Slashdot Mirror
Lobbyists Urge South Australia To Drop Open Source Bill
Red Wolf writes "The Age reports that South Australia has caused eyebrows at the Initiative for Software Choice (ISC) to be raised in concern, with the organisation writing to Premier Mike Rann over a proposed Open Source software bill. The ISC, by its own definition, is a "global coalition of large and small companies committed to advancing the concept that multiple competing software markets should be allowed to develop and flourish unimpeded by government preference or mandate"."
So, basically if I'm understanding this right, and correct me if I'm wrong, the Initiative for Software Choice is lobbying to basically remove South Australia's choice to use Open Source Software from consideration and more or less force them into using closed source software. Kind of ironic. Groups with names that don't support their actual agenda like this should really be openly chastised by major media outlets for being hypocritical to the point of just being ridiculous, if not just made flat out illegal. Think of it as a truth-in-advertising kind of thing. A company/group/whatever's name is their best form of advertising, it forms the base of their brand recognition. So if their name is so out of whack from their goals, it's kind of like misleading advertising.
Request: ECM unit, 1000 km fullerene cable, 1 tactical nuclear weapon. Reason: Birthday party for foreign dignitary.
... I have to say that *my* opinion has been changed by the slashdot news items, and I think other peoples' may be too.
Normally, I like to choose the best software for the best application. However, the idea of public data is important.
The argument that convinced me was the pro-business alternatives that should be required: open data format, with full perpetual license to read and convert to other formats, should be acceptable for most purposes [not voting: The US demonstrates the flaws of closed-source vote tallying].
That said, I feel that even this requirement should stand only for the case of items of public record on computer. That is, you don't need MS Word to be open source/data format, if your only documents of record are on paper.
Now, people have had this flamewar going for who knows how long. But even flamewars can convince people. They moved me from "no regulation" to "encourage OSS".
After all, it is one person who decides which software to buy. But he's deciding for the property of others. Closed and open formats are not equal, therefore.
Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
As someone who's just started meddling in the NSW (Australia)public service (local government) after several years in private IT sector, I see the call for open source in the best interest of our clients, i.e the public.
People are becoming alot more concerned with how public money is being spent. Government not only has the opportunity to save money, but also can start giving back to the public by contributing, and most importantly being seen to be contributing, to opensource software which tax payers can then use for themselves.
Although I'm not strictly in an IT position, I am known as one of the IT guys, who can unlock peoples accounts when they are unable to enter their l/p properly after 3 goes.
Unfortunately, it seems, the IT professionals who take up positions in local government come from the bottom of the IT barrel (including myself), often stepping over from other positions and taking up the 'IT person' status, and therefore lack an understanding of possibilities that open source software hold, and have been brought about already by private businesses. With a couple of years working for a small town ISP, looking after half a dozen Linux servers which ran the business, I have developed a opensource/linux background. (Oh, and of course.... constant reading of slashd^H^H^H^H^H^H^ linux Howto's)
Of the several people I have mentioned opensource, prominantly linux, software to, they have been baffled. Downloading the latest win32 OpenOffice is a great first step. Especially with the Export to pdf button.
I will be pushing opensource initiatives, taking on the burden of being the opensource mole, with already open office looking to replace our current proprietry office suite, linux on our main file/backup server, two NT2000 servers look to be replaced by a single linux server, and an old server resurected into a internet gateway. Hey... who thinks I can turn this into a reality TV show??? can't be any worse then....
''The article doesn't detail the intricacies of the law...''
No need to guess about the bill - here's the text of the proposed legislation. See the bold text for the important part:
[BIL148-A.LCA]
[Advance (1)]
South Australia
[Prepared by the Parliamentary Counsel on the instructions of the Hon. I. Gilfillan, M.L.C.]
STATE SUPPLY (PROCUREMENT OF SOFTWARE) AMENDMENT
BILL 2003
A BILL FOR
An Act to amend the State Supply Act 1985.
[OPC-LC]
Contents
Part 1â"Preliminary
1. Short title
2. Amendment provisions
Part 2â"Amendment of State Supply Act 1985
3. Insertion of Part 3A
Part 3Aâ"Special provisions relating to supply operations of public authorities
17A. Principle applying to the procurement of computer software
The Parliament of South Australia enacts as follows:
Part 1â"Preliminary
Short title
1. This Act may be cited as the State Supply (Procurement of Software) Amendment Act 2003.
Amendment provisions
2. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2â"Amendment of State Supply Act 1985
Insertion of Part 3A
3. After Part 3 insert:
Part 3Aâ"Special provisions relating to supply operations of public authorities
Principle applying to the procurement of computer software
17A. (1) A public authority must, in making a decision about the procurement of computer software for its operations, have regard to the principle that, wherever practicable, a public authority should use open source software in preference to proprietary software.
(2) In this sectionâ"
"distribute" means distribute for free or on payment of the reasonable costs of distribution;
"open source software" means computer software the subject of a licence granting a person a rightâ"
(a) without any limitation or restriction, to use the software for any purpose; and
(b) without any limitation or restriction, to make copies of the software for any purpose; and
(c) without any limitation or restriction, to access or modify the source code of the software for any purpose; and
(d) without payment of a royalty or other fee, to distribute copies ofâ"
(i) the software (including as a component of an aggregate distribution containing computer software from several different sources); or
(ii) a derived or modified form of the software, (whether in compiled form or in the form of source code), under the same terms as the licence applying to the software;
"proprietary software" means computer software that is not open source software.
PRINTED UNDER THE AUTHORITY OF THE GOVERNMENT PRINTER
Whilst MS is probably a player in this, keep in mind that the South Australian State Government's IT is almost totally outsourced to EDS ( who are a ISC member, and a MS solution parter at a very big way ).
EDS's revenues in the SA State Government Cotnract would be impacted by an open source direction , as EDS derives revenue both from selling software and hardware to the government, as well as supporting the systems.
As EDS is a major sized player, one of the ways they derive revenue is by screwing commercial developers down on price, and then selling to their customers at as high a price they can get away with.
Extensive use of OSS/Free software would impact this because they would have reduced capability to pad their revenue.
Sometimes affirmitive action policies are considered neccessary in order to force employers to think outside the box, and consider employees that may not be in the normal "zone of comfort" for the employer in question. Once the bar is raised, and the targetted group is "inside the zone of comfort" once more, the policies could potentially be considered a success.
In order to communicate the SA legislation effectively to other legislators, it shouldn't really be considered a 'statement of preference'.. perhaps it should be referred to as a "software affirmitive action policy".
Let's just take a few lines from the ISC letter, liberally changing "software" references to "people with green eyes" (nods to William Peters classic blue-eyes brown-eyes psychological study). Lets further pretend that green-eyed people are considered to be a "lower caste" by most members of society, and though just as capable as brown, and blue eyed people, are generally not considered equal by employers.
On behalf of the Initiative for eye-colour choice, I write to express our concerns regarding the proposed employment bill, which gives undue preference to people with green eyes, over people with other coloured eyes. The IEC believes that if this "preference" legislation were to be enacted, it would severely limit employment opportunities for South Australia's government, harming not only its citizens, but also South Australia's vibrant government employment sector.
The IEC is a global association overwhelmingly made up of, and supported by, blue and brown eyed people, with over 15,000 members in 89 countries. The IEC strongly supports equal opportunity for people with blue, brown and green eyes, and believe that "preference" policies may not select the most meritorious potential employee in any one project, at the expense of providing equal employment opportunities to green-eyed people.
Sometimes, a government needs to put the good of the many, over the good of the few; and software preference legislation has the potential to level the playing field a little for open source tools, and open-source-related services, in the mind of government project managers.
As a developer of BOTH commercial and open source software, I think there is certainly scope for affirmitive action in software choice.
Red.