Texas Hearings On Open Source Bill

fusion812 writes "Senate Bill 1579 is proposed Texas state legislation that would require state agencies to consider 'open source software' when purchasing computer software. The bill has been introduced in the Senate, referred to committee, and is awaiting a schedule date for a hearing." Here's some more information from EFF Austin; fusion812 supplies a summary of the bill's provisions as well as a Real Audio sample of the provided testimony, both below. Also, see this report on NewsForge for some juicy quotes.

A sample recording of testimony can be heard here: http://www.Senate.state.tx.us/ram/archive/2003/may /050803StAffpm.ram

More information: Texas Senate Bill 1579
Senate Bill 1579 proposes that, for all new software acquisitions, a state agency shall:
1. consider acquiring open source software products in addition to proprietary software products;
2. except as provided by Subdivisions (4) and (5), acquire software products primarily on a value-for-money basis;
3. provide justification whenever a proprietary software product is acquired instead of open source software;
4. avoid the acquisition of products that do not comply with open standards for interoperability or data storage;
5. avoid the acquisition of products that are known to make unauthorized transfers of information to, or permit unauthorized control of or modification to the state government's computer systems by, parties outside the control of the state government."

Comments

Re:Is there another clause

[Anonymous Coward]

No offense, but I'm getting sick of these "just use the right tool for the job" comments. Haven't you read Stallman? Think about where we'd all be if everyone had thought like this, why, we'd have no open source software at all! We'd all instead just be using "the right tool for the job (TM)" Remember, Linux wasn't always such a good OS. People had to work hard to make it that way. Jesus Christ, if there's something lacking in Free Software, work to make it better; don't throw up your hands and give in to the Dark Side.

Affirmative Action for the Software Industry?

[AlabamaMike]

As much as people hate it, Affirmative Action was a necessary policy in America. Now we must undertake a similiar policy in order to overcome the barriers erected by large software corporations. I'm sure some (if not most) of us have read the corp's reaction to policies such as this. I think that's to be expected. The majority (in this case, the one with the money is the majority) doesn't like it when the minorities get a fair shot at what they always saw as "their world." Bills such as the one in TX are going to be needed in order to restore a level playing field in the software world. Expect to hear much outcry from MS, IBM, Sun, and other large corps from this one. Don't expect this to pass ... IMO, the lobbyists will see to it that it never will.
-A.M.

Re:Better PR...

[Timesprout]

Read the article, they, as most people are aware the real cost is in support and maintenance. There is no such thing as free software. There may be no price tag attached to the aquisition of some Open Source software but it costs to support and maintain it. To say otherwise is highly disingenuous, if not down right untrue

one change that should be made:

[rumpledstiltskin]

The third requirement, that agencies justify user of proprietary software over open source, needs to be challenged. why not force the agencies to provide justification for their decision, rather than justification for one branch of options? if you force the agencies to provide justification for acquiring proprietary software, the pencil pushers in the agency would be more likely to choose open source, but for the wrong reason. I don't know about other people here in Texas, but I don't want my state agencies to choose an open source solution that might be worse than a proprietary one if the reason is they would have to do more work justifying the proprietary software. If you're going to add more work, apply it evenly so the best decision gets made.

Re:Is there another clause

[phippy]

so you would rather "use the OSS tool for the job even tho it doesn't work" ? come on.

if people prefer OSS, then they WILL make it better. but in the meantime, they'll use what works. or, at least they should. you can use OSS when it works better, which doesn't take that long to be the case.

Affirmative Action for OSS is an insult.

[Alethes]

Affirmative Action is saying that the group benefiting from the program would not be able to acheive their goals without help from the government. In the case of race and schools, it's saying that those races aren't smart enough to get into the college of their choice. In the case of business, it's saying those races are incapable of succeeding on their own. In the case of software, it's saying that the software will never be able to be up to par enough to compete against proprietary software on its own.

If you were a ten year old playing basketball against a 20 year old, would you be more proud of yourself for winning the game if that other person was in a wheelchair, or if they were in good physical condition? It may be a more "fair" game, but the reward and satisfaction is minimal.
Is that how you want to win?

I sure hope OSS is given a chance to compete without being belittled by legislation that proposes to "level the playing field" by handicapping the competition. This legislation will only alienate the companies (IBM, Sun, Oracle) that have supported OSS with their commercial leverage, and make these OSS projects feel dependent on the government for their survival and success.

Re:Is there another clause

[Timesprout]

By all means consider all available solutions(realistic one anyway). To do otherwise would be remiss. There are IT professionals out there who are familiar with the capabilities and shortcoming of both proprietary and open source software you know and can make an informed and unbiased recommendation. My point was there seemed to be excessive emphasis on justifying proprietary selections over OSS ones which is not a fair selection process

Frankly I am amazed at how frequently this "locked" argument is twisted. Proprietary software houses do not send armed guards to get your signature at gunpoint and prevent the installation/evaluation of other software. If you do not like the license you do not have to purchase and are free to find an alternative. If you cant find a suitable alternative then you can hire developers and build your own systems otherwise its welcome to a capitalist market and the law of supply and demand.

Re:OSS

[johannesg]

That's nonsense. Let me demonstrate: if I am furbishing an office with software I need to obtain an OS, some office software (word processor, spread sheet, mailer, ...), and maybe some software specific to the task the office performs.

If I chose open source software I download a free copy of Linux, Open Office, and Evolution, and I have the rest developed for me. The local economy benefits because I get some software developed and because I pay someone to support my computer network and the software I installed.

If I chose proprietary software I buy a copy of Windows, Microsoft Office, and Outlook, and again I have the rest developed for me. The local economy benefits because I get some software developed and because I pay someone to support my computer network and the software I installed. Looks familiar?

The major difference between the two solutions is that in the first solution I am not sponsoring a foreign corporation (I'm not in the USA), leaving me more money that I can spend locally - on the software I commissioned, for example.

And if I were located in the USA the same argument would in all likelyhood still hold. Ask yourself how you profit from the $40e9 or so that Microsoft has lying around, or the ridiculous profits they announce every year. Would it not be better to plunge that money into a small local company that employs maybe 30 people and is willing to provide you with 24x7 support for your Linux systems?

The economy does not benefit from a single titanic company collecting a tax over all computers and software. It does benefit from those local companies. As a simple test, try this: enumerate all people you know who work in IT. How many work for Microsoft? How many work in a small 'local' company?

'Open Source' does not mean that all software development will stop. So many people need software, and they all need something slightly different, made to perfectly match what they are doing. Most software development is done on this basis, and Open Source will not change that need. Only software companies that sell pre-packaged solutions to large crowds need to fear it.

Re:Texas agencies on mainframe

[BurKaZoiD]

I work as a computer operator for a datacenter which is mandated by Texas law, that all state agencies have to consider using our datacenter to outsource their IT, and provide proof they can do it cheaper.

I work for a very large state of texas agency, in charge of IT acquisitions, and I've never heard of what you're referring to.

Re:you're not reading it right

[sheldon]

Open source software is already being considered. It's also being rejected.

So now the OSS community wants to go one step forward in mandating, so they write up this bill which requires you to provide justification whenever you don't use open source software.

Justification means paperwork. It also means a review committee most likely, what's the point of paperwork if nobody is going to read it?

I know how government operates. I know how issues are spun. I know for a fact that if the bill stated justification must be provided when choosing open source software, the slashbots would be up in arms. You spin this as "consideration", and I'll point out the truth which is "mandating".

Sure, this'll work.

[the gnat]

For those of you who think that this bill has anything better than a snowball's chance in hell, I proudly present: the Texas Republican Party Platform.

These are not reasonable people. Don't get me wrong; I'm too conservative to be a good Democrat, and I dislike Nader just as much as the Texas GOP. I don't even hate Bush (though I have no respect for most of the rest of the administration, other than Powell). There are actually a couple of points in the platform that are reasonable enough. However, those fruitcakes embody just about every liberal nightmare, and they scare the living shit out of me. They're like John Ashcroft on methamphetamines. (Yo, Texans: no offence; we have theocratic lunatics in WA state as well.)

Assholes like this are why I didn't change my voter affiliation years ago. The chances of them even understanding any of the technical issues involved, let alone lending a sympathetic ear, are simply pathetic.

OSS to stall the world economy ?

[stock]

> Obviously these states aren't considering the long-term results of Open Source Software and the effects on the economy, as more and more software developers are put out of jobs in favor of using free (as in beer) code.
>
> OSS is an OK idealist idea, but in practice what it will do is completely stall the world economy.

The world economy is not stalled by OSS, i don't buy that. OSS is just a tool. Proprietary Software in the good days was also used as a tool/aid in the business process. Its only after large software vendors during the .com boom made proprietary software its own goal.

Next microsoft got their dominance on the complete IT software market. The latest remarkable action of them was introducing License 6.0, To me that is the main reason the IT industry is on a dead-end now. Like its parked inside a dead alley.

Another point for the stubourn stalling economy right now, is lack of trust and confidence in the current president of the USA. Not only inside the USA but also in the rest of the world people just don't know whats going to happen. So why would they show confidence and trust in the current president, the economy of the USA and hence the global economy?

Now how can a free or almost free thing like OSS make any influence on the economy? M$ seems to have major problems? Well if they do, then i think License 6.0 is a far more important reason as OSS.