustrating."
    - G.W. Bush as quoted by the New York Daily News, April 23, 2002

    See http://www.bushcartoon.com/bushisms.html for more examples.

    1. Re:Politician Envy by Taurine · · Score: 4, Insightful

      What you're missing about Blair is that despite claiming to be a socialist, his likes nothing better than hanging out with the rich and famous. When he won his first election, he celebrated by throwing a party for pop stars and film stars. And he wastes no opportunity to hang out with BillG. He has sold out much of the UK government IT systems to M$, including this thing called the Government Gateway, which is now basically the world's biggest reference .Net installation - which has been mandated as something all local government organisations have to connect into by 2005. There was an article on The Register not many days ago about the number of serious M$ licences needed to connect each of the hundreds of local government offices to this thing.

      And the idea is that any citizen or organisation wanting to interact with the government will do it online, though Gateway. And the government has this contract with M$ that says M$ can resell the product to other countries (it was built by M$ consultancy, whose massive rates were paid by the government), and the UK gets a mere 20% of the profit from any future sales. So now the UK government has a commercial motive to promote the M$ platform to as many other countries as possible. It makes me sick!

    2. Re:Politician Envy by Turmio · · Score: 4, Informative
      Someone mod this up, Blair really is Bill's little puppy. Just search Google for blair microsoft and read a couple of articles:
  25. Re:Excellent article by friedmud · · Score: 2

    Completely agree,

    I am about 3/4 of the way through the article so far - and I just have to say that it feels good for someone outside of the Free Software community to "Get It". It seems as if this congressman truly understands the principles upon which Free Software are grounded. This is something that has long eluded many other people in the world, and it is nice to see that these ideals are starting to have an effect.

    This letter, is almost written as a "Declaration of Independence". It is about a country trying to free itself from the shackles of an institution located many miles away. He even mentions several times: "transnational companies" - companies from other areas of the world who could potentially hold power over the State.

    This is a huge win for Free Software - I highly recommend that whether you like Microsoft or not you give this letter a read - it is truly enlightening.

    Derek

  26. delicious by rodentia · · Score: 2

    Peru giving the first world a lesson in democratic principles. Should be required reading for every candidate at every level in US politics.

    --
    illegitimii non ingravare
    1. Re:delicious by mpe · · Score: 2

      Peru giving the first world a lesson in democratic principles. Should be required reading for every candidate at every level in US politics

      I'm not sure how it will directly help the US. Where the two biggest problems are a lack of political parties (are there any elected officials who are not members of either the Democratic or Republican parties?) and massive lobbying by corporate interests.

    2. Re:delicious by Viking+Coder · · Score: 2

      Jesse Ventura is an elected official who is not a member of either the Democratic or Republican parties.

      Granted, he's governor of the only state that carried Mondale...

      --
      Education is the silver bullet.
    3. Re:delicious by rodentia · · Score: 2

      Last time I looked, admittedly some time ago, the entire fscking nation is subject to massive lobbying by corporate interests. Most citizens, contrary to elitist libertarian dogma, can tell the difference between an editorial and an advertisement; so can the average congressman. Massive lobbying is not inherently a problem; unprincipled and unchallenged legislators are the problem.

      --
      illegitimii non ingravare
    4. Re:delicious by MegaGremlin · · Score: 2
      Well, the "winner take all" system of election we use makes it very difficult for new parties to make inroads. Whichever individual candidate gets the most votes wins the seat, end of discussion - there's very little motivation to be in a small party, because you can't muster the resources to capture the majority vote for a given seat, and will likely never hold an office.

      In political systems where each party gets a number of seats equal to its percentage of votes, there are generally quite a few political parties. There is a good reason to be in a small party, because even if you don't get too may votes, you'll still have a good shot at getting into the political body. There is, of course, a catch to this. I'll vastly oversimplify it for the sake of demonstration.

      Imagine that there are 5 political parties, two liberal, two conservative, and "The Sell Everything to A Major Corporation Party (SEMC)". Now, the first four parties, being relatively rational political entities, garner the majority of the votes...about 98%, evenly divided. The last 2% is taken by SEMC. Now, any time a borderline issue comes up where the major parties come up close to even on a vote, guess who decides - that's right, that tiny little 2% party.

      Is this worse than a system where the only two (de facto) parties are at the mercy of corporate spending for campaign contribution? Probably not - but it's not perfect either.

      --

      .sig
    5. Re:delicious by mpe · · Score: 2

      Well, the "winner take all" system of election we use makes it very difficult for new parties to make inroads. Whichever individual candidate gets the most votes wins the seat, end of discussion - there's very little motivation to be in a small party, because you can't muster the resources to capture the majority vote for a given seat, and will likely never hold an office.

      When did the US cease to have elected state and local government?

      In political systems where each party gets a number of seats equal to its percentage of votes, there are generally quite a few political parties.

      This dosn't explain why contries which have similar electoral rules, e.g. the UK, have a different political landscape. Whilst some kind of PR system may help political diversity it certainly isn't all which is involved.

      Imagine that there are 5 political parties, two liberal, two conservative, and "The Sell Everything to A Major Corporation Party (SEMC)". Now, the first four parties, being relatively rational political entities, garner the majority of the votes...about 98%, evenly divided. The last 2% is taken by SEMC. Now, any time a borderline issue comes up where the major parties come up close to even on a vote, guess who decides - that's right, that tiny little 2% party.

      Only if you assume that the SEMC party is "centralist" and every issue can be simply be divided along "liberal" and "conservative".

  27. Spanish mirror (copia en espa�ol) of the letter by Rudd-O · · Score: 2, Informative

    There is a mirror in spanish:

    Hay un espejo en español:

    http://www.usm.edu.ec/~amadorm/index.php?p=217&c=1

    --
    Rudd-O - http://rudd-o.com/
  28. Objectivity = Credibility by no_opinion · · Score: 2, Insightful

    If only people would argue in the logical and objective demonstrated by this letter, rather than flaming on about the evils of MSFT. Amazing what it does to your level of credibility. Platform-zealots take note!

  29. What was Microsoft's conviction in Nanterre about? by emil · · Score: 2
    As an example, the condemnation by the Commercial Court of Nanterre, France, on 27th September 2001 of Microsoft Corp. to a penalty of 3 million francs in damages and interest, for violation of intellectual property (piracy, to use the unfortunate term that your firm commonly uses in its publicity).

    What was this about?

  30. Peru gives the USA democracy lessons? by Rimbo · · Score: 5, Insightful

    I've read a bit of the Federalist Papers (okay, it was just Alexander Hamilton's brilliant first paper... it goes downhill as soon as you get to John Jay's first writing) and of course we've all read the Declaration of Independence and other such great documents. And this reads like one of those documents. This guy could give lessons in what being a Democratic and Free state really means to the US Government. In fact, I think this letter should be required reading for all US Government officials.

    I'd even go as far as to say we should begin a letter-writing campaign to mail copies of this to our congress-critters, to the White House, and to the national news media.

    I'm going to put this on my TODO: list. I am going to draft a letter with these contents, and mail them to the people who represent me.

    As the submitter said, "All that is required for Evil to triumph is that good men do nothing." I may not be a perfectly good man, but I'm going to do SOMETHING!

    1. Re:Peru gives the USA democracy lessons? by Rimbo · · Score: 2

      I'm far more worried about the length of the letter. It's a LONG one... given the average attention span of the average statesman, this doesn't help much.

      And of course I'm going to give the proper attribution to the right person.

    2. Re:Peru gives the USA democracy lessons? by CAIMLAS · · Score: 2

      American politicians know damned well what the law says, what the Declaration and Constitution say, and how things should be run - they've been to law school, the most of them. The fact of the matter is, they don't care. They're there for the power, prestige, and ability to impact their ideals. Representation be damned, most congressmen don't reflect their populace's opinion, simply because their populace doesn't give a damn.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    3. Re:Peru gives the USA democracy lessons? by mpe · · Score: 2

      American politicians know damned well what the law says, what the Declaration and Constitution say, and how things should be run - they've been to law school, the most of them. The fact of the matter is, they don't care.

      Or they could care a lot. But care about where the loopholes are or which parts people are least likely to notice their infringing.

  31. Can I sue the USA for not giving me access? by eyefish · · Score: 4, Interesting

    I'm contemplating the following after reading the AMAZING article: If I'm a U.S. citizen, can I sue the government for not allowing me full access to the source code of the programs that handle all my data?

    Like the letter sent back to Microsoft says: how will I know that the software being used to count votes or calculate my taxes is working as it should if I don't have full access to the system running it???

    I figure that anyone who takes this matter to court, and ultimately to the supreme court has a good chance at winning the case, which could eventually force congress/senate to pass a bill mandating open-source software to be used for all govergment affairs.

    Any lawyers here have any comments on this?

    Side note: I have to admit that this letter sent from this peruvian guy to Microsoft is one of the most amazing and clear documents I have read this year. This should be published by the Free Software Foundation and send copies to all law makers in all countries of the world (for real).

    1. Re:Can I sue the USA for not giving me access? by tdrury · · Score: 2
      If I'm a U.S. citizen, can I sue the government for not allowing me full access to the source code of the programs that handle all my data?
      It depends. The vast majority of software I wrote was for the DoD. Even though we used no classified data in our software, releasing the source code for, say, how a radar jammer hops from technique to technique would be a very bad thing. Obviously, the software that we wrote that did use classified data would not be released either for much more obvious reasons.

      -tim
    2. Re:Can I sue the USA for not giving me access? by markmoss · · Score: 2

      OK, there is good reason for not releasing the source for military applications. But how about the social security administration's data processing codes (not the data, but the programs used to process it)? Or the IRS's code, aside from the algorithms used to spot cheaters? A little sunlight here 10 years ago might well have avoided the mess their data centers are in now...

  32. Hey... Repeat or not... by Spackler · · Score: 2

    Repeat or not, this Congressman is still my hero!

    Nice rebuttle!

  33. Cut the /. editors some slack! by bryanbrunton · · Score: 5, Funny


    Just lay off the editors. They've got other things to do like spending working day after working day in front of their playstations. They are also responsible for planning and resourcing trips to the movie theatre. You think that the deep and insightful movie reviews that we are lucky enough to find here just appear out of thin air?

    We should be thankful that they're busy schedules allow any resources at all to be devoted to posting and researching these stories. Who can honestly say that its humanly possible for any of them to pay attention to what was posted only 24 to 48 hours ago? Any of us would surely make the same mistakes after our 10th hour of redbulled fueled Final Fantasy.

    And don't you dare mention any thing like a review period or even the most simplistic of approval mechanisms for their postings. Because you would then clearly be in league with the RIAA, BillG, (or insert favorite techno-nazi here) and denying them their right to post whatever they want when they want.

  34. Re:code as speech, united states law by agentZ · · Score: 3, Insightful

    You have the name of the law correct. The Freedom of Information Act (FOIA) requires that most kinds of information be available to the general public. There are exceptions for classified information, information that's protected by privacy (e.g. you shouldn't be able to get a copy of my tax return, etc).

    I think the big jump you're making here is how the information is stored versus the information itself.

    The Peruvian (and most free software people) want to say that the way the information is stored should be open and accessible to all. That is, whether the documents are kept in a locked filing cabinet, a computer, or posted to every chat room in the world, the way to access the information should be held hostage by a single vendor. The information must be accessible at all times.

    That doesn't mean that the government should share all of the information all of the time with the people. While storing documents in an open format such as HTML would give them the opportunity to do so, it doesn't mean that they have to.

  35. Already happened by drew_kime · · Score: 3, Informative

    From PBS Frontline:


    The California case in point began with a chemical -- MTBE -- that was added to gasoline to help the state clean up its air. But MTBE was found to cause cancer in laboratory animals. And in 1995, it began to show up in drinking water.

    ...

    Chapter 11 is only one provision in the 555-page North American Free Trade Agreement -- negotiated to promote business among the US, Canada and Mexico. It was supposedly written to protect investors if foreign governments tried to seize their property.

    But corporations have stretched NAFTA's Chapter 11 to undermine environmental decisions -- the decisions of local communities -- even the verdict of an American jury. The cases brought so far total almost four billion dollars.

    Under the terms of NAFTA, an environmental regulation is regarded as a "taking" and the state may have to pay a huge settlement to the manufacturer.

    --
    Nope, no sig
    1. Re:Already happened by akb · · Score: 2

      Cool, I knew about the case but hadn't known it was on PBS. I didn't see it mentioned on the website that the company is seeking $1billion in damages.

      I also didn't see anything mentioning the FTAA, which is often called the NAFTA for the Western Hemisphere in case people don't get the connection between NAFTA and the FTAA.

  36. Politics at its Best by Bilbo · · Score: 2
    I don't know if this letter is authentic or not, but it certianly had me rolling on the floor laughing -- not for any of the congressman's points, but for the manner in which he delivered them.
    "I would like to thank the honorable gentleman for all of the excellent points he has made, and for the great deal of thought he has put into them. I response, I would like to politely bring to light a few small counterexamples, and use them to club the honorable gentleman over the head until all that is left of him is a pool of quivering jello."

    If only the rest of us could craf our responses with such finesse...

    --
    Your Servant, B. Baggins
  37. Re:Excellent article by caduguid · · Score: 5, Informative

    Sunday was a great day for reading intelligent and insightful commentary on Free Software and Copyleft.

    First, I got up to read the letter mentioned here. (Was that really the congressman who penned that?? Wow. In any event, what a very nice read.)

    Next, I go to the bookstore and stumble across:
    Free, as in Speech and Beer, absolutey without peer as the _best_ most insightful book on copyleft and free software and its implications that I have yet read.
    (And I've read a bunch of them.)

    The strangest thing: I'd never even heard of it. It was just sitting there on the new releases.

    Read the letter above, then go and buy the book, too. On both counts you will be pleasantly surprised at the quality of discourse taking place on the topics we all care about. (Something you don't always get from /. comments.)

    The book doesn't appear to be at Amazon yet, but what the hey... Canadian dollars are cheap! (The link above is to the Canadian equivalent of Amazon/B&N)

  38. Brilliant by The+Cat · · Score: 4, Insightful

    With free software one creates more technically qualified employment and a framework of free competence

    This statement alone should form the basis for many kinds of IT decisions, not just purchasing. Absolute brilliance.

    where success is only tied to the ability to offer good technical support and quality of service, one stimulates the market, and one increases the shared fund of knowledge, opening up alternatives to generate services of greater total value and a higher quality level, to the benefit of all involved: producers, service organizations, and consumers.

    Hear, hear. Stating that a smarter, better informed "consumer" is a better served consumer is profound in its simplicity, and it neatly states an irrefutable argument that I think developers and admins have been trying to put into words for decades.

  39. And here's the bit that nailed it for me by GMFTatsujin · · Score: 3, Interesting
    If the transnational software companies decide not to compete under these new rules of the game, it is likely that they will undergo some decrease in takings in terms of payment for licences; however, considering that these firms continue to allege that much of the software used by the State has been illegally copied, one can see that the impact will not be very serious.
    Congratulations, Peru! Piracy problem solved. I applaud you all. Basically he's just said, "OK Redmond, you don't have to worry about auditing us - EVER AGAIN - and you haven't lost one red cent." Brilliant.

    Now if we can just do the same for open-source music, the RIAA will have no reason to bitch either.

    Well, I mean, they'd have a reason to bitch, but only because the potential money source that they call "stolen revenues" -- don't even get me started -- will have gone away forever. Sounds equatible to me.

    GMFTatsujin
  40. Peruvian Reaction by smagruder · · Score: 2

    Gates: I'm the richest man on Earth, made all my money from the software business, and I'm asking you all to acquire or develop software in such a way as to make me, an *American*, even richer.

    Peru: Riiiiiiiiiiight.

    --
    Steve Magruder, Metro Foodist
  41. Re:What was Microsoft's conviction in Nanterre abo by foeclan · · Score: 3, Informative

    (What did we do before google? ;)

    http://www.pcworldmalta.com/specials/MSPiracy

    PARIS (11/28/2001) - The French subsidiary of one of the world's most vocal opponents of software piracy has itself been convicted of pirating a French 3D animation program. This is the first ruling on a matter that dates back to 1995, when Microsoft Corp. bought Softimage, a 3D computer-generated image (CGI) specialist whose software violated the intellectual property of a small French software house.

    The Commercial Court of Nanterre fined Microsoft France 3 million francs (US$422,000) in damage and interest for software piracy. "It's a start," said a lawyer for the plaintiffs, "although Microsoft continues to stall on the provisional execution of the judgment."

  42. Here's the info, folks..... by Mr_Bethesda · · Score: 5, Informative

    Some fact-checking shows the following:

    Congressman Edgar David Villanueva Nunez (www.congreso.gob.pe/congresista/2001/evillanueva. htm) is a real member of the Congress. His email is evillanueva@congreso.gob.pe.

    If you go to the page mentioned above, you will see some pictures/buttons at the top left. Click the one that shows some fingers holding a pen ('Proyectos de ley presentados'/Projects). He apparently introduced 25 pieces of legislation in the First Session in 2001, and 7 during the Second Session.

    During the First Session, he introduced Bill 1609, 'Software Libre' (Free Software). It was sent to two Committees on 7 January 2002: Education, Science, & Technology, and to Consumer Protection and Public Services Regulation.

    He introduced a similar bill in the Second Session, number 2485, 'Use of Free Software by the Public Administration.' As of 12 April 2002, it is in the same Committees as the first bill (1609).

    I would post both Bills here, but a) they are looong, and 2) they are en espanol. So, if you want to read them.....the full text of both Bills are available through Congressman Villanueva Nunez's page.

    Happy babelfishing!

  43. Whatever. by Tony-A · · Score: 2

    It's worth a repost (and a reread) just in case anyone missed it the first time around. It's still news.

  44. Whilst on the topic... by rediguana · · Score: 3, Informative

    In NZ, we have a law firm taking Microsoft to the commerce commission for issues related to Software Assurance. He has writen a very nice brief outlining many of the issues, and it is well worth a read. Click here to read more. There are links to various letters and news articles covering this issue.

    One big point that the Commerce Commission raised, is that if SA is such a big issue, why aren't bigger companies and countries picking it up?!

  45. Re:code as speech, united states law by agentZ · · Score: 2

    I'm pretty sure that the only Executive office exempt from this is the White House. All other offices/departments/agencies/commissions must release information whenever asked.

    Nope. Each agency can withold information based on the following exemptions, which can be found in
    5 USC 552(b).

    To wit the Census Bureau says:

    It is the policy of the agency to make records available to the public to the greatest extent possible, in keeping with the spirit of the FOIA, while at the same time protecting sensitive information that may be withheld pursuant to one of the FOIA's exemptions. In accordance with 5 U.S.C. 552(b), the following is a list of these exemptions which apply to Government information subject to the FOIA:

    (b)(1) EXEMPTION - Protects Classified Matters of National Defense or Foreign Policy

    This exemption protects from disclosure national security information concerning the national defense or foreign policy,provided that it has been properly classified in accordance with the substantive and procedural requirements of an executive order.

    (b)(2) EXEMPTION - Internal Personnel Rules and Practices

    This exemption exempts from mandatory disclosure records "related solely to the internal personnel rules and practices of an agency." Courts have interpreted the exemption to encompass two distinct categories of information:

    (a) internal matters of a relatively trivial nature--sometimes referred to as "low2" information; and

    (b) more substantial internal matters, the disclosure of which would risk circumvention of a legal requirement--sometimes referred to as "high 2" information.

    (b)(3) EXEMPTION - Information Specifically Exempted by Other Statutes

    This exemption incorporates the disclosure prohibitions that are contained in various other federal statutes. As originally enacted in 1966, Exemption 3 was broadly phrased so as to simply cover information "specifically exempted from disclosure by statute." The new Exemption 3 statute prohibits agencies from releasing under the FOIA any proposal "submitted by a contractor in response to the requirements of a solicitation for a competitive proposals," unless that proposal "is set forth or incorporated by reference in a
    contract entered into between the agency and the contractor that submitted the proposal."

    (b)(4) EXEMPTION - Trade Secrets, Commercial or Financial Information

    This exemption protects "trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential." This exemption is intended to protect the interests of both the government and submitters of information.

    (b)(5) EXEMPTION - Privileged Interagency or Intra-agency Memoranda or Letters

    This exemption protects "interagency or intra-agency memorandums or letters which would not be available by law to a party ...in
    litigation with the agency." As such, it has been construed to "exempt those documents and only those documents that are normally privileged in the civil discovery context."

    (b)(6) EXEMPTION - Personal Information Affecting an Individual's Privacy

    This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information " would constitute a clearly unwarranted invasion of personal privacy." This exemption cannot be invoked to withhold from a requester information pertaining to the requester.

    (b)(7) EXEMPTION - Investigatory Records Compiled for Law Enforcement Purposes

    As amended, this exemption protects from disclosure "records or information compiled for law enforcement purposes...."

    EXEMPTION 7(A) Records or information the disclosure of which could reasonably be expected to interfere with enforcement proceedings. This exemption authorizes the withholding of "records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information ... could reasonably be expected to interfere
    with enforcement proceedings."

    EXEMPTION 7(B) Records, the disclosure of which would deprive a person of a right to a fair trial or an impartial adjudication.

    This exemption is aimed at preventing prejudicial pretrial publicity that could impair a court proceeding, protects "records or information compiled for law enforcement purposes [the disclosure of which] would deprive a person of a right to a fair trial or an impartial adjudication."

    EXEMPTION 7(C) Personal Information in Law Enforcement Records. This exemption provides protection for personal information in law enforcement records. This exemption is the law enforcement counterpart to Exemption 6, providing protection for law enforcement information the disclosure of which "could reasonably be expected to constitute an unwarranted invasion of
    personal privacy."

    EXEMPTION 7 (D) Identity of a Confidential Source. This exemption provides protection for "records or information compiled for law enforcement purposes [which] could reasonably be expected to disclose the identity of a confidential source --including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis--and, in the
    case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation,information furnished by a confidential source."

    EXEMPTION 7(E) Circumvention of the Law. This exemption affords protection to all law enforcement information which "would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law."

    EXEMPTION 7(F) To Protect the Physical Safety of a Wide Range of Individuals. This exemption permits the withholding of information necessary to protect the physical safety of a wide range of individuals. Whereas Exemption 7(F) previously protected records that "would... endanger the life or physical safety of law enforcement personnel," the amended exemption provides protection to "any individual" when disclosure of information about him or her "could reasonably be expected to endanger [his/her] life or physical safety."

    (b)(8) EXEMPTION - Regulation of Financial Institutions

    This exemption protects matters that are "contained in or related to examination, operating, or condition reports prepared by,on
    behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions."

    (b)(9) EXEMPTION - Geological and Geophysical Information Concerning Wells

    This exemption covers "geological and geophysical information and data, including maps, concerning wells."

  46. Re:Wow... by Chundra · · Score: 2

    You can find this information in Peru's world factbook entry.

  47. Re:Excellent article by jxs2151 · · Score: 2, Interesting

    Why is my Congresscritter not as well educated as this fine fellow? I'll be sending his letter to my elected leaders.

  48. Republican, not democratic! by browser_war_pow · · Score: 5, Informative

    The American system is not a democracy. It is a constitutional republic. A democracy, if you attach meaning to terms, is a system of unlimited majority rule; the classic example is ancient Athens. And the symbol of it is the fate of Socrates, who was put to death legally, because the majority didn't like what he was saying, although he had initiated no force and had violated no one's rights.

    Democracy, in short, is a form of collectivism, which denies individual rights: the majority can do whatever it wants with no restrictions. In principle, the democratic government is all-powerful. Democracy is a totalitarian manifestation; it is not a form of freedom....

    The American system is a constitutionally limited republic, restricted to the protectrion of individual rights. In such a system, majority rule is applicable only to lesser details, such as the selection of certain personnel. But the majority has no say over the basic principles governing the government. It has no power to ask for or gain the infringement of individual rights.

    --Leonard Peikfoff

    1. Re:Republican, not democratic! by tweek · · Score: 3, Insightful

      Fucking hell THANK YOU!

      If I hear someone else spout off that we (at least in the US) live in a democracy one more time, I'm going postal.

      IS this what government schools teach kids nowadays?

      My all time favorite quote, which ties into your last sentance is by Thomas Jefferson. I swear to god if our current politicians would learn this (as well as some of the basic of the constitution) the US would "get it"

      The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. It neither picks my pocket nor breaks my leg.
      -- Thomas Jefferson


      Then again I'm also one of those guys who think the Federalist Papers should be required reading.

      --
      "Fighting the underpants gnomes since 1998!" "Bruce Schneier knows the state of schroedinger's cat"
    2. Re:Republican, not democratic! by AxelBoldt · · Score: 2
      The American system is a constitutionally limited republic, restricted to the protectrion of individual rights. In such a system, majority rule is applicable only to lesser details, such as the selection of certain personnel. But the majority has no say over the basic principles governing the government. It has no power to ask for or gain the infringement of individual rights.

      Only if you interpret "majority" as ">50%". A supermajority can easily remove the first amendment, or any other inconvenient liberty.

      Oh, and your Socrates example lacks persuasive power: the US has repeatedly executed spies, even though they didn't initiate force nor violated anybody's rights. The majority simply decides that they don't like what spies do: they see it as a threat to their society, just like Sokrates' teachings were seen as a threat.

    3. Re:Republican, not democratic! by Rimbo · · Score: 2

      You're right that "direct democracy" is something entirely different from a "republic," so I stand corrected, as does my dictionary, which seems to suggest that "direct democracy" and "republic" are two different breeds of "democracy." In either case, there is the same idea that the government is accountable to the people in one form or the other, although as you say, with direct democracy, accountability can be drowned out by the tyranny of the majority.

      My apologies for the confusion this caused.

    4. Re:Republican, not democratic! by Pogue+Mahone · · Score: 2
      A republic [dictionary.com] is a political order in which the supreme power lies in a body of citizens who are entitled to vote for officers and representatives responsible to them.

      By this definition, the US would appear not to be a republic, since, apparently, the citizens' elected officers and representatives are not responsible to them.

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    5. Re:Republican, not democratic! by Paul+Komarek · · Score: 2

      As far as I know, Switzerland is a true democracy. If this is true, does anyone know if Switzerland is the only true democracy?

      I believe that the Swiss vote on *everything* that goes through their legislative body. Considering how many laws are passed in the US (think about changes to tax law, then add in everything else!), there is no way the US could deal with such a system. The US gov't would have to change significantly -- hopefully in a way that made legislation understandable.

      -Paul Komarek

    6. Re:Republican, not democratic! by tdye · · Score: 2

      Removing an amendment would be a massive undertaking, requiring a supermajority in both the House and Senate, the signature of the President, and the ratification by a majority of state lagislatures (both houses of each)in order to become law. Why do you think, in 200+ years we have less than 20 amendments to the original Constitution/Bill of Rights? And one of those repeals another one!

      As for Socrates vs. spies, a spy actually puts people in danger, and sometimes gets them killed. Socrates was trying to get people to think in a different way. Nobody is executing Noam Chomsky for his anti-US rants.

    7. Re:Republican, not democratic! by hey! · · Score: 2

      The American system is a constitutionally limited republic, restricted to the protectrion of individual rights.

      Perhaps this is what it should be, but this certainly was not the intent of the framers. The framers clearly had in mind a government which was, of course limited (in particular this must be understood in terms of the whig position regarding the English civil war) but also empowered to secure the public good. An example is copyright, which was clearly not seen by the founders as a natural right but a legal power entrusted to congress to promote the creation of useful works.

      Consider Jefferson. He is cited by the historian and parliamentarian T. B. Macaulay as possibly the person who hated meddling governments the most, Adam Smith not excepted. Yet, as Macaulay points out in his famous speech on Education, Jefferson on retirement devoted himself to the foundation of the University of Virginia, a public institution of education.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  49. This Bill Is About Ensuring Access to Data by Nintendork · · Score: 2, Informative

    The Bill is specific to all software used in the public domain. This means libraries, government offices, etc.

    The bills main purpose is to ensure that there's no possibility of data access being dependant on a private 3rd party. The citizens entrust the goverment with their data and the goverment is making sure that they will always be able to provide it free of charge.

    To not have the source code makes you 100% dependant on the company that produces it. Lets say terrorists blow up all the MS buildings and MS somehow falls off the face of the earth. 2 days later a security hole is found and a worm compromises every system running Outlook (Not hard to believe). Who will create the patch? What would happen is the US government would do like they did during Melissa and other worms. They pull the plug on internet access and data is no longer available to the people.

    The other rebuttals are simply a way of giving MS the finger for trying such lame FUD tactics on a guy that's obviously technically competent and intelligent. I love it.

  50. DR. EDGAR DAVID VILLANUEVA NU�EZ for President ... by Get+Behind+the+Mule · · Score: 2

    ... of the world.

  51. Re:Help. by opkool · · Score: 2

    Probably, your best choice would be Mandrake Linux 8.2. It is now available boxed (with helpful manuals). Check http://www.mandrake-linux.com/en/

    It comes with graphical configuration tools, "windows-like".

    OF course, you can do everything from the command line. But for begginers (or when you are in a hurry), the GUI tools are great.

  52. Contrast...... by Picass0 · · Score: 2

    Contrast this letter with the Oricle/Gray Davis scandal in CA. The Davis administration purchased $40mil worth of software for state employees who don't exist in exchange two weeks later for a $16,0000 donation to Davis' campaign. Hmmmm. No conflict of interest here! Move along!

    And now that a state investigation is looking into the matter, Davis has re-staffed the committee with his political allies! Sweet! Does anybody remember Nixon's "Saturday Night Massacre?" Deja Vu?

    Or there's Senior Juan Gonzalez, who besides making good coffee, actually looks out for the public good. Senior Gonzalez could have likely arranged a fat little campaign contribution from Micro$oft, but instead has told them in 10 pages that they are full of it.

    I wish I could vote for this guy.

    Not only does he understand the free software movement, he represents his people. When is the last time YOU felt like the people you voted for looked out for you?

    My last thought on this is if Europe starts passing lots of stupid DMCA style laws, Peru would be a damn good home for the Free Software movement.

  53. TYPO by Picass0 · · Score: 2


    Pardon the typo. It should read $16,000.

  54. MS and Peruvian govt by inode_buddha · · Score: 2, Interesting

    Interesting how MS is all of a sudden concerned about non-competitive practices, isn't it?

    --
    C|N>K
  55. competition. by Squeeze+Truck · · Score: 2
    "This influence of marketing is in large measure reduced by the bill that we are backing, since the choice within the framework proposed is based on the *technical merits* of the product and not on the effort put into commercialization by the producer; in this sense, competitvity is increased, since the smallest software producer can compete on equal terms with the most powerful corporations."


    I want to have his manbabies.
    --

    "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

  56. Additional things deduced from that letter by willpost · · Score: 2, Informative

    - We need to get doctors in congress like that one.

    - Democracy is a form of do-it-yourself open source by the people.

    - If history has shown anything, the OS wars are following similar lines as other tragic events in history:
    Starting with Microsoft rejecting the feasability of open source:
    1) Totalitarian govermnents that reject the existence of neighboring nations, usually in an attempt to acquire them.
    2) Regimes that descriminate between their people, implying that some are citizens while others have no rights.
    3) Large religions that have no tolerance over beliefs that appear to challenge their ways. These beliefs could be alternate religions, political opionions, or even scientific discoveries. The imposing religions make statements that the "non-believers" are damned. They associate elements of the others with their own fictional evil elements to the point that "acknowledging a hell implies acceptance of the oppressor's religion". They actively proselytize (convert), persecute, excommunicate, interrogate, censor, to further their own unknown agendas. This also includes denying the existence of the other beliefs.

    Bad things happen when you trust the wrong people.

  57. Re:$40 million? by Picass0 · · Score: 2

    I thought the numbers where $75 million US (for the software) and $25,000US on the "campaign donation."

    Based on what is known at this time (and this is sure to change) only $35m worth of software was really needed, but $75m was purchased. Hence the $40m in overcharges.

    As far as the $25,000 campain, I've heard $14,000, but hey, the day is young.

    Bye, Bye Gray. Don't let the door hit you in the ass.

  58. Re:Wow... by Squeeze+Truck · · Score: 2

    Didn't see healthcare, but annual income is about $4500/year. It's not stellar, but it's more than I'm making currently.

    Peru, here I come!!!

    --

    "Reactionaries must be deprived of the right to voice their opinions; only the people have that right." - Mao

  59. sheesh by Planesdragon · · Score: 3

    It's not theft. It's use.

    OSX is exactly the same thing as any non-coder who uses any OSS. It's NOT theft. It's NOT unethical. And, in fact, it's EXACTLY WHAT THE BSD FOLKS SEEM TO WANT!

    OSS is (alledgely) about getting the best sofware, and being able to get support long after the creator dies. Not getting your agenda across. Not beating down the big guy. But getting THE BEST SOFTWARE POSSIBLE.

    If Apple dies tomorrow (MS buys them and shuts them down 100%), everyone who has an Apple with OSX can continue to get support and updates from the OSS community--which is composed of people who, for the three goals of getting-something-that-works, ego-stroking, and philanthropy, donate their time to something that does not get them any direct fiscal payback.

  60. Beautiful, and why isn't *our* government doing it by astroboy · · Score: 3, Insightful
    The letter makes points that I hadn't considered before, especially about the importance of government records being in open formats. This is so convincing that I'm going to draft a letter to my representatives immediately, encouraging such a bill.

    But my main point is that the letter is just beautiful, even in translation; I really wish I read Spanish well enough to be able to read the original, because it must be wonderful. My favorite, by far:

    To continue; you note that:" 2. The bill, by making the use of open source software compulsory, would establish discriminatory and non competitive practices in the contracting and purchasing by public bodies..."

    This statement is just a reiteration of the previous one, and so the response can be found above. However, let us concern ourselves for a moment with your comment regarding "non-competitive practices..."

    Heehee.

  61. Re:I doubt it. by akb · · Score: 3, Informative

    I am not certain that neo-liberal international fora will agree with the Congressman's position. MS will say "we cannot sell to the public sector in Peru w/o having our IP expropriated" and I wouldn't be shocked if a WTO or FTAA tribunal was sympathetic.

    I would be extremely surprised if MS isn't talking to USTR to apply pressure. MS is definitely not shy talking to USTR (think about US pressure on China to stop piracy) or about trying to get other countries laws changed (a la Sri Lanka).

  62. this guy is RIGHT ON !! by johnrpenner · · Score: 2


    that is the most succinct piece of clear thought
    on open source and government i've ever read.

    way to go!



  63. Re:Help. by alext · · Score: 2

    SuSE is good at sorting your drivers out for you, and 8.0 has just come out with bleeding-edge goodies like KDE 3. I've got a bundle of odd bits of hardware and it makes a good stab at supporting everything known to Linux-land. It used to be better than RH from this point of view, but I don't know if that's still true with RH 7.3.

    It also sorts out your partitions very conveniently, so overall there's a good chance you will be up and running quickly.

  64. Re:The FUD translated into (better) English by DoctorFrog · · Score: 2, Informative

    The translation of the Dr. Villanueva-Nuñez is so elegant, and the machine translations of the original MicroSoft letter so fish-fuddled, I decided to make a clean copy of the original letter (mostly by cutting and pasting from the good Congressman's reply).

    My hope is that this way the apparent brain-deadedness of the babelfished text can be flensed away, revealing the true brain-deadedness of the arguments themselves in all their glory. ;)

    San Isidro, March 21st 2002

    Mr:
    Edgar Villanueva Nuñez
    Congressman of the Republic of Peru

    Present.-

    Dear sir:

    First of all, we want to thank you for the chance you gave us to inform you about our work in this country for benefit of the public sector, always looking for the best ways to implement programs that will let us consolidate the initiatives of modernization and transparency in the State.

    In fact, thanks to our meeting today you are aware of our global achievements at the international level in the design of new services for the citizen, within the framework of a model State that respects and protects intellectual property.

    The actions we talked about are part of a global initiative, and today there exist several experiences which have let us collaborate with programs supporting the State and community in the adoption of technology as a strategic element impacting the quality of life of the citizens.

    Furthermore, as arranged in this meeting, we assisted the forum organized in the Congress on March 6th regarding the law project that you are leading, wherein we got the chance to listen to several presentations which lead us now to explain our position so you have a wider grasp of the real situation.

    The bill makes it compulsory for all public bodies to use only free software, that is to say open source software, which breaches the principles of equality before the law, that of non-discrimination and the right of free private enterprise, freedom of industry and of contract, protected by the constitution.

    The bill, by making the use of open source software compulsory, would establish discriminatory and non competitive practices in the contracting and purchasing by public bodies, violating the base principles of the "Law of State Contracting and Aquisitions" (Number 26850)

    So, by compelling the State to favour a business model based entirely on open source, the bill would only discourage the local and international manufacturing companies, which are the ones which really undertake important expenditures, create a significant number of direct and indirect jobs, as well as contributing to the GNP, as opposed to a model of open source software which tends to have an ever weaker economic impact, since it mainly creates jobs in the service sector.

    The bill imposes the use of open source software without considering the dangers that this can bring from the point of view of security, guarantee, and possible violation of the intellectual property rights of third parties.

    The bill uses the concept of open source software incorrectly, since it does not necessarily imply that the software is free or of zero cost, and so arrives at mistaken conclusions regarding State savings, with no cost-benefit analysis to validate its position.

    It is wrong to think that Open Source Software is free of charge. Research by the Gartner Group (an important investigator of the technological market recognized at world level) has shown that the cost of purchase of software (operating system and applications) is only 8% of the total cost which firms and institutions take on for a rational and truely beneficial use of the technology. The other 92% consists of: installation costs, enabling, support, maintenance, administration, and down-time.

    One of the arguments behind the bill is the supposed freedom from costs of open-source software, compared with the costs of commercial software, without taking into account the fact that there exist types of volume licensing which can be highly advantageous for the State, as has happened in other countries.

    In addition, the alternative adopted by the bill (i) is clearly more expensive, due to the high costs of software migration, and (ii) puts at risk compatibility and interoperability of the IT platforms within the State, and between the State and the private sector, given the hundreds of versions of open source software on the market.

    The majority of open source code does not offer adequate levels of service nor the guarantee from recognized manufacturers of high productivity on the part of the users, which has led various public organizations to retract their decision to go with an open source software solution and to use commercial software in its place.

    The bill demotivates the creativity of the peruvian software industry, which invoices 40 million US$/year, exports 4 million US$ (10th in ranking among non-traditional exports, more than handicrafts) and is a source of highly qualified employment. With a law that incentivates the use of open source, software programmers lose their intellectual property rights and their main source of payment.

    Open source software, since it can be distributed without charge, does not allow the generation of income for its developers through exports. In this way, the multiplier effect of the sale of software to other countries is weakened, and so in turn is the growth of the industry, while Government rules ought on the contrary to stimulate local industry.

    In the Forum, the use of open source software in education was discussed, without mentioning the complete collapse of this initiative in a country like Mexico, where precisely the State employees who founded the project now state that open source software did not make it possible to offer a learning experience to pupils in the schools, did not take into account the capability at a national level to give adequate support to the platform, and that the software did not and does not allow for the levels of platform integration that now exist in schools.

    If open source software satisfies all the requirements of State bodies, why do you need a law to adopt it? Shouldn't it be the market which decides freely which products give most benefits or value?

    I really want to thank you for your attention to this letter, and we want to reiterate our interest in meeting you to explain to you in more detail our point of view about the bill you have presented, and to be at your complete disposal to share experiences and information which we are sure can help better analyse and implement an initiative looking to modernization and transparency of the State for the benefit of the citizen.

    Sincerely,

    Juan Alberto González

    General Manager
    Microsoft Perú

  65. UK gov IT policy by alext · · Score: 2

    You're right about technical awareness, but way out of line on corruption. A true cynic would say they're so clueless they don't even have the wit to enrich themselves, anyway most of our politicians are of relatively modest means and likely to stay that way. This gives some grounds for hope.

    The real problem is that they haven't grasped the fundamentals of information ownership and management, relying instead on MS and its acolytes to tell them what policy should be because "government should learn from business". After all, they are successful and organizations like the CCTA (if they still exist) which are capable of giving an unbiased view have been marginalized.

  66. A site about this kind of laws by TrixX · · Score: 2

    You might find interesting this:

    http://www.grulic.org.ar/proposicion

    It's a site mostly about the similar law in Argentina. But in the references section you can find lots of law proposals like this one all over the world (one of them, in a Brazilian state, has been approved as a law).

    Most of the site is dual language spanish/english (some parts not translated), so you should see it in English with a proper browser setup.

  67. A non babelfished translation by TrixX · · Score: 2

    The Peruvian Bill is almost identical (was taken from, without modifications) to the Argentinian law proposal. I did a translation of that, and posted it here in slashdot back in 2001. You can read a translation at:

    http://www.grulic.org.ar/proposicion/proyecto/leye s/904-D-02/

    http://www.grulic.org.ar/proposicion/proyecto/leye s/904-D-02/texto_orig

    (Set your browser language to english or spanish to view it in your favorite language).

  68. A short and incomplet history of this law by TrixX · · Score: 4, Informative

    I'm part of a similar initiative in Argentina (I'm not Peruvian) which is closely related, so I can tell you the story from here.

    The Argentinian Free Software Law proposal has been around for more than a year now. You can read about it at http://www.grulic.org.ar/proposicion. It was written by a congressman and improved by a bunch of geeks on a mailing list who offered him (idelogical) support.

    At some time in the middle, the Peruvian LUG found about it, liked it, and tried to find a Congressman there to do something similar (in fact, both law proposals are identical). They found Congressman Villanueva Nuñez.

    Our group has contact with the Peruvians, and some people from here have travelled there to offer ideas, and even helped with the writing of this letter (yes, it takes some mistycism about it away but is true: geeks participated in the writing of the letter).

    Hope that feeds your curiosity. You have lots of info at the site i noted above, and at the Peruvian LUG (slashdotted right now).

  69. About authenticity by TrixX · · Score: 2

    A webpage on the peruvian government, with info about the congressmen.

    http://www.congreso.gob.pe/congresista/2001/evil la nueva.htm

    One of the links aboove lists the laws proposed by him, (the third small square picture). Then go to the first link and you find:

    SOFTWARE:USO LIBRE EN ADMINISTRACIÓN PÚBLICA

    (SOFTWARE: FREE USE ON PUBLIC ADMINISTRATION).

    Full text here:
    http://www.congreso.gob.pe/congresista/2001 /evilla nueva.htm

    Besides, I know personally a lot of the people involved. It's quite real, not a hoax

    1. Re:About authenticity by TrixX · · Score: 2

      sorry, the second URL should be:

      http://200.37.159.7/paracas/TextoProyectos2001.n sf / odosdocumentos/26F8AE4A18D3713105256B9700039EBA?op endocument

  70. No. by Paul+the+Bold · · Score: 3, Interesting

    You may not sue the Federal government. It's in the consitution.

    1. Re:No. by Paul+the+Bold · · Score: 2
      It's called sovereign immunity. There are a few cases in which the Federal government did give up its right to sovereign immunity.

      Consider a few questions. Why must we wait for a lawsuit against a private individual to be brought before the Supreme Court before its constitutionality is questioned? Shouldn't we be able to sue for the abolition of an unjust law? Why hasn't the EFF sued for the repeal of the the DMCA? The answer is sovereign immunity.

      Think of the chaos that would ensue if people could sue the government. Our society is a little lawyer crazy. Lawsuits suck resources (which is why so many corporations prefer out of court settlements or binding arbitration). I am sure you know at least one crackpot with the money to hire a lawyer who thinks he has reason to sue the government. How many people wanted to sue Bill Clinton?

      Sovereign immunity is necessary for the government to govern. It is necessary in order for Congress to make laws that not everybody loves. It allows the courts to hand down judgements that make half of the participants in each case unhappy.

      What is your recourse? To name just a few, you have the right to free speech, the right to vote, and the right to run for public office. If you don't like sovereign immunity, you can always start a grassroots movement to amend the constitution. Of course, if your amendment ever becomes law, somebody else can sue to have it removed. What a mess.

  71. Re:comments.. by unitron · · Score: 2
    "the comments on the past several stories have been far too narrow, and consequently exceeding difficult to read. Would some kind soul please expand these pages to a more acceptable width?"


    They aren't too narrow, your monitor is too wide. If you just use a narrower monitor you'll be able to enjoy those horizontal scroll bars to your heart's content. Perhaps you can adapt an old oscilloscope, as I'm sure that a person of your tastes in raster aspect ratios is of course an absolute wizard in all technology-related matters.

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  72. More on sovereign immunity by Paul+the+Bold · · Score: 2

    To further distance ourselves from any discussion of public policy in Peru, here is one more piece of information regarding sovereign immunity. The concept is not explicitly written into the constitution, it is an interpretation of the statement that the constitution is the supreme law of the land. I hope this clarifies the issue for you. I was a little disturbed when I first heard of this, too.

  73. Please Read The Microsoft "Case Study" by Taco+Cowboy · · Score: 2



    If you ever wonder if using Microsoft's product will actually "save you money", vs using Linux, wonder no more.

    Please read the NEW "case study" published by Microsoft.

    It's at

    www.microsoft.com/business/casestudies/b2c/micro so ft_hardrock.asp

    Among interesting "facts" in the "case study", here is a little snapshot ...

    "We wanted to offer additional Web-based applications for accessing detailed financial
    data and communicating with our stores, but the lack of security and functionality in the
    Linux platform meant we would have to develop everything from scratch."

    "In March 2000, Hard Rock Cafe standardized on the Microsoft platform to lower its total cost of
    ownership."

    "Since we migrated to Windows 2000, we've been able to rapidly deliver the tools and applications
    needed to reduce costs and streamline the way we do business."

    "We've only had two developers working on our intranet--the same number we had working on the
    Linux platform--and the Microsoft platform has enabled them to deliver upward of 50 applications
    over the last year. We're definitely getting more results for our development dollars now."

    "In the past, new menus required sending a large amount of materials to all our stores--
    recipes, food display guidelines, and so on. Now that we can do this via our intranet, we're
    saving upward of $20,000 per year for just this one task."

    Since you have reached here, let me tell you that the "case study" by Microsoft is not something coming out of thin air. In fact, Microsoft has named names - in this case, Hard Rock Cafe (HRC).

    The funny thing about the "case study" is the claim that using Windows 2000 HRC actually "saved" money !

    And then the HRC's IT described Linux as suffering from "the lack of security and functionality" is indeed intriguing.

    Digging some more on the thing and we find that the HRC IT department, under their Linux deployment, opted to have their ENTIRE network to run under ONE PASSWORD.

    Yes, I kid you not. Read the article !

    This only shows the "capabilities" and the "wisdom" of those working in HRC's IT department.

    I too, am in the IT field, and I for one, am horrible at what those two HRC guys are doing. If I were their boss, they would have shown the door long, long time ago.

    --
    Muchas Gracias, Señor Edward Snowden !
  74. think about "banana republic" by akb · · Score: 2

    Are you familiar with the history of the oil, banana, and garment industries in Latin America? It is thick with big American corporations forcing poor countries to accept their terms, backed up by the US State Dept and sometimes the DoD. United Fruit (Chiquita) is the prototypical example of this, at one point it completely controlled Guatemala backed by US Marines. Even mainstream texts acknowledge this. Lets see there's also Argentina, Nicuragua, Cuba, El Salvador, Panama ...

    The oil companies tend to be the most vicious historically, and I would be surprised if Microsoft was as bad as them anytime soon, look at how Colombia is now.

    But those cerebral, "IP intense" industries surprise you with how vicious they can be. Look at the pharmaceutical industy, they got the US to file a WTO case against Brazil. This is after they refused to sell AIDS drugs in Brazil, so Brazil made their own and gave them away free to everyone who needed them resulting in them cutting their mortality rate due to AIDS in half. This is what the US pharma industry wanted to stop and they were successful in getting the US government to go to bat for them. But, your point is also bourne out, part of the reason the US backed off is that the issue did get into the press.

  75. But, can we sue the States then??? by eyefish · · Score: 2

    But can we sue the individual States at least?