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Texas Senate Proposes a Budget With a No-Vista-Upgrades Rider

CWmike writes "The Texas state Senate yesterday gave preliminary approval to a state budget that includes a provision forbidding government agencies from upgrading to Windows Vista without written consent of the legislature. Sen. Juan Hinojosa, vice chairman of the Finance Committee, proposed the rider because 'of the many reports of problems with Vista ... We are not in any way, shape or form trying to pick on Microsoft, but the problems with this particular [operating] system are known nationwide,' Hinojosa said during a Senate session debating the rider (starting at 4:42 of this RealMedia video stream). 'And the XP operating system is working very well.' A Microsoft spokeswoman said in response, 'We're surprised that the Texas Senate Finance Committee adopted a rider which, in effect, singles out a specific corporation and product for unequal treatment. We hope as the budget continues to go through the process, this language will be removed.'"

45 of 290 comments (clear)

  1. this language will be removed by sofar · · Score: 5, Insightful

    I'm sure Microsoft can pay to have that done.

    1. Re:this language will be removed by Tibor+the+Hun · · Score: 5, Funny

      Texas follows different set of laws. I'm sure Microsoft can just pray to have that done.

      --
      If you don't know what AltaVista is (was), get off my lawn.
    2. Re:this language will be removed by Martin+Blank · · Score: 4, Insightful

      It's not a matter of whether Microsoft can pay to have it done. It shouldn't be in there because it sets a bad precedent. If they can forbid Windows Vista, why not forbid any other piece of software that has, whether or not for valid reasons, gotten bad press? These decisions are much better left to those deploying the technologies.

      --
      You can never go home again... but I guess you can shop there.
    3. Re:this language will be removed by AuMatar · · Score: 4, Interesting

      It's the legislature's job to control the budget. They have every right, and even an obligation to stop it from being wasted. Yes, this can including dictating technology. Hopefully they'll discuss this with experts before voting, but its a perfectly legit rider to put on a budget bill. In this economy I'd probably go with no upgrades period unless there's a health or safety reason for doing so.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    4. Re:this language will be removed by Runaway1956 · · Score: 4, Insightful

      As AuMatar states, the legislators are doing their jobs. They can forbid the state doing business with Microsoft at all, if they decide that to be in the State's interest. In this case, they have refused to foot the bill for upgrading to a shaky operating system. Besides which, it is highly doubtful that very many government owned machines will run Vista's aero "features" anyway. Waiting for Win 7, IF they decide to upgrade at all, makes sense. Of course, it makes even more sense to me that Texas upgrade to open source, require that their employees get the proper training to provide their own support, and simply stop paying for proprietary software. WinXP is, and will remain, a good business operating system for quite some time, after all.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    5. Re:this language will be removed by Anonymous Coward · · Score: 5, Insightful

      Although it would be best if a strong IT department could make that determination on their own, maybe they need some help to make it stick. There is nothing unusual about avoiding Vista. My company is very Micrsoft-centric and even THEY won't touch it. The situation to avoid is where agency X decides on their own to upgrade (especially if they get subsidized freebies), and then agency Y is pressured into upgrading to be compatible with agency X. Sooner or later, some critical piece of software refuses to run on Vista and the brown stuff hits the fan.

      There are probably a few state agencies that are either exempt (or pretend to be exempt) from the state IT dept. And they probably need more guidance than they are willing to admit. For all we know, it may have been the IT department that asked the legislature for help.

      My guess is that MS can get this language removed, but they will have to provide all kinds of freebies. The best outcome would be to leave the language intact and bag Vista. Second best would be getting all the upgrades for free. From the legislative point of view, a win/win situation.

    6. Re:this language will be removed by Anonymous Coward · · Score: 5, Informative

      I would wager that a significant portion of them are still running Windows XP (if not OS X) and have little or no experience with Vista aside from what their son's best friend's cousin's neighbor told them.

      Let me help. I work for a global IT firm with more than 30,000 employees. We sell a lot of Microsoft kit. And internally we have chosen to skip Vista because it's proven to be too bloody problematic in several rather extensive pilot studies.

      Apologies for posting AC here, this is one post I really would not be able to get away with.

    7. Re:this language will be removed by Martin+Blank · · Score: 4, Insightful

      I do work for a government, so I'm well acquainted with the purchasing and the oddball requirements that come with it. Generally speaking (though I've seen some significant exceptions that drew a great deal of controversy), the government bends over backwards to ensure that things are as fair as possible in the technology assessments. We listen politely to the senior leadership, including elected officials, and then go and do what the laws and policies tell us to do so that we're not held to the fire when some violation is brought up.

      I've no problem skipping Vista. I have it on on my work notebook and have since Beta 2, and while it's fine for me, my notebook is more powerful than most. We've identified software incompatibilities that will take most of a year to fix, by which time Windows 7 is due out, so the upgrade makes sense. My position is that it should be -- and usually is -- decided after proper evaluations, and not prior by uninformed elected officials.

      --
      You can never go home again... but I guess you can shop there.
    8. Re:this language will be removed by perryizgr8 · · Score: 3, Insightful

      If it made VISTA mandatory; and outlawed use of BSD, Linux, Solaris, and Mac O/S by anyone with long term jail sentences at hard labor, Microsoft would be praising it as progressive, enlightened, and humanistic.

      and slashdot would be enraged, shocked. completely opposite of the reaction now. whereas both situations are completely equal: bias against a specific company.

      --
      Wealth is the gift that keeps on giving.
    9. Re:this language will be removed by lgw · · Score: 4, Informative

      Of course, there's no fundamental differece between Vista and Windows 7 (which is Windows 6.0 R2). Microsoft is quietly laughing at all of this - everyone said "we're skipping Vista", so they just rebranded Vista and slapped on a different-looking GUI (which means in most people's eyes it's a totally different OS). If there are enough fixes in the Vista service pack called "Windows 7" to make it tolerable, then this isn't a total scam, but it is humorous.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    10. Re:this language will be removed by im_thatoneguy · · Score: 3, Informative

      Vista Service Pack? I've already installed 2 of them. I've also installed Windows 7.

      The Windows 7 upgrade was far more profound than either service pack.

  2. Good by AvitarX · · Score: 4, Insightful

    With Windows 7 just around the corner, it makes far more sense to wait for the first service pack of Windows 7, then to upgrade XP to a soon to be replaced OS.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    1. Re:Good by cheater512 · · Score: 4, Funny

      Sssh! Your going to give Microsoft's business plan away!

  3. ROFL; but stupid by fuzzyfuzzyfungus · · Score: 4, Insightful

    As much as I'm unimpressed by Vista(and dread the eventual move of the PC side of the operation I work for) and amused by this bill, it is a stupid idea.

    It is perfectly acceptable, indeed kind of the whole point, for legislatures to make laws, and handle budget matters, and this would give them the legal authority to do something like this; but that doesn't make micromanagement a good practice. If Texas' state IT minions are so incompetent that they need politicians to tell them what software to use, based on anecdotal evidence, then they should be fired at once. If not, then they should be treated like reasonably responsible adults, and allowed to do their jobs to the best of their expertise.

    Broad requirements like "thou shalt use only open, interoperable systems" are perfectly appropriate; but "thou shalt not use item X" is just stupid, even if I happen to dislike item X.

    1. Re:ROFL; but stupid by belmolis · · Score: 5, Insightful

      But are you sure that in Texas such decisions are made by competant IT professionals? I wouldn't be surprised if: (a) decisions about software purchases are made separately for different parts of the state government; (b) in at least some of them people who aren't all that savvy make the decisions. It is also possible that even the IT pros are heavily invested in Microsoft and do pretty much what Microsoft says to do. So this may not be an instance of ridiculous micromanagement.

    2. Re:ROFL; but stupid by Clandestine_Blaze · · Score: 4, Interesting

      If Texas' state IT minions are so incompetent that they need politicians to tell them what software to use, based on anecdotal evidence, then they should be fired at once. If not, then they should be treated like reasonably responsible adults, and allowed to do their jobs to the best of their expertise.

      Why would they want Vista anyway when they could just go with Microsoft Mojave, which is a clear upgrade!

      Jokes aside, I agree that this bill is stupid. Why have an I.T. department if they need the state politicians to tell them what software to use? Rather than legislate a "no-vista-upgrade" rider, they should instead devote a portion of the budget to setting up a development lab so that they can test their applications against whatever operating system they want to go with.

      I had a brief three-year stint with a county government here in Northern VA and they had done just that -- they had a core group of testers test the shit out of every piece of legacy software the county used against Vista. When Vista came out, the county said "no-way" to upgrading until almost a year went by. The upgrade to Vista was definitely on their schedule, but they wanted to be sure that everything played nice together. Once their testing was done, they slowly rolled out in a beta fashion where select employees would use Vista (usually the I.T. guys within individual agencies) and then eventually upgrade everyone else.

      Anyway, that was the vision of the I.T. director and NOT the county superintendent, board of directors, Virginia General Assembly, county executive or any other politician.

    3. Re:ROFL; but stupid by Antique+Geekmeister · · Score: 4, Interesting

      And it prevents "upgrade by fiat", when new hardware is ordered and automatically comes with Vista and some poor local admin has to explain to his manager that no, they should _not_ accept that unwanted upgrade and stick with a consistent, existing hardware and software version. It also prevents departments from releasing Vista-only technologies: this is important for Internet Explorer and other applications.

      It also keeps the Texas paperwork pushers from playing Halo 2 or Halo 3.

  4. Not uncommon by squidfood · · Score: 3, Insightful

    Several/many Federal agencies already have done this as a agency-wide policy, i.e. "XP is fine, we're not officially approving or allowing Vista purchases". (Though I approve in general I'd prefer if it was left to IT in agencies to make the choice, not legislative mandate).

  5. Sigh by halcyon1234 · · Score: 4, Insightful

    ...but the problems with this particular [operating] system are known nationwide,' Hinojosa said...

    Looks good so far, reasonable, tech savvy-- he just wants to ensure everyone uses stable, functioning software, and---

    (starting at 4:42 of this RealMedia video stream).

    *facepalm*

    1. Re:Sigh by PhxBlue · · Score: 5, Funny

      *facep -- Buffering -- alm*

      There, fixed that for ya.

      --
      !#@%*)anks for hanging up the phone, dear.
  6. Why Bother by alvinrod · · Score: 4, Interesting

    Why bother upgrading to Vista at all. Just wait another two years or so until Windows 7 comes out and either upgrade machines at that time or purchase new machines which will come with Windows 7 installed.

    If it would cost a lot to upgrade from XP to 7, then it's time to either switch to Linux or at least start talking about it so that Microsoft will help make the transition available for a more reasonable cost.

    Considering that we're at a point where computational power is considered to be sufficient or in excess for normal, non-power users, in two years this should allow the government to purchase some low-end machines that have more than enough power to take care of the work that will probably be done on most of them.

    1. Re:Why Bother by Real1tyCzech · · Score: 3, Informative

      .....

      Because there have been numerous betas that have blown both Vista and even XP out of the water?

      http://content.zdnet.com/2346-12554_22-278706-34.html

      [] ...or that it is even improving as it progresses through beta:

      http://content.zdnet.com/2346-12554_22-278706-35.html

      Yeah, I know....someone backing up their statements on Slashdot with actual results? What was I thinking?

  7. Re:Bill of attainder? by fuzzyfuzzyfungus · · Score: 3, Insightful

    Umm. Only if "producing a product that some customers believe isn't worth buying" is now a crime...

    As I said in another comment, I think that this is a bad piece of law. However, the legislature has the legal authority to write up the budget, that is, and historically has been, one of the most important legislative powers. "Don't buy X without special permission" is a perfectly licit thing to put in a budget.

    If they were trying to make the sale of Vista illegal in Texas, you'd have a stronger case, though probably not strong enough; but exercising budgetary control to not buy something is totally licit.

  8. MOLP? by nurb432 · · Score: 3, Informative

    If they are enterprise, they most likely have a MOLP, which if its current they paid for Vista anyway.

    --
    ---- Booth was a patriot ----
  9. Oy by Tridus · · Score: 4, Insightful

    So, does this person actually know anything about operating systems? Or is this "my friend heard from a friend heard from that friendly Mac guy" type of silliness?

    I mean, where I work we're not upgrading to Vista either. But that was a decision made by IT, after actually looking into it. I highly doubt the politicians have any idea of what they're talking about.

    Remember, next month they could just as easily say "no upgrading to Linux, everyone knows that's socialism!" It'd have just as much research behind it as this legislation does.

    --
    -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
    1. Re:Oy by benjamindees · · Score: 5, Informative

      There is no IT dept for the entire State of Texas. So, first of all, your analogy is flawed.

      Secondly, the legislature writes the budget for the state's OS upgrades. It is certainly within their purview to forbid an especially worthless OS on a cost/benefit basis, regardless of technical considerations.

      --
      "I assumed blithely that there were no elves out there in the darkness"
    2. Re:Oy by gadlaw · · Score: 5, Insightful

      Yeah well, legislatures don't know anything about highway construction or job creation or stem cell research but they still seem to be able to 'represent' the people that elected them and vote for things by and large that numbers of people support and would like to see addressed by the legislature. They don't have to be 'IT' people to pass a law. Hasn't stopped them before, that argument won't stop them anytime in the future.

      --
      Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
    3. Re:Oy by EvolutionsPeak · · Score: 3, Interesting

      They don't pass laws saying "you can't buy this companies' asphalt" or "you can't upgrade your microscopes to this particular one" either. Their lack of expertise means that they shouldn't be making technical decisions that require expertise.

      Saying "we need a road from A to B" or "stem cell research can/can't be funded" doesn't require expertise.

  10. that will save lots of money by WillAffleckUW · · Score: 4, Informative

    The problem is that there's really no reason to "upgrade" to Vista, and at twice the price for slower speeds and performance, not to mention the mandatory RAM and video card costs, this is a wise budgetary precaution.

    Just don't mandate netbooks - they have a tendancy to walk away.

    --
    -- Tigger warning: This post may contain tiggers! --
    1. Re:that will save lots of money by Toonol · · Score: 5, Informative

      Plus, there's a potentially harmful network effect. A particular department might need new pcs, and upgrade to Vista with no particular cost or problem... but then, they're on a network with, swapping documents with, and have different support and training requirements than other XP users. All of a sudden, other XP users might feel a need to upgrade, generating unnecessary expense.

      Even more importantly, do not EVER let anybody in your company or government upgrade to a newer version of Office, because the moment that lid is opened, there's no going back.

  11. Texas BOR by mrmeval · · Score: 3, Informative

    If any agency already has a contract their law means diddly squat. The historical meaning of bill of attainder is to try and convict a person or group in the legislature. It may apply to a product if it can be seen as inflicting punishment on Microsoft.

    No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.

    Texas's constitution still has the post WWII eugenics provisions, how quaint.

    --
    I'd go on a Vegan diet but the delivery time from Vega is too long. --brownkitty
    1. Re:Texas BOR by Anonymous Coward · · Score: 5, Funny

      till Steve Breathing Apparatus Ballmer strides in black cape, and booming voice:

      "I am altering the deal...pray I do not alter it further..."

  12. budget stuffs by girlintraining · · Score: 5, Interesting

    It's not a micromanagement choice when he's responsible for a government that has perhaps 50,000 workstations, each needing a $200-300 license. Conservatively. I have no idea how many workstations the entire state educational system has, but I'd bet 50,000 is a lowball estimate. But still, that's $10 million, minimum, for an upgrade. For an educational agency's budget, that's not small potatoes. That could pay for the salaries of 57 primary school teachers for the next 5 years. The fact that the upgrade has questionable value for the educational agencies in the state is a supporting point! Why spend that much money for something with no real return on investment? Or, we could just ignore the huge economic question here and cry "evil microsoft!" or "how dare they single out a single company!" Yes... Those arguments make so much more sense than it's uneconomical.

    --
    #fuckbeta #iamslashdot #dicemustdie
  13. IT manager for a small govt org in TX by Anonymous Coward · · Score: 3, Informative

    As an IT manager for a small govt org in Texas, it would not surprise me one bit if this was not actually requested by some of my more politically influential colleagues.

    I and my group are avoiding Vista like the plague, mostly because of the unnecessary expense of the hardware upgrades it'll require, but also additionally because of the additional end-user training it'll require.

    We're having a hell of a time just getting our users to recover their productivity after the Office 2007 mess that was rammed down our throats, and most of them still hate Office 2007 with a bloody passion. We do not wish to repeat this ordeal with a changeout of the whole desktop operating system anytime soon.

  14. Re:Gotta admit, it is strange. by interkin3tic · · Score: 4, Funny

    But I guess it's harder to disallow a specific product via the same method.

    No texas government agency shall install an operating system that has a name starting with a "V" and ends in "ista," from a company that rhymes with "schmicrosoft."

  15. Not at all by Anonymous Coward · · Score: 4, Insightful

    What they tell their constituents is different from real life. Neo-cons, like Tom Delay was, LOVE to be paid to change their opinion. In fact, I would not be surprised if large amounts of funds show up in Texan pols re-elect funds, with the disappearance of that language.

    1. Re:Not at all by JackieBrown · · Score: 5, Insightful

      Yes, because only Republicans can be bribed.

      Just turn a blind eye to the neo-libs that defened Fannie Mae and AIG until the companies were sufficently drained not to pay them anymore.

    2. Re:Not at all by Glith · · Score: 3, Insightful

      Yeah, do you think the congresscritters will return their bonuses (contributions) from AIG?

  16. Re:The Media by geekoid · · Score: 3, Informative

    Actually it isn't. Moving From XP to Vista is a big issue, especially if you have a lot of legacy apps.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  17. Politicians interfere with our abuse methods??? by Anonymous Coward · · Score: 3, Interesting

    "If any agency already has a contract their law means [nothing]."

    You are saying that if there is a contract with a company, and the company delivers a poor product, the government can do nothing? Don't forget that Microsoft top managers deliberately and knowingly delivered an unfinished product, as court records have shown. The costs of dealing with the hassles of Vista are far greater than the price of Vista. (And Microsoft has done that before: Windows ME and DOS 4.0 are just two examples.)

    The following quote may need translation for those who are unfamiliar with habitual abuse:

    "A Microsoft spokeswoman said in response, 'We're surprised that the Texas Senate Finance Committee adopted a rider which, in effect, singles out a specific corporation and product for unequal treatment.' "

    Translation:

    "We're a corporation. Corporations should be allowed to be as abusive as they want, without comment from you political peons who are far below us in power and hierarchy."

    1. Re:Politicians interfere with our abuse methods??? by billcopc · · Score: 4, Interesting

      Well no, in reality they should take out the Vista-specific wording and leave it as a generic, all-purpose "No buying thousands of licenses of anything without approval" rule.

      In this specific case, the gist of the message is "If it ain't broke, don't try to fix it". He has identified XP as a working product that suits the needs of the government, and does not want to see asshats blowing a fortune on Vista and associated support costs, when the benefit is nil. He's basically saying the same thing millions of I.T. people have said since Vista's release.

      --
      -Billco, Fnarg.com
    2. Re:Politicians interfere with our abuse methods??? by Miseph · · Score: 4, Insightful

      So XP is about to blow up? Really? And Vista is the solution to that? What if the transmission's just fine, but the dealership is sending you postcards saying "hey, your transmission is 10 years old now, and even though we know it's been maintained, and we don't really suspect that it's about to break, we think you should buy this expensive new one we came up with that does more stuff and we think is super cool"... should you replace it? There isn't a single right answer to that question, and it's going to depend a lot on how you use the car and what kind financial situation you are in. Since the Texas State Government probably doesn't need the spiffy new features of Vista, and it most likely doesn't really provide any mission critical upgrades (maybe once it too has had years of security updates to lock it down it will, but for now the security advantages are speculative at best), spending a ton of money to upgrade from what they already have working amounts to little more than spending a bunch of money to start over from scratch.

      --
      Try not to take me more seriously than I take myself.
    3. Re:Politicians interfere with our abuse methods??? by remmelt · · Score: 4, Funny

      Also, this transmission will not fit in the car you currently own. You might need to upgrade parts of the car. In fact, it's probably best if you buy an entirely new one. The transmission comes free with the new one! Free I tell you!

  18. Re:Unequal Treatment by ErkDemon · · Score: 3, Interesting
    They're not singling out Microsoft. They're probably very happy to continue buying XP. They say that they like XP. But MS reps seem to be applying all sorts of dodgy rules that say that they can't supply XP unless certain criteria are met, as a matter of MS policy, because MS's top management want to sell Vista regardless of what the customers want to buy.

    So in order to guarantee continuity of supply of XP, it's probably helpful to have a policy that allows agency buyers to respond to MS reps by saying, I'm sorry, we want to buy XP, and its XP or nothing ... so stop fucking us around and sell us the damned operating system that we've already standardised on and want to keep using. Or sod off.

    This isn't singling out Microsoft. Singling out Microsoft would be, if they still refuse to play ball, classifying them as an "unsafe supplier" and ruling that all government departments whose systems are considered mission-critical should move all future development and IT work to open-source software for security reasons, since the current manufacturer clearly can't be trusted with continuity of supply. If US government projects and infrastructure is being threatened by a supplier's refusal to supply the proprietary systems that are needed to keep things running, then that becomes a potential Homeland Security issue.

    Protection of key government systems and infrastructure, an' all that.

  19. lost money == lost jobs by SgtChaireBourne · · Score: 3, Insightful

    The software cost of upgrading is often effectively nil, because most large enterprise environments are on multi-year Enterprise Agreement contracts that allow for no-additional-cost software upgrades...

    Like they haven't been already burned before by that company, at least once, by similar claims.

    Deciding that a specific product is inappropriate is out of their purview...

    Except if that product is known bad. They have an obligation to prevent further damage and / or to prevent good money from being thrown after bad. The recession is a depression in many areas, as evidenced by among other things, deflation. Regardless of recession or depression the times are harder, and not through getting harder, than has been experience for a few generations. And with that in mind, any wasted money means lost jobs. That wasted money can come through unnecessary licensing as well as lost efficiency.

    If the French Gendarmerie can reduce IT costs by 70% through use of FOSS, why isn't Texas allowed to do so as well? Or, as the original post states, why not at least be able to avoid shelling out for MS Vista upgrades and upgrade headaches?

    --
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