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Oregon's Open Source Bill Stalled by Microsoft

Wanker writes "Previously on Slashdot we read about an Oregon bill that would require government agencies to consider Open Source software in addition to whichever software they would normally consider. Unfortunately, House Bill 2892 is getting stalled by "stiff opposition" from such unsurprising places as Microsoft. All you Oregon Slashdotters, it's time to call or write your representatives."

31 of 240 comments (clear)

  1. Good by donutello · · Score: 4, Insightful

    The consideration for open source should already be included in the basic law that all state departments should spend taxpayer resources in a way that would benefit the taxpayer most.

    The individual departments should already be considering the most appropriate software that meets requirements, buying the best software at the best price for the job. This should be covered by existing laws.

    We don't need additional laws promoting one kind v/s the other.

    --
    Mmmm.. Donuts
    1. Re:Good by Jason1729 · · Score: 4, Insightful

      But most of the people making the buying decisions in the private sector are idiots who don't know what they're buying. They buy MS because they're following the pack, not because they think it's good.

      Jason
      ProfQuotes

    2. Re:Good by einhverfr · · Score: 4, Insightful

      If the law only mandates that open source must be considered, I don't see how this is a bad thing. It means that proprietary software may be considered too.

      But, IMHO, I think that the law is -1 redundant. The press coverage which has lead to the consideration fo the law has already meant that departments are going to think twice about Microsoft software and seriously consider open source. I think that in this case, the law would not change anything, and would probably increase the paperwork of such considerations. So, I agree, this law is irrelevant, and should not be passed, and Microsoft is probably doing themselves more damage by opposing it...

      --

      LedgerSMB: Open source Accounting/ERP
    3. Re:Good by davidstrauss · · Score: 4, Insightful
      The consideration for open source should already be included in the basic law that all state departments should spend taxpayer resources in a way that would benefit the taxpayer most.

      Many existing laws require certain "certifications" that only exist for commercial packages or are so expensive that only for-profit corporations can foot the bill. If the government has baseline standards that eliminate open source as a choice, change is necessary.

    4. Re:Good by BWJones · · Score: 4, Insightful

      The consideration for open source should already be included in the basic law that all state departments should spend taxpayer resources in a way that would benefit the taxpayer most.

      I don't want to see any law enacted that dictates any tools with which to perform a job. The best tool for the job should be decided upon by the individual(s) performing the work or defining the work. For instance, several years ago, the IT department attempted to tell me that I could not use a Macintosh to perform my work and that furthermore, I had to purchase a Windows machine. I informed them that there was no way that some IT knucklehead (no offence to Slashdot IT folks) was going to dicate to me the tools with which to perform my job and that I in fact was going to purchase a Macintosh from my grant.

      I would however be in favor of laws (and I suspect they already exist) that indicate government contracts have to be bid out and decided upon by 1) The best solution and 2) the lowest bid.

      --
      Visit Jonesblog and say hello.
    5. Re:Good by Phroggy · · Score: 2, Insightful

      The consideration for open source should already be included...

      Should be. Wish it worked that way. ;-)

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    6. Re:Good by Anonymous+Brave+Guy · · Score: 2, Insightful
      The law is not -1 redundant, unfortunately. There are several state agencies that can only aquire software from selected, approved vendors. If the vendor doesn't carry open source, you have to go proprietary.

      Ironically enough, I think Microsoft's own spokeswoman called this one right. From the end of the article:

      "We believe that procurement decisions should be based on the overall merits and value of the software under consideration," said Alex Mercer, a Microsoft spokeswoman.

      Laws shouldn't take sides in trade competitions, either way. They should mandate that the governing bodies exercise due care in examining all relevant options and then choose the one that is most in the interests of those they represent, and leave it at that.

      IMHO, they shouldn't say "you must/should/might consider open source" any more than they'd say anything about Microsoft, Dell, GPL or BSD licences, or any other specific named player in the field.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:Good by jdray · · Score: 2, Insightful
      "Actually, I'd buy that argument as you typically get what you pay for. "

      Not true in the world of small vendor-based software. If a vendor (consulting group with a software product) has a software package that is in use by three or four government or big industry (or, in the case of my experience, utility) entities, they have to charge outrageous licensing and maintenance fees to keep their staff of programmers employed. Annual maintenance fees on the order of US$500,000 are not too far out of the ordinary. And, when the requirements of a small community are trying to be met, all the whims of the few get incorporated into the software, making for dubious overall quality. Furthermore, licensing terms usually keep the customers from talking to one another, so a community doesn't develop.

      It's all ugly out there. It will be a great day when all vendor-based software is at least as well developed, integrated and low priced as that from Microsoft. By that time, though, OSS should be the obvious choice for everyone and snow will fall on the devil's lawn.

      --
      The Spoon
      Updated 6/28/2011
  2. Huge lobby by absurdhero · · Score: 5, Insightful

    Considering that Microsoft has one of the biggest lobbying groups,if not the biggest (I don't remember), it really is no surprise. It will take persistance and a unified front to keep MS from blocking it. Unfortunately, politics isn't about what makes sense or what is best for the people. But if enough citizens complain to their representative, they have a better chance of listening.

    Good luck Oregon.

    1. Re:Huge lobby by ziekke · · Score: 5, Insightful

      Its kind of sad that Microsoft bothers with lobbying these types of things, even with a law that states consideration is mandatory, that doesn't mean they wont still go the way of the higher cost. You need to keep in mind, you are given budgets for things, if you do not spend the money in the budget it looks like you don't need all that money. As much as that makes sense and is true, departments that don't spend the full budget lose that extra money. So they find ways to spend the leftover cash. I think its silly that they bothered to instate such a pointless law, all they have to do is say "Yea, we considered it BUT we're still going Microsoft". That will just feed MS adverts "We were chosen even when they were forced to consider open source!" No matter what they spend the money on, the money is still going to them. Gov't knows how to spend their budgets ;)

      --
      // Ziekke
    2. Re:Huge lobby by nija · · Score: 3, Insightful

      you are forgetting one other thing that will be needed to shove Microsoft aside, and that is money. The grassroots campaign may have numbers, but Microsoft has what politicians care about.. money.

  3. Required by law? by m0i · · Score: 4, Insightful

    "Oregon bill that would require government agencies to consider Open Source software"
    Ain't that a bit worrying? You've got to make laws to prevent government to waste your tax dollars by giving them to rich software companies, without even thinking that there are free alternatives. Duh!

    --
    have you been defaced today?
    1. Re:Required by law? by Meshach · · Score: 2, Insightful

      If we really believe in open source we should trust it to be able to stand on it's own two feet. My local school district uses open source extensivly and we have no law requiring it. They just use it because it is a better, not because there is a law

      Is the next step to pass a law that non-open source must also be considered? Let open source stand on its own two feet

      --
      "Maybe this world is another planet's hell"
      Aldous Huxley
  4. Re:Required by law?-Balanced books? by Anonymous Coward · · Score: 1, Insightful

    "But the industry continues to oppose some requirements.

    "The proposed amended bill still says that in every new software acquisition, state agencies shall consider open-source solutions," said Jim Craven, lobbyist for the American Electronics Association, which opposes the bill. "It still has a 'shall' in there. I am not lobbying in opposition to open-source systems. Our concern with the bill is the mandate to state purchasers that they 'shall' do this or 'shall not' do that." "

    And is there an implicit "shall" in the present framework towards commercial software, and if so? Why shouldn't there be a counterweight.

  5. I'm confused by justin_speers · · Score: 4, Insightful

    Okay, so I'm an Oregonian, and I see absolutely ZERO point to this bill...

    This bill says Oregon should have to consider open-source software when upgrading systems... Where is the law that says Oregon CAN'T do that already? What a stupid waste of legislation, no matter how big you are on open source. Are politicians so stupid they need a law to tell them they can consider obvious options?

    Uhmm... wait... don't answer that last question. I figured it out on my own.

    1. Re:I'm confused by Slowping · · Score: 4, Insightful


      Uhmm... wait... don't answer that last question. I figured it out on my own.


      This is exactly why we need this bill.
      Because by your argument, we shouldn't have the DMCA. All those things are better covered by existing laws. But the DMCA exists. We need to be a little more realistic and support laws like this to gain some ground.

      Yes, laws Should make sense, but they don't; so we need to play the political game.

      --
      (\(\
      (^.^)
      (")")
      *beware the cute-bunny virus
    2. Re:I'm confused by justin_speers · · Score: 2, Insightful

      Yes, laws Should make sense, but they don't; so we need to play the political game

      Sorry, but I don't share that attitude... Somebody needs to stop this insanity!

      Everything is so over-legislated nowadays. There are zillions of laws saying you can't do this, you have to do that, congress "shall" do this.. etc.

      You're never going to make it better by playing the political game and heaping on "good laws" as band-aid fixes for all the bad ones.

      Honestly the only way we're going anywhere but down the drain is if people can someday stand up and vote for some candidates who will actually reduce the size of government and bring some efficiency to the table. I may sound a little too idealist, but there are alternatives to democrats and republicans out there.

      I'd rather be a naive idealist than someone who is perpetuating the horrid status quo...

  6. Re:Good? by jkrise · · Score: 2, Insightful

    " The consideration for open source should already be included in the basic law that all state departments should spend taxpayer resources in a way that would benefit the taxpayer most."

    Exactly how will this help in benefitting the taxpayer? In the matter of H1Bs, the legislation was specifically phrased "foreigners may be employed ONLY WHERE such talent is not locally avbl". Only a similar strong wording can promote Open Source.

    I'd like a legislation which states "Agencies which consider software purchases must consider commercial closed-source s/w ONLY WHERE Open Source products satisfying the needs, are not available". The penalty for non-conformance to this legislation should be the loss of the taxpayer's money i.e. the (extra) price paid for closed-source s/w.

    The problem with society is there is no legislation against apathy and stupidity.

    --
    If you keep throwing chairs, one day you'll break windows....
  7. Re:big deal by Phroggy · · Score: 4, Insightful

    Admins trying to install the best software for the job isn't the problem - the problem is non-technical department heads choosing the software with the best-sounding sales pitch, and then hiring admins who can install that.

    The bill would mean that instead of just buying MS Office, they'd have to look at StarOffice and decide which would be better. Then they can still go ahead and buy MS Office anyway, if that's really what they need.

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  8. Re:big deal by TheRealRamone · · Score: 3, Insightful

    "sometimes windows, sometimes oss"

    No-no-no - For organizations with very limited budgets, such as schools, a better admin would also consider the most economical solution:

    windows (which ever version is already installed) AND oss (Open Office)

    And that's probably what's got Microsoft's panties all tied in a knot.

  9. Re:"Value" of commercial vs. open-source software by dorfsmay · · Score: 2, Insightful

    But anybody who has ever worked in IT will tell you that the initial cost for the acquisition of the software is peanuts in comparison to the "cost of the software". You need somebody to install, to train the users, to update the software etc...

    In a lot of cases oss software will be more cost/effective (say apache vs. anything out-there), but in other cases there is no oss solution for a particular problem, or what exist is so feature-less, or so complicated to install/maintain that a comercial equivalent is more cost-efficient.

  10. based on.... Marketing? by Ledskof · · Score: 2, Insightful

    "We believe that procurement decisions should be based on the overall merits and value of the software under consideration," said Alex Mercer, a Microsoft spokeswoman.

    In other words, it should be based on how well that software is Marketed, not on how well it performs.

    Would they not discover the "overal merits and value" by evaluating software instead of ONLY listening to the production of one of the most aggressive marketing engines in the world, and online opinion?

    --
    This is my sig. The post is over.
  11. no OSS company to sue by b17bmbr · · Score: 4, Insightful

    the problem with OSS as far as gov't/schools are concerned is that when you have a company that makes the software, hardware, buildings, etc., you have somebody a) at the other end of the phone line and b) someone to sue. if you don't think that is important, you're mistaken. governmnets and schools do not want accountability. since i am a public school teacher, i can attest to this. these people want to be able to blame someone, for something. they don't want the responsibility. with OSS, even say red hat or suse, what, you gonna sue them or call them when something goes wrong. yes, i know you get support contracts. but it ain't the same.

    using OSS requires taking risk. these people won't do it. it is so much easier to "just use microsoft". you can't be faulted for making a "bad decision". but you choose to go with OSS, and it has even 1/10 the problems that microsoft's "solutions", you get your ass fried. please remember, some of the problems with public procurement:

    1) if you get $100, and spend $105, you demonstrated a need
    2) if you get $100, and spend $85, next year you get $75, since yoiuy don't ned it, and guess what, the schmuck who overspent, get's your chunk
    3) it isn't you're money, you don't care
    4) typically your purchasing decisions will reflect on your higher ups, whose recommendations you need to advance
    5) cheaper is better, most of the time. if you get 20 of item A for $100 and 25 of item B for $100, B is better choice. but, if you get 30 OSS items for $0, see rule #1

    my father spent thirty years selling, and schools and gov'ts were among his clients. they were most notorious for doing this: they'd see his competitors crap, buy it, and when it broke, he'd sell them a better system. so the purchasing agent got to:1) buy more for less, 2) blame company for product problem, 3) got credit for solving problem, 4) get's bigger budget next year

    you think i'm full of shit? how i wish i was. if you have never spent much time in schools (i have) or government, you are missing quite a learning experience. so, it is no surprise that OSS is not widely adopted in public service. but, call and write your elected officials. remember, THEY care about public dollars.

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  12. Forging community spirit by skillet-thief · · Score: 4, Insightful
    But, IMHO, I think that the law is -1 redundant.

    Maybe from a purely practical standpoint, a law like this doesn't change much. Someone who really, really wants to buy Windows can say: I'm closing my eyes, I'm considering OSS...I count to ten, OK... now we can go buy Windows!

    But that's all right!

    The point of a law like this is making a statement and proving that there is a will on the part of the State government to have an agressive OSS approache.

    A law like this also lets The People (tm) have a role in deciding what kind of software their gov't uses. Without tying the hands of state agencies, it sends a message.

    The bottom line is the message getting sent. That is why MS is worried. It is more symbolic than anything, because it is another step towards widespread acceptance of OSS. And I think that MS is just as much worried about the symbolism of this law than about actually losing x Windows licences in Oregon.

    Go Ducks! Good job on this one.

    --

    Congratulations! Now we are the Evil Empire

  13. Re:Your confusion cleared up, instantly. by Anonymous Coward · · Score: 1, Insightful

    They want to pass this bill because the the PHB at all the large companies have the dummer, less attractive PHB (pointy haired brother) working in the various government agencies. They do pretty much act like sheep and just buy whatever Microsoft et al. are pushing. I support this bill, because it will all others to suggest solutions that could just as good if not better and cheaper. It's sad, but sometimes you just have to force people to look outside of their narrow view of the world and see that there are other options.

  14. Missing the point by Crashmarik · · Score: 4, Insightful

    Anyone ever hear these.

    We'd Like to use PC's but we need IBM otherwise we will look foolish

    Nobody ever got fired for using IBM

    Now updated to: Nobody got fired for using Microsoft

    This bill gives OSS legitimacy. It means when someone suggests an OSS solution it has to be considered and can't be dismissed as that shareware crap.

    Remember most IT directors are political creatures. They are people that are much more adept at managing organization political games than they are at producing software, network infrastructure, or technology of any kind. They appreciate a situation where they one acceptable choice and the rest are no brainer rejects, It saves on the thinking that way.

    The law forces IT people that otherwise wouldn't give a second look to OSS to do so. Thats what Microsoft doesn't want. They are fighting the battle of mindshare.

  15. Re:It's political by skillet-thief · · Score: 2, Insightful
    GPL, while great in it's own way, is not a good liscense for government software because it is too restrictive, and the fruits of development are not shared in an unrestricted manner

    The GPL isn't restrictive for anybody, as long as you don't distribute it. You can change the code and lock it up, and as long as you don't distribute anything no one will say a word. Perfect for gov't, which is not supposed to be in the software business anyway.

    Kernel Hacker Bob could liscense his changes to it under the GPL, and big bad software company MS could just incorporate it into Windows.

    This just means that KH Bob ends up doing free work for MS and gets nothing in return, while MS makes money off of his code. MS wins and KH Bob loses. End of story.

    --

    Congratulations! Now we are the Evil Empire

  16. Re:School districts are bad too by Anonymous Coward · · Score: 1, Insightful

    Sheeh guys, lay off the grammer spelling stuff OK? I don't do very well at 1am when I'm typing a response. Teachers get tired too. Cut them a little slack - it's a very hard job at very low pay. They can't be perfect all the time - proper spelling and grammer take considerable effort late at night.

    Pay attention to the point. Software companys treating schools like drug dealers do. That's an excellent way to put it.

    Never let spelling or grammer distract you from a good idea. Correct them if you must, but for goodness sake pay attention to the idea!

  17. Re:Good? let's make it better.. by RTMFD · · Score: 2, Insightful

    Huh??? If open source is really the compelling choice, than it _should_ be selected. If not, then the governement should go with closed source. I think laying down a law restricing the choice to one side or the other will be counterproductive, and ultimately hurtful to the open source cause. Imagine the backlash when people in government have things like OpenOffice forced on them when they are used to WordPerfect or MS Office? On the flip-side, wouldn't they be more receptive to change if they tried something like apache, samba, openoffice, etc. on their servers/workstations and came to the conclusion _on their own_ that open source really was the way to go?

    If open source really is compelling, people will flock to it, no matter how many barriers are put up. Just look at what has happened in the server rooms. How many companies are running Linux now that used to run Solaris/HP-UX, etc.? Linux became the "best tool" for the job and quickly took over. Hopefully, the same will happen one day for the desktop.

  18. Use the best software for the job by twem2 · · Score: 2, Insightful

    That's the best policy...
    So if, as Microsoft says, their software is the best, why should they need to lobby against other software?

  19. "What's good? Life's good--but not fair at all." by JZip · · Score: 2, Insightful

    Look, this bill is about public sector buying, so not only are your opinions about private sector buyers irrelevant, they show that you don't think before you post.

    What's important about bills like these? They put Open Source/Free Software on a level playing field with Closed Source/Proprietary Software. That means Open Source/Free Software is going to lose sometimes. If you can't accept that, then you are the mirror image of the straw man buyer you put up: The idiot in IT who wants worthless free software because it's cool, not useful or usable.

    Can you explain to me why MS Excel is inferior to the OpenOffice spreadsheet? And why corporate buyers who purchase it are "idiots who don't know what they're buying"? Tell me what the OpenOffice solution is for desktop databases--what do they have to substitute for MS Access? Tell me about ODBC drivers. Tell me what you're substituting in for MS Project Manager, and how it interoperates.

    By the way, I use OpenOffice at home nearly exclusively, both on OS X and on Windows--I like it. But I'm not blind to its flaws and failings, either.

    I fight these battles nearly every day. I'm contracting in an extremely unfriendly environment (where Open Source==Freeware==Shareware). We've still managed to keep some paths open for OS/FS. We didn't do it by telling people they were idiots for buying software which--oddly enough--works for their purposes, fulfills their requirements, and is cost-effective to use.