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."
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
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.
"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?
In my opinion, the forces of government corruption are strong in Oregon: Complicated methods corrupt Oregon government.
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.
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;
Yeah, in other words, instead of just picking the first thing that comes along, which is ALWAYS commercial software, they would be REQUIRED to consider an OSS alternative.
A few good points:
1. Good chance at finding a cheaper solution for the initial implementation.
2. Good chance at finding a more secure solution.
3. The solution would be maintainable, and free to upgrade to meet future technologies.
4. No source code is hidden from you.
5. If they decide not to use an evaluated OSS solution then the resulting report could greatly benefit that OSS projects future.
6. If the OSS solution is decided on, it will bring this OSS project further into the public for other's to consider using.
7. The more OSS solutions that organizations are aware of and implement, the more organizations that will be aware of and implement them as a compounding result.
etc
8. Future change: If something is free, you aren't held back from changing because of all the money you already dumped into it. And you most likely wouldn't get involved in a platform that was designed to lock you into it with no escape (microsoft), so you'd have a better chance at changing in the future as well.
Someone else list bad points; I'm going to bed.
This is my sig. The post is over.
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.
It appears that the Oregonian read a little too much into the fact that the bill wasn't discussed in the General Committee today. Here's part of a post that showed up on the Portland Linux User's Group this evening (Note: Representative Drummel is a committee member and supporter of the bill):
....
"Behold! Representative Jerry Drummel, at 16:52PDT, calls me back.
I spoke with him for about 10 minutes. To summarize:
* He scratched out the discussion of the bill in the general committee because he wasn't happy with the amendments. Two issues:
- Issue with the "where as" clauses. I didn't know what this meant.
- Issue with parts of section 2, did not go into details
* He has been working with Barnhart and and Ken Barber [co-sponsors of the bill] since the bills creation.
* He is the one who invited Riverdale and the MESD down to testify.
* Once the bill is finalized and approved through the General committee,
he would be a yes vote.
So, I don't think the bill is dead, just standard government bureaucracy. I've never had a representative call me back though, which
was impressive. Then again, maybe I'm easily impressed when it comes to
legislature. "
So it would appear that The Oregonian was a bit premature in declaring the death of this bill. It looks like it will go through some more revision, though.
"I think that the law is -1 redundant."
And I think your post is a reply to a redundant post! Here's my suggestion to give some real TEETH to the law.. Closed Source software must be considered IF and ONLY IF open-source alternatives which satisfy the stated needs of the govt. agencies don't exist. Any agency in wilful violation of this legislation will be penalised... and the penalty terms could be laid down.
The fact of the matter is that Open Source is a special category of software and needs legislation. It's like an endangered species - it cannot sustain itself without public awareness and legal protection. It is highly useful though.
If you keep throwing chairs, one day you'll break windows....
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.
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
As someone who has done actual research on Oregon HB 2892 (reading the bill and talking to its sponsor), I'd like to try to clear up some misconceptions with a short FAQ:
Q: What did HB 2892 do?
A: Two things: Require state agencies to (1) consider open source in procurement, and (2) procure only software that supports open formats for data storage and interchange.
Q: Why the past tense in the previous question?
A: Because it appears that the language of the bill has been compromised to increase its chance of passage. I haven't yet looked for the revised wording.
Q: Why is (1) necessary---can't state agencies consider open source anyhow?
A: According to the bill's sponsor, the nature of state procurement rules makes open source procurement difficult. Because there is no sponsoring organization that will bid contracts for typical open source alternatives, agencies may be bound by law or regulation to ignore them. (1) changes that.
Q: Doesn't the language of (1) force open software on state agencies?
A: No, it forces them to consider it. In a plain reading of the rules, a state agency should be prepared to explain why it selected a particular package over open source alternatives. HB 2892 has no detailed description of the criteria or methods of consideration.
Q: Do state agencies use a lot of open source anyhow?
A: Yes. Agencies that already use open source software generally support the bill: see above.
Q: Is (1) the most important part of the bill?
Hope this helps.A: No, both provisions (1) and (2) are important. Perhaps the chief concern of the bill's sponsor, Rep. Barnhart, is legacy systems and lock-in. (1) addresses this issue by encouraging continuously-maintainable systems. (2) addresses the issue by allowing seamless replacement of systems.
"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, go with open source.
i am a teacher, and i think i can give you some insight. there are several reasons. one, software companies see schools ans students like drug dealers do. they will damn near give away there software because if you get "hooked" on their stuff, when you leave, you only kow there software. and the district level people see the supposed great deal they get. two, in our district, some of the technidiots have gone to microsoft seminars, and come home with all sorts of freebies. it's like freakin halloween. so, they are not going to be the one that suggests OSS when they lose their sugar daddy. three, most school tech people are bottom of the barrell. for instance, i run linux inmy classroom, and the technidiots can't figure out how i can access the internet nor my novell network shares from linux, since "novell doesn't support linux". ipx_configure and ncpmount. districts can't pay going wages. so they get those least able to find jobs in the private sector.
something else, too. they just don't know linux and don't want to. they have no need to save the district money nor do they have any need nor desire to improve their skills. school district jobs are permanent jobs. they don't want to rock the boat. if the district dared move to linux, they'd be out of work or would have to retool their skills. they want neither. i could go on with endless stories but i won't bore you. keep up the fight, and take it to your school board. here's what you do. find just one area that OSS can do more, for less. it shouldn't be too hard. present it to the school board. they have their meetings open to the public. these people are elected. they care about votes. if they can say they saved money and improved __________ (fill inthe blank), let them get the credit, and you'll be more successful. for instance, give them examples where this "linux thing" has been adopted by companies, to show that it is a viable, powerful, etc., solution. i'd love to help.
i have run into lots of problems too. keep up the good fight. the latin phrase goes something like non illegetimum carborundum. don't let the bastards get you down!!! email me if you need assisstance. rmandel AT hartdistrict.org (sorry for the typos, it's 1AM where i'm,at)
My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
"Microsoft stalling bill that would require consideration of OSS"
In other late-breaking news, the sky is blue and computer chips contain silicon. Film at 11.
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.