Free Software Wins Court Battle in Quebec
courteaudotbiz writes "In a court battle in the province of Quebec, Canada, initiated more than two years ago, free software activists Savoir Faire Linux (translated 'Linux know-how') won the right to submit offers (Google translation; original French version) when the government takes public requests for submissions to replace its desktop operating systems and office suites. This opens the possibility in the future of replacing Microsoft Windows and Microsoft Office in favor of Linux and OpenOffice.org, or any other operating system and office productivity suite. In his judgment, the magistrate said that the government acted illegally when it discarded the proposal of Savoir Faire Linux for replacing Windows XP with a Linux distribution."
No doubt the court decision documents will help many people understand what Free software is and how it can be considered for government use.
Full (French) PDF of the court decision is available here:
http://blogs.savoirfairelinux.net/cyrilleberaud/KMBT35020100602152155.pdf
English background information:
http://www.fabianrodriguez.com/blog/2008/03/17/gnulinux-integrator-complains-to-supreme-court-about-quebec-government-illegaly-upgrading-to-vista-without-proper-rfps/
Notepad specialist & FAT administrator, group training available
Vive le Quebec libre!
- Charles deGaule
Seriously, doesn't this yell corruption into everybody's ears? What right is held back next?
Nae king! Nae laird! Nae yurrupiean pressedent! We willna be fooled again!
Here is some English reporting on the subject.
So if this is the future...where's my jet pack?
Correction to the article text: Savoir-Faire Linux is a commercial Linux service provider (an integrator), not an "activist". Look them up on the web. They sued the government because buying Windows specifically without considering Free software options was witholding them business.
FACIL, which also sued the government for the same reason in a different case, *is* an advocacy non-profit organization, somewhat akin to APRIL or the FSF.
:wq
I would hope that any major upgrade in government would involve at least some degree of systems analysis. And any decent systems analyst is going to take differences in software packages into account (along with many other factors)--not just price.
SJW: Someone who has run out of real oppression, and has to fake it.
Should not that Canadian flag be a Fleur-de-lis? Calis!
Please note that your response posts must be provided in both English and French.
SJW: Someone who has run out of real oppression, and has to fake it.
Here is a link to an English article about this:
http://www.cbc.ca/technology/story/2010/06/03/quebec-microsoft-lawsuit.html
ASnd please digg it: :D
http://digg.com/business_finance/Quebec_broke_law_in_buying_Microsoft_Software
Notepad specialist & FAT administrator, group training available
Vive le Linux libre!
I did some government biding some time ago. It was such a joke, they would request bids for "150 Dell Latitude D830's to be delivered over a 12 month period" The thing was, Dell was bidding and the government would through out anything that was not a Dell Latitude D830. So No comparable systems and no way to beat Dell's bid. As far as I was concerned it was a rigged bid and most of them went that way.
So, For the government to request bids on "Windows Vista" and to ignore all other desktop OS's is the same thing as far as I am concerned.
Now, the real question is: Was the bid written so that they could only get a bid from who they wanted or was it written that way because the guy in charge listened to the sales person, decided that was what he needed, and then wrote a bid because it was required that they take bids?
makes my brain want to liquefy and seep out my ears.
If the government of Quebec wants to upgrade their AutoCad 2000 license to AutoCad 2010 licenses, do they have to accept bids from people who want to sell them the free software program "Bricscad" running under Wine?
Close, but no cookie. It means the government has to describe the need they need to fill, instead of dictating a specific product, in their RFP. Any bidder that can meet these needs can submit a proposal. It's common sense, really.
:wq
Does this decision allow for a bid from all competitors or just SFL? The translated story is not very clear on that matter.
Quebec courts have always been quick to rule in the favor of local interests. If anyone can submit a competitive bid then justice has been served, but if it's only the SFL then the corruption is on the side of the courts. Would this have been accepted if it was a french version of REL?
|| makes my brain want to liquefy and seep out my ears. ||
Hey! Don't knock it till you've tried it!
In fact, the rules for winning contracts are very clear. Lowest price for a qualified submission, or highest score divided by price submission.
But as you say, there is still corruption, so it is still unlikely a small business as Savoir Faire Linux may win a contract to replace the OS on 2500 workstations in government offices... Except if they can give a brown envelope full of cash to some influential-enough person...
But would the influential-enough person accept Canadian Tire money?
"upgrade their AutoCad 2000 license to AutoCad 2010 licenses,"
They have to specify that the new program van read autocad 2000 data files and whatever features they require to have the autocad 2010.
The good burocrats write "AutoCad 2010 or comparable" , the lazy ones write "AutoCad 2010".
Maybe if they sweetened the pot with a few pre-paid Tim Horton's Tim Cards as well.
When our name is on the back of your car, we're behind you all the way!
I ever think the government should invest in foss project that can fit he's need. It's will be a more effective way to spend money , then give it too big business. The government are there to serve the people interest , not the business interest.
More information in English here and also here.
...they rejected a bid submission for upgrading their XP machines to Vista which didn't actually successfully meet their requirement that the OS in question be the one they asked for?
I'm not trying to push anyone's buttons, but what if the proposal was to upgrade their linux servers with modern systems running linux. If a vendor came along and part of that proposal included a server running Windows Server 2008 and they rejected that proposal because it didn't meet their requirements, would the OSS community be up in arms then?
Does a government body seeking bids on computer systems have the right to specify which OS they plan to use, and may require for industry-specific ads? Or are all requirements on the table meaningless?
sorry
its french made with a lot of english support and do you lads realize how many govt computers there are ? HOW much doh would be saved i've been advocating that ALL govt in Canada should migrate to open source we could make beaver Linux or mapleleaf Linux or whatever, the in house nature means you do not have to out open source PROBLEM however comes with new copyright law there may be issues with modifying opensource that has any login systems ( technological protection measures) and in fact even permsisionary structures of the file systems are a technological protection measure that will require me and you and everyone to ask permission every time we change or move a file around in an operating system
Dude, it's literally the first google hit ... Klondike Kat.
Lost at C:>. Found at C.
And will that bid include the cost of retraining the entire IT staff on Linux?
-- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
This isn't perfect, but it's hopefully better than the machine translation linked to in the summary.
(Quebec) The Régie des rentes du Québec (RRQ) acted illegally in February 2008 when it acquired Microsoft software without a bidding process, Superior Court's Judge Denis Jacques concluded.
In a lengthy ruling of about forty pages, the magistrate sided completely with the company Savoir-Faire Linux (SFL), who brought this action against the RRQ and the Centre de services partagés du Québec (Quebec shared services center, CSPQ).
"The real winner in this judgment is the government of Québec, which has been freed from the grip of multinational conglomerates", said Cyrille Béraud, president of the SFL, on Thursday. "All I won was the right to be considered alongside the others in a free and competitive market."
SFL began this action after the RRQ denied its request to submit a Linux-based bid for the RRQ's planned acquisition of operating systems and office suites for 500 workstations.
Simple upgrade?
The Centre de services partagés du Québec argued before the court that the Régie was only "upgrading" its workstations, in order to justify its decision to consider only Microsoft products, notably the operating system Vista and the Office 2007 suite.
The judge disagreed due to the fact that the RRQ intended to replace the Windows XP OS and the Office 2000 suite. "This is a migration, a renowal of their technological infrastructure. [...] If such a major change constituted an upgrade, then everything would be an upgrade, nullifying the bidding rules."
The judge also cited e-mail among RRQ employees, which he said showed evidence of improvisation and bias towards Microsoft products.
"Give me reasons to justify each product, anything you come up with..." writes an employee, a comment that the judge conluded clearly indicates a lack of serious and documented research.
"I hope a free software expert from CGI comments on the answer we gave [to Cyrille Béraud]. Are the arguments sound? [...] I hope this conversation remains CONFIDENTIAL", asked the same employee later.
A process that surprises even the people of CGI. "I thought the objective was to compare the two solutions", writes the specialist approached by the RRQ. "In reality, they were asking for confirmation that Linux - OpenOffice was unsuitable. It wouldn't make sense for us to make such a conclusion since we promote just the opposite..."
This exchange, wrote the judge, "shows the spirit in which the RRQ operates in order to sidestep the requirement that it proceed via a bidding process...".
He also notes the RRQ's decision to publish the notice of its intentions in the middle of the Christmas season, on December 21st, 2007, demanding that interested parties submit comments before January 11th, 2008.
"Unfortunately for the RRQ's 'strategy', Mr. Béraud responded on December 25th, 2007", notes Judge Jacques.
The judge finds it unreasonable to retroactively cancel the transaction concluded in 2008, but finds all the same that it is "fair and necessary" to declare that the RRQ acted illegally in making this acquisition without serious and documented research. He conludes that the RRQ did not have the right to award this contract without a bidding process.
The RRQ's spokesperson, Herman Huot, indicated Thursday that the organization would take some days to study the decision.
As for the president of SFL, he explained that the trial "wasn't meant to harm RRQ or anyone else. We wanted to show that we were falling behind technologically. I hope that, since this judgment is nothing more than a declaration, the government won't appeal."
"We couldn't have hoped for more", he added. "I'd like to take this opportunity to solemnly call for all political parties and the Charest administration to consider the question of free software. Free software is technological independence, local jobs, less costly and more efficient systems."
Le français vous intéresse?
The president of which you speak has been dead for 40 years, and de Gaulle had been making it a habit to piss off friends and allies since WWII, when Churchill could have throttled him a number of times for his big mouth.
The world's burning. Moped Jesus spotted on I50. Details at 11.
One of the problem is that he systems analyst are not always the one that make the finale decision on what bid to accept. The selection committee members dos not have time (and sometime the competences) to determine if a software package is equivalent or not to another one. Where I work (about 600 PCs), the upgrade from Windows NT 4 to Windows XP Pro (including an upgrade of Office) was studied and evaluated for about 9 months to plan for all the impacts on existing software packages, work process, etc... There is no way, the members can take that kind of decision during a selection committee.
Usually the system analysts will do their work before the bidding process, determine what software package (or packages) are acceptable in the bids and build the public request for proposal. What that court decision brings to the table is that it weakens the system analyst's work by denying, in a way, the right of the government to ask for a specific software package.
The decision will give a chance to SFL to bid on future public request for proposal from the Qubec government (even if their proposed technology is different from what is asked for) but i don't want to know what would happen if their bid actually won. Personnaly, I can't imagine changing from Windows to anything else just because a different company won a contest. There is so much Windows specific programs and software package where I work that it would create some pretty huge problems.
So it's probably a win for Free software, but it could create some pretty difficult problems. to solve
and if you guys had candidates here id vote for you and ive heard this before its LIKE canada is crying for a new party, one thats for people not stuffy suits that are selling off our values , country and civil rights
The government's analysis of the bid would, yes. Exactly as it would when upgrading to a new Microsoft OS, or when replacing a mainframe. That's pretty much procurement basics 101.
I've got no problem with organisations using Windows (etc.) if it's the right decision for them, and I don't subscribe to the notion that Windows is inherently awful or whatnot. But it's ridiculous that a government (of all things) is prepared to spend vast sums of money on a product without even considering a single alternative.
Actually, it was quite insulting for the President of France to come to Canada and state that Quebec should be free (independent). We haven't quite forgiven him for interfering in our internal politics while in the position of honoured guest.
Who's "we"? The rest of Canada? Quebec Federalists? I'll remind you that during the last referendum on separation the vote was very close to 50/50.
After all, it was France that abandoned Quebec to British rule,
Then that should have insulted the separatists rather than the federalists. Somehow, I doubt that many separatists were insulted.
after Wolfe handed Montcalm his ass.
You do know that Wolfe was killed during that battle?
In fact, the RFP was for an upgrade from Office 2000 and Win XP to Vista and 2007. It can be argued that since a complete conversion of the Office docs is warranted OOo is an equivalent to Office 2007, and that is the opinion of the judge.
translated quote: "we are faced with a migration, a complete renewal of the IT environment [...]such an important change cannot be considered an upgrade"
You're not old until regret takes the place of your dreams.
Actually, it was quite insulting for the President of France to come to Canada and state that Quebec should be free
Yeah, how dare he tell people they can be free? Freedom is bad! BOOO freedom! BOO!
You can't take the sky from me...
To do some serious lobbying, so this "clearly incorrect and patently unfair" court decision can be done away with.
That or there will be chairs flying towards Quebec.
You say that like it's A Bad Thing®!
And ye shall know the truth, and the truth shall make you free.
John 8:32(King James Version)
"If the government of Quebec wants to upgrade their AutoCad 2000 license to AutoCad 2010 licenses, do they have to accept bids from people who want to sell them the free software program "Bricscad" running under Wine?"
Of course not, and the sentence says no otherwise.
It's simply that there's no thing as "upgrading AutoCad 2000 to AutoCad 2010". It needs to be a "public procurement for an overhaul of Computer Assisted Design software at the Quebecois Regional Government".
Of course, in the procurement process things like the easyness and cost of the overhaul process, compatibility and/or moving-forward costs for porting in-house developments to the new platform, front licensing costs, guarantees and maintenance fees will be taken into consideration, so maybe (even probably) the winner bid will be the one proposing a migration from AutoCad 2000 to AutoCad 2010, but that will be *AFTER* proper consideration of the presented bids, not by negating access to the procurement process to anyone with the ability and desire to cover the functional needs of the publica res.
"The government of quebec's argument (an office 2003 to 2007, xp to vista) UPGRADE is not a bid-spec for a complete wholesale exchange of all their software and systems for one that is not compatible with all the other software in their list."
And the judge has clearly stated that this is illegal and it shouldn't have been done that way. If they need unbroken operations within the current environment, then so they need to state, not that the software will be from this or that brand and model. What if by some unstated means one of the bidders is able to give the asked for functionality, port all needed applications, with 0 maintenance stops, proper personnel formation, etc. and still get better price and guarantees? Should it be unable to bid because it happens not to be "Brand Foo Model Bar"? It's not up the government to say in advance "nah... that's impossible, so I'll ask for AutoCad 2010 instead", but to ask for functionalities and functional restrictions and then look what the bidders have to offer.
"I agree that the government should be considering extracting itself from the control of the "multinationals" as google-translate in TFA renders it."
And so the judge states too. It's not only that the government (illegally) asked for brands and models instead of functionalities, but that it didn't take its due dilligence not developing a study regarding what such needs and functionalities in fact were.
"Personnaly, I can't imagine changing from Windows to anything else just because a different company won a contest."
I do. It's just a matter to know (as always) if it won the contest by its bid's merits or by any other means.
"There is so much Windows specific programs and software package where I work that it would create some pretty huge problems."
So that would have to be accounted for in the RfP and properly weighted. If changing platforms is still the best option then, well, it's the best option, and that's why it won the bid, isn't it?
Actually, it was quite insulting for the President of France to come to Canada and state that Quebec should be free (independent). We haven't quite forgiven him for interfering in our internal politics while in the position of honoured guest. After all, it was France that abandoned Quebec to British rule, after Wolfe handed Montcalm his ass.
You don't speak for the majority in Québec. Most of us fell so much pride to have French root despite our deep anger at France. France was then forgiven for not doing protecting us against the Brits. :
Today a lot of things have changed because of this speech by the French president. Anglos should see him as the savior of the Canadian unity. What he did made a lot of Canadians realize that the more they discriminate against French Canadians the worst things would be for their country's unity.
I made my own choice on the issue after the 1980 referendum. I had become a hard core separatist during the military occupation of Montréal by the Canadian army in 1970. Since Québec didn't want to leave Canada I did.
Since the Canadian government has made enough changes to make life easier to French Canadians I don't see the possibility of ever getting enough votes to get Québec free from the more than 200 years of British occupation.
In october of this year will be the 30th anniversary of the "war measure act of 1970" where all civil rights were cancelled. The criteria to be a suspect terrorist were
Young with long hair and French speaking. Students from French Canadian colleges were easy targets.
More than 800 people were put in prison with no charge, many were tortured either mentally of physically. One warden once told prisoners that they would be executed the next day.
There is no language issue in Québec, this is settle law. There is an english problem coming from english outside of Québec. Québec english's population is actually civilized.
As for the labels, the idea is that it is cheaper to have label with multiple languages than having multiple labels. The label war was lost years ago by the racist crowd in english canada.
Canada being USA's largest trading partner, it is logical that products shipped to Canada have French on the labels. Actually I think that all labels should have english, French and Spanish. When we have free trade with Brazil Portuguese should be on the labels as well.
All Americans should be happy when they see French on some labels on American products since it means that we sell those to Canada which translates to more jobs here.
You guys think this is a win? Seriously? Crikey... all the government agencies will do is say they considered Linux, but it didn't suit their needs, cite a list of reasons, and still continue to use Windows. I think you'll find that more and more government departments will probably start switching to OS X. It's a far better o/s than Linux or Windows I'm afraid.
Dave
Our lives begin to end the day we become silent about things that matter. --Martin Luther King Jr.
The whole judgment is a very good read and one notable quote is on paragraphs 75-76.
It says that Microsoft is also present in court to sustain the RRQ's (wrong) decision. Microsoft says it's in its best interest to be there since Savoir Faire Linux is asking for a reversal of the contract attributed to Microsoft.
Paragrah 76 adds that in fact Microsoft is in fact there to sustain its monopoly.
Court cases involving technology are often misunderstood by the judge but in this case it's refreshingly not the case.