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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."

29 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 Anonymous Coward · · Score: 3, Informative
      I've worked on a couple State of Oregon development projects (hence the posting as AC). The open-source vs. closed-source debate is a bit more complex than it would seem here. A few relevant points:
      • The vast majority of people using computers in government are not techies. They are just people trying to do their jobs and they want familiar and easy-to-use tools to get those jobs done. For most non-tech-savvy users, the simple and familiar closed-source apps are going to be much easier to use.
      • The state IT department is (to my knowledge) a Windows shop. Two different departments that I've worked with have been told that they will not get IT support for open-source applications.
      • Open source requires a higher level of technical ability to install and maintain. Though I've met exceptions to this rule, you're not likely to find a whole lot of qualified 'nix sysadmins in state government. This is a potential security and support minefield.
      • Why would any admin recommend moving from a Windows environment with 100% compliance with existing workflows to a hybrid or open-source environment with unknown compliance and a tremendous expense in lost productivity as people learned the new tools? There's a huge hidden cost here.

      Hey, don't get me wrong, I use open-source whenever possible. I drink the Kool-Aid; last year I moved one Oregon agency from a closed-source to an open-source extranet system. But the software/operating system is only one part of the computer systems involved, and the computer systems are only one part of the workflow/people involved. Let's not pretend that open source is always the best path to a solution. It isn't.
    6. Re:Good by MAXOMENOS · · Score: 4, Informative
      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.

      This makes for a real pain in the ass when you have to get a solution in place now and you have a budget of $0 for aquiring the necessary software from the approved vendor. This, sadly, is the case in a lot of state agencies.

    7. Re:Good by sheldon · · Score: 3, Informative

      Having read the law, the specific wording is such that if you don't use open source software you have to justify why. That means paperwork.

      How many people who just want to create a small database for their department is going to want to write up a 40 page paper justifying the use of Microsoft Access? They won't, so they'll find something which takes less work to acquire even if it is actually more expensive to setup and use.

      The people sponsoring this bill obviously understand how government bureacracies work, and they have setup wording that sounds reasonable on the surface, but would have devastating impact. It's manipulative, but that's frequently how you get bad laws passed.

  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?
  4. Oregon is not new to corruption by selfish interes by Futurepower(R) · · Score: 4, Interesting


    In my opinion, the forces of government corruption are strong in Oregon: Complicated methods corrupt Oregon government.

  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 InsaneGeek · · Score: 4, Informative

      No you are incorrect. OSS does not mean it doesn't cost anything, it doesn't mean that you aren't putting out commercial software, it means you have additional rights.

      Check out http://www.fsf.org/gnu/thegnuproject.html the granddady of the "movement" (hate the word movement but can't think of anything better) RMS even says it.

      The term "free software" is sometimes misunderstood--it has nothing to do with price. It is about freedom.
      Since "free" refers to freedom, not to price, there is no contradiction between selling copies and free software. In fact, the freedom to sell copies is crucial...

      There are lots of no-cost non-OSS software out there, goto your favorite utility website and download something. I can download winamp and use it at no-cost, is it OSS??? No. Again no-cost != OSS, if it did the bill would say that they are forced to look at no-cost software instead of OSS.

  6. 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;
  7. Re:Your confusion cleared up, instantly. by Ledskof · · Score: 5, Interesting

    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.
  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. Not exactly stalled.... by Colonel+Panic · · Score: 4, Informative

    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.

  10. Re:Good? let's make it better.. by jkrise · · Score: 4, Interesting

    "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....
  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.
    1. Re:no OSS company to sue by catfood · · Score: 4, Informative
      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.

      That old chestnut! I wish this was Plastic so I could mod you "-1 disingenuous." Every time there's an OSS vs. commercial software debate, someone brings up the "someone to sue" line as if it had never been thought of before.

      Now go read a commercial software license. Any commercial software license. You don't have someone to sue. MS Office could wipe out your backups and take your children hostage, but Microsoft isn't liable, because you agreed to their EULA. You don't have someone to sue. You might possibly get your purchase price back in an extreme case.

      if you don't think that is important, you're mistaken.

      <sarcasm>Oh, never mind. Now you've set me straight.</sarcasm>

      Say, why is it that the most clueless, argumentative posts include a self-referential line that ostensibly clears up that sort of confusion? How thoughtful.

      This is an old, old criticism of institutional use of OSS and it has never been valid.

  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. Facts about HB 2892 by po8 · · Score: 5, Interesting

    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?
    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.

    Hope this helps.
  14. Microsoft has a point... by sdibb · · Score: 4, Funny
    I agree with Microsoft COMPLETELY on this stand:

    "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.

  15. Re:School districts are bad too by b17bmbr · · Score: 5, Interesting

    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.
  16. In other news... by Anonymous Coward · · Score: 3, Funny

    "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.

  17. 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.