[Linux-aus] OpenSource in SA Government Bill

[Leon Brooks]

On Fri, 2 May 2003 09:26, Con Zymaris <conz at cyber.com.au> wrote:
>...> Ian Loxton wrote:

>...>  I'm told that the Hon. Ian Gilfillan MLC (Democrat
>...>  spokesperson for Science and the Information Economy) is
>...>  introducing a Bill to support Open Source Software today.

>...>  In a nutshell, the Bill (if successful) will require:
>...>   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.

> Much as I'd like to see free software in widest possible deployment,
> I don't believe this approach is the most effective.

In essence, I agree.

I think I would rather see partisan feather-ruffling legislation than no 
legislation, given that several proprietary vendors are outstanding in 
their field for a no-holds-barred no-quarter ends-justify-the-means 
approach to winning contracts and we have no fair counter to that. 

I base my approach on the idea that sailing in any direction is a step 
ahead of being becalmed. However, I'm willing to be convinced that it's 
a bad idea in this case, since it might be very hard to amend or excise 
bad legislation because many pollies wouldn't see the need to 
distinguish and would rather see the problem stay fixed, however badly.

> It's also too easy for well leveraged vested interest groups to
> (appear) justifiably antagonistic towards.

> I would posit that the most effective case to be made in this country
> (other countries will need different tactics) is to push for the
> following:
>
> 1) All government bodies should only use technologies for which file
>    formats and network communication protocols are open and
>    documented.

> 2) Preference should be given to technologies for which there are
>    multiple vendors, helping better position future government
>    purchasing tactically and avoiding vendor lock-in and price
>    gouging.

> 3) Preference should be given to technologies for which there is a
>    case to be made that local industry can benefit, and that import
>    replacements can be reduced, helping improve our balance of
<    trade imbalance.

Agree all around. How about suggesting an alternative like this:

17A. (1) A public authority must, in making a decision about the
         procurement of computer software for its operations,
         have regard to these principals:

17A. (1a) a public authority has a moral obligation to strongly
          prefer technologies and products for which all
          protocols, structures and formats are completely and
          accurately documented and that documentation is
          available to the public without restriction; and

17A. (1b) technologies should be preferred if they are available
          from multiple independent vendors, and requirements for
          technologies and products should as far as reasonably
          possible be laid out in terms of functionality rather
          than brands or individual products; and

17A. (1c) technologies should be preferred if they include an
          Australian component, and particularly substantial
          local creative input, or their adoption would
          favourably influence Australia's balance of trade.

Not sure whether to explicitly state in (1a) that source code counts as 
implicit documentation, or rely on people having brains in exchange for 
keeping the wqording simpler.

> Note, FOSS was not even mentioned.

Aye, no target to shoot at, no zealots to castigate. And any attack will 
have to be considerably more subtle, especially if we can subtext the 
discussion of each point with its advantages. Is there such a thing as 
a comment field for legislation, or do we have to rely on people 
looking up Hansard or the like?

Who do we send things like this to? I've CC'ed a copy to Ian's official 
Democrat email address, if either he or anyone here knows of a better 
palce to send suggestions, please squeak up! (-:

Cheers; Leon

-- 
http://cyberknights.com.au/     Modern tools; traditional dedication
http://plug.linux.org.au/       Committee Member, Perth Linux User Group
http://slpwa.asn.au/            Committee Member, Linux Professionals WA
http://linux.org.au/            Committee Member, Linux Australia