NYC Councilman (and Open Source Developer) Submits Bill Establishing Open Source
NewYorkCountryLawyer (912032) writes "New York City Council Member Ben Kallos (KallosEsq), who also happens to be a Free and Open Source Software (FOSS) developer, just introduced legislation to mandate a government preference for FOSS and creating a Civic Commons website to facilitate collaborative purchasing of software. He argues that NYC could save millions of dollars with the Free and Open Source Software Preferences Act 2014, pointing out that the city currently has a $67 million Microsoft ELA. Kallos said: 'It is time for government to modernize and start appreciating the same cost savings as everyone else.'"
I'd be satisfied with a preference for whatever actually works for the given requirement, for the least amount of money. FOSS, proprietary, whatever.
I'm sorry, but while technical merits should be paramount, they are not the only consideration. Public contracting is not an exact science, and it is entirely appropriate to have non-technical considerations tip the scales in close cases. So while Free Software should not be mandatory, legislating a preference for it makes perfect sense.
Furthermore, there are considerations beyond the needs of a specific project and tender. Free Software has an externality: when the government (as a customer) requests modifications and improvements (and pays for them to be created), everyone benefits. For example, when my university has Blackboard Inc fix a bug (or improve the software) only Blackboard captures the value (when they sell their software to the next customre). If we were using Moodle, every other Moodle user would automatically benefit. Had we opted for Moodle, we'd also benefit from fixes made by other universities.