Slashdot Mirror


Brazilian Gov't May Pass Pro-Free Software Law

Kaufmann writes "More news from Brazil... this time it seems to be good news, though; this page describes a law project, already on Congress, which, if approved, will obligate all sectors of the Brazilian Government - agencies, public corporations, et cetera - to use only free (as in speech) software (unless there is none that provides the required functionality). This is rather surprising news, considering the incredible power wielded by Big Software Companies in Brazil (their puppet, the Brazilian Association of Software Corporations, is conducting a massive anti-"piracy" witch hunt, with some success). Email the author of the bill, congressman Walter Pinheiro, and show him your support! (Most links are in Portuguese; you might want to use your favourite text translation tool.) "

16 of 242 comments (clear)

  1. Unnational law by adraken · · Score: 5

    This is interesting... Slashdot is encouraging citizens of other countries to try to affect decisions in nations not of their immediate concern. Why should a Brazilian representative care about what some fool in New York thinks? Great, the rest of the world supports it, but his constituents just care about getting those damn strip miners out of their backyard.

    The CD-R tax story from a couple days ago also comes to mind. Non-canadians are probably signing it with something like "Toronto, Ontario" so that the petition people can say "this many canadians voted for it" and then the officials can reply, "there aren't even that many people in that city."

    I'm all for the ideals behind the story, but I'm curious as to what influence a non-national has over a delegatory representative...

    --
    -- adraken
    1. Re:Unnational law by FalseConsciousness · · Score: 3
      Well, there is Amnesty International, to name a prominent example of non-nationals attempting to sway government officials and policy-makers. They are certainly others as well - European groups have been very influential in North American policies affecting forestry and commercial hunting.

      So, you're right, a politician's immediate concern is the people who get them elected. However, this doesn't mean that they can't be influenced by voices on the other side of the world, given the right conditions.

      Falsifying your city of residence or nationality is no way to advance a cause you believe in. If you think that the national policy level is a good place to promote OSS (note this is an "if" - there is bound to be a spectrum of opinions on whether this is strategically/ethically right), then go ahead, make your best arguments to whoever will listen.

      --

    2. Re:Unnational law by Bruce+Perens · · Score: 3
      Well, obviously some Brazilian representative cares what I think, because he based his proposed bill on something the Debian developers and I wrote :-)

      Cool.

      Bruce

    3. Re:Unnational law by Lemmy+Caution · · Score: 3
      Who says that no Slashdot readers are Brazilian nationals?

      JEEZ. Talk about national solipsism.

    4. Re:Unnational law by iCEBaLM · · Score: 4

      This is interesting... Slashdot is encouraging citizens of other countries to try to affect decisions in nations not of their immediate concern.

      While I don't even think it's a bad thing as we do it in so many other areas for good, (ie: Save the Rainforest, etc) I think you're quite farsighted. Not everyone who reads slashdot is from the states, and to say that they are would be complete arrogance.

      Why should a Brazilian representative care about what some fool in New York thinks?

      Because that "fool" just might be an expert on the subject.

      Great, the rest of the world supports it, but his constituents just care about getting those damn strip miners out of their backyard.

      What? I thought we were talking about government software choices here?

      The CD-R tax story from a couple days ago also comes to mind. Non-canadians are probably signing it with something like "Toronto, Ontario" so that the petition people can say "this many canadians voted for it" and then the officials can reply, "there aren't even that many people in that city."

      Or perhaps real Canadians like me who read slashdot every day see the story and find the link to the petition, (where, BTW, we'd never find elsewhere, good luck finding it through "conventional" sources) and signs it?

      I'm all for the ideals behind the story, but I'm curious as to what influence a non-national has over a delegatory representative...

      And who are you to say the submitter wasn't Brazilian? Or for that matter, that Brazilians don't read slashdot?

      -- iCEBaLM

  2. Translated Design of Law Protocolled Software by Money__ · · Score: 4
    Note: the following was bablefished from http://www.conectiva.com.br/jornal/noticias/not337 .html

    It makes use on the use of programs opened for the beings of public law and private law under shareholding control of the public management.

    Article 1 - the public management, in all the levels, them To be able of the Republic, the state-owned companies and of mixing economy, the public companies, and all the too much public or private organisms under control of the Brazilian society, is obliged to use foreground, in its systems and equipment of computer science, opened, free programs of restriction proprietor how much its cession alteration and distribution.

    Article 2 - that one Is understood for opened program whose license of industrial or intellectual property does not restrict under no aspect its cession, distribution, use or alteration of its original features.

    Article 3 - the open program must assure to the using the unrestricted to its code source, without any cost, with sight to modify program, integrally, if necessary access, for its perfectioning. Only Paragraph. A code source must be the foreground feature used by the programmer to modify the program, not being allowed to dim its accessibility, nor neither to introduce any intermediate form as output of a daily pay-processor or translator.

    Article 4 - the license of use of the open programs must allow modifications and derived works and its exempt distribution under the same terms of the license of the original program.

    1 - the license will only be able to restrict the distribution of the code source in form modified in case that it allows to the distribution of programs modified jointly with the code original source, objectifying the alteration of the program during the compilation process.

    2 - source Must allow also the distribution of program compiled from the modified code explicitamente, being able in such a way to demand that the derived programs have different names or version numbers, that differentiate them of the original.

    Article 5 - it will not be able to have clause in the license that implies in any form of discrimination the people or groups.

    Article 6 - No license could specific for be determined product, making possible that the extracted programs of the original distribution have the same guarantee of free alteration, distribution or use, that the original program.

    Article 7 - the licenses of open or restricted programs, will not restrict other programs distributed jointly.

    Article 8 - the licitatórios certames that objectify to do business programs of computer with the beings specified in the article 1 of this law, will have obligatorily to be conducted by the principles established in this legislation.

    Article 9 - 1 will only be allowed to the use for the beings of the article, of programs of computer whose licenses are not in agreement with this law, in the absence of open programs that do not contemplate content it the solutions object of the public licitation.


    JUSTIFICATION It has more than fifteen years argues in the whole world the free manipulation of the computer programs or " free software ". In 1984 proprietor, supplied by means of restrictive licenses of ample specter was impossible to use a modern computer without the installation of an operational system. Nobody had permission to freely share programs (software) with other users of computer, and hardly somebody could change the programs to satisfy its operational necessities specific.

    The design GNU, that dates of the beginning of the Movement of free Software, was established to change this. Its first objective was to develop a compatible portable operational system with the UNIX that would be free 100% for alteration and distribution, providing to the users who contributed with its development and alteration of any part of its original constitution.

    Technical GNU is as UNIX, but it differs from the UNIX for the freedom that if it provides to its users. For the confection of this opened program, many years of work had been necessary, for hundreds of programmers, to develop this operational system. In 1991, the last more important component of a similar system to the UNIX was developed: LINUX.

    Today the combination of GNU and the Linux is used for million of people, of free form, in the whole world.

    This program is only one example of as the freedom in the alteration, distribution and use of programs of computer to be able to transform still more quickly, and in more democratic way, the profile it social and technological development in the world. The State, as fomentador being of the technological development and the democrátização of the access the new technologies for the society, cannot be to steal its responsibility to prioritize the use of open programs or " free software / open source ". E if small, the average and great companies multinationals already are adopting opened programs, thus preventing the payment of hundreds of million of dollar in licensing of programs, because it would have the State, with a infinity of devoid social causes of features, to continue buying, and expensive, the programs of market.

  3. Free Software by Yebyen · · Score: 3

    We all love free software... but personally I don't like the idea of forcing it. I'll admit forcing people to use free software does have some useful applications... no backdoored programs for example. I wasn't able to make much sense out of the article... I speak spanish, english, german, not portuguese. Anyway I don't think that "forced" and "free software" should be in the same sentence. The idea of free software is freedom, isn't it?

    --
    Restating the obvious since nineteen aught five.
  4. This Might Not Be A Good Thing! by Effugas · · Score: 5

    Heh! Slow down!

    Open Source Software is a wonderful thing, for innumerable reasons, but I'm not sure upper management(i.e. Congress/Parliament/Whoever) should be mandating its usage any more than it should be mandating its avoidance.

    Res Ipsa Loquitar--Let The Facts Speak For Themselves. In this case, let the value of the software speak for itself--I'm a hardcore advocate of Open Source, but let the engineers on the front lines make the technical decisions, not someone whose top priority is to Cut The Budget. It's one thing to have a policy that explicitly states that it's acceptable--even encouraged--to use (L)GPL'd code for your projects. It's quite another thing to demand it, and to stigmatize the use of anything else.

    Closed Source code shouldn't be presumed better because it costs many; Open Source shouldn't be presumed better just because it's free. Let the engineers be free to make their choices regarding what to use--hopefully, the track record of our development model, the quality of our code, and the immutability of our support(hi, RSA) will convince them to operate within the system we've created.

    I'd rather convince the engineers than threaten their jobs. But that's my opinion.

    Yours Truly,

    Dan Kaminsky
    DoxPara Research
    http://www.doxpara.com

    1. Re:This Might Not Be A Good Thing! by Mr2001 · · Score: 3

      Using free (as in open) software means the government isn't at the mercy of a private software company, which is at least as important as the money that will be saved.

      Imagine if Microsoft refused to provide the U.S. Government with licenses or support for any of its software, or planted back doors in the software ir provided. The government would only have three choices: cave in to Microsoft's demands, seize whatever it needed, or spend the time and money converting and retraining to another system.

      --
      Visual IRC: Fast. Powerful. Free.
  5. Re:Open Source . . . and the money to buy it by Money__ · · Score: 3
    Dan buddy, I respect you a lot, and usually find your posts spot on, but I would like to shine some light on one little thing.

    Engineers need funding. I work in the private sector, and in order for me to buy software for my network, I must first accrue(sp?) the funds.

    In a government model, these same funding decisions are made by the Government (i.e. Congress/Parliament/Whoever).

    I would like the funding and the freedom to make the decision that best solves the problem, and this kind of legislation (passed or defeated) calls attention to a software development model that we all should be using.

  6. A better translation by Captain+Zion · · Score: 3
    not being allowed to dim its accessibility nor neither to introduce any intermediate form as output of a daily pay-processor or translator.
    not being allowed to intentionally obfuscate the source code or use an intermediate form such as the output of a pre-processor or translator.
    1 - the license will only be able to restrict the distribution of the code source in form modified in case that it allows to the distribution of programs modified jointly with the code original source, objectifying the alteration of the program during the compilation process.
    The license can restrict the distribution of the modified source code only if it allows the distribution of the modifications along with the original source, i.e. a patch.
    2 - source Must allow also the distribution of program compiled from the modified code explicitamente, being able in such a way to demand that the derived programs have different names or version numbers, that differentiate them of the original.
    [The license] must also allow the distribution [in binary form] of the program compiled from the modified source code, and may require a different name or version number [to make it clear that it's a derived work].
  7. The law does not force the use of free software by Karpe · · Score: 3
    It says: "The public administration, in all levels, the Powers of the Republic, the state companies and mixed economy companies, and all other public or private business under control of the brazilian society become obliged to use, preferentialy free software, free of proprietary restriction on availability, alteration and distribution in their software systems".

    In our public university, the witch hunt has began. Last month, there was a big shift of operating systems on machines. A lot of machines changed from NT to Linux. Our lab, was the only which used mostly linux for research, and so we gave a lot of support to the other people. It was a lot of work, but we did meet a lot of new people. :)

    Sorry for the bad translation of the law, but I hope you can get the idea.

  8. Re:Open Source . . . and the money to buy it by Effugas · · Score: 5

    I would like the funding and the freedom to make the decision that best solves the problem, and this kind of legislation (passed or defeated) calls attention to a software development model that we all should be using.

    I'm not sure we're disagreeing at all.

    I want you, as an engineer, to have the funding to best solve a problem. Maybe that funding means that you'll devote five man-months to improving the SCSI stack on Linux, or maybe it means you'll just buy a farm of Solaris machines.

    Whatever you do, the decision should be made on technical grounds, based upon available resources and the ability for you to amortize the value of the project across multiple tasks, departments and maybe even agencies. Open Source has some definite advantages here! But those are advantages for the engineers to evaluate, not for the long-disconnected politicians to order them to choose, unless they're willing to put their jobs on the line saying what's out there Just Isn't Good Enough.

    If Microsoft got a law passed ordering departments to only use the most popular closed source software available, it'd be wrong. The opposite, in my mind, is also true.

    That being said, there is assuredly resistance at the direct managerial level above the engineers that makes free software a touchy subject. That resistance should also disappear, but not by mandate of law, but by sheer fact that the reasons behind that resistance are antiquated and just no longer valid.

    I'll admit, this is a very strange side for me to be taking, and actually feels kind of out of character, but I just don't feel it's right to speak of freedom and higher quality software out of one side of my mouth while mumbling about forcing the use of free software unless there's nothing that even comes close to finishing the job out of the other.

    Yours Truly,

    Dan Kaminsky
    DoxPara Research
    http://www.doxpara.com

  9. Fascinating. Some thoughts. by Lemmy+Caution · · Score: 4
    Insofar as Latin American IT is my field, I'm really excited by all the news (even the bad) that has been coming through the pike about it lately.

    Here are some issues to consider:

    1. It could be argued that any non-American government would be insane not to use Open Source software, in light of the possibility of sabotage with hidden calls, compromised security, etc. Right now trade relations between the US and Brazil are, if not hostile, a little bumpy, and Brazil is probably not entirely comfortable with not knowing what their software is doing. No country could be sure that US software companies aren't being pressured by the NSA etc. to put back doors in their software, especially in light of the Echelon scare.
    2. This is going to change the way that software is sold and supported in Latin America. Right now, the west is trying to push the software-as-sold-object model. The anti-piracy campaign is an example of this. It's really deep in the local mindset that if you have lost nothing by my copying something, I haven't really stolen anything. The amount of government pressure required to change that has made a lot of enemies down here. Some of them are frankly pissed at what they feel is a blackmail attempt by anti-piracy forces, who on one hand will encourage distribution of software to people in the ranks, then fly in with lawyers and gov't agents to see that everything is all in paid for - piracy is used to leverage sales down here, it's the biggest dirty little secret in the industry. By taking government agencies outside that whole game, the software industry changes.
    3. Corollary to the above, the current model exalts sales people far over engineers and developers. When support and implementation become the key to the software industry, that's going to have wide-ranging implications for those affected business cultures - you might see technical pay scales rise vis-a-vis sales pay scales (since the development for the closed source software was usually done in the US or Europe, local programmers aren't really benefitting from the current model.) All in all, I think this is an excellent development, and I hope other Latin American countries follow suit.
  10. Re:That's the OSD! ....and other halucinations by Bruce+Perens · · Score: 3
    Nope, it's really the OSD. Even the paragraph numbering is the same for much of it, the requirements are the same, and they are in the same order. See the Portugese translation of the OSD here .

    Bruce

  11. Let's see the good, bright side. by Carlos+Laviola · · Score: 3

    Well, first of all, I would like to make a few comments, as KGBear does sometimes :):

    1) We are not talking about explicit open source software. It is FREE. The source is closed? It doesn't matter. If they can give us, we will use it. That's the idea.
    2) Probably that will save huge amounts of money, of course. But there is a lot of piracy, even into the government (many agencies have illegal copies of very expensive software). That will keep going.
    3) The lack of supervision will probably throw this law into complete dust. Who will be assuring people are using 'as much as there is possible' of free software? What will be the _penalties_ for people running commercial software? Those questions intrigate me.

    Now to the good point. This will lead to something very very good, and completely new: thousands of people using software like *nix. That will make the understanding of such systems much more common between everyone. And, we all know no jobs will vanish from such acts. Software bought was bought. Future software running will be free, and programmers won't have to work more (or less) so they can sell his new applications. If the functions of the program are very needed, like, let's say, PhotoShop (there is always GIMP =D), the program will be bought. What I mean is, good programmers will always have their places.
    So, concluding: why not? less budgets, and, besides, just wonder how much people will begin using real os'es? how many people will get to know the real possibilites his computer had but he never experienced?
    I think some other countries should take a look at the idea.