AU Democrats take open-source legislation to Senate

Australian federal politicians will soon debate proposed legislation that will make open-source software the first choice for Commonwealth departments and agencies.

Australian Democrats senator Brian Greig has announced his intention to introduce a private members' bill into the Senate that may see federal agencies forced to justify their expenditure on proprietary software.

"It would be a bill that would require departments to look at open source when assessing their IT requirements and if they do or don't choose open source they should have to justify it," said Greig.

He said government departments aren't currently giving consideration to open-source software "in any serious way". He added that it made little sense to spend money on proprietary software when open-source alternatives "may be perfectly adequate".

According to Greig, the introduction of a similar bill in the South Australian parliament last month by Ian Gilfillen, his Democrat colleague, had whipped up a flurry of lobbying activity unprecedented in Australian state or federal parliamentary history.

"The case, as I understand, is that Microsoft has lobbied government ministers and bank benchers in South Australia, which is really quite an extraordinary outcome given that we're talking [about] a private members bill for a minor party.

"I think what that illustrates is the concern that proprietary software companies have about the issue of open source getting exposure," Greig said.

Late last month, the Initiative for Software Choice (ISC)--an industry group representing Microsoft and range of other technology companies--wrote to South Australian parliamentarians asking them to vote against the bill.

Later reports quoted spokesperson for ISC Mike Wendy as saying that the bill discriminated against US software companies and flirted with the possibility that it could be raised in trade negotiations.

However, Greig accused multinational software companies of using scare tactics to protect their interests.

"The knee-jerk arguments against open source by multinational software companies is based on self interest and designed to create fear, uncertainty and doubt," said Greig.

"Our proposed bill will be calling for open source and free software to be considered on merit along with all other options when the government is making its purchasing decisions," a spokesperson for Greig said. "We're not advocating anti-US or anti Microsoft."

Microsoft told ZDNet Australia  it was unable to provide a spokesperson to comment on the bill at the time of publication. The company today indicated that it was unwilling to provide and comment on the matter.

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Talkback 12 comments

    What's Microsoft going to say? MICROSOFT: We don't think it's fair for government departments to have to justify why they are spending big dollars on our software, instead of using cheaper, suitable alternatives like Open Source. RememRodd Clarkson -- 04/07/03

    What's Microsoft going to say?

    MICROSOFT: We don't think it's fair for government departments to have to justify why they are spending big dollars on our software, instead of using cheaper, suitable alternatives like Open Source.

    Remember, while Microsoft makes a lot of noise about OpenSource having a greater TCO than Windows, they've only been able to produce a single paper, that they paid for themselves, to suggest that they are telling the truth. And this paper showed that Microsoft was only just better value for money than Linux in four out of five cases.

    Compare this to the mounting piles of both official reports from governments, business and industry bodies, along with the mountains of circumstancial evidence that suggests that not only is Linux cheaper to buy, it's cheaper to run and it works.

    I want to know why my government is paying for expensive proprietary software instead of using Open Source software. If Linux is good enough to run 14,000 desktops in Munich, I'm sure it's good enough to meet my governments needs.

    I welcome any legislation that would force departments to justify their choice of software, rather than just saying "We think this is best".

    It looks like Australia is going to get a visit from Microsoft's official spokesmen on this issue, Darl McBride (currently on his way to Japan hoping to dissuade Japanese corporations from assembling a pro-Linux group) Chris Sontag Blake StAnonymous -- 05/07/03

    It looks like Australia is going to get a visit from Microsoft's official spokesmen on this issue,
    Darl McBride (currently on his way to Japan hoping to dissuade Japanese corporations from assembling a pro-Linux group)
    Chris Sontag
    Blake Stowell

    And probably Steve Ballmer (Ballmer will subsequently sell several million shares meeting and will vociferously, categorically, absolutely, phlegmatically and in a spray of sputum and spittle befitting the finest Shakespearian actors deny he knew of any Aussie plans to shift from MS to open source.)

    What is MS so stirred up about? All what they are proposing is to give everyone a fair shake. Open Source software has no licensing cost, so what is wrong with checking it out if it can do the job? MS is getting paranoid for some reason and everyone is woAnonymous -- 05/07/03

    What is MS so stirred up about? All what they are proposing is to give everyone a fair shake. Open Source software has no licensing cost, so what is wrong with checking it out if it can do the job? MS is getting paranoid for some reason and everyone is wondering why. This is getting one Co.after the other to look into Linux to save themselves some money. As Linux get more attention from businesses and goverments, OEMs get intriged to offer and support linux making MS more worried and concerned.
    If MS is right and they are sure of themseleves, why should they worry or care. In this case, goverments will find out that Linux is not worth it and wont be adopted. But it seems like every institution tries out Linux, they are sticking with Linux and the wedge is driven deeper and deeper. Good luck MS!!!

    correction the "after the" somehow got dropped in the talkback, capitalized below. (Mirroring the Munich situation, Ballmer will subsequently sell several million shares AFTER THE meeting and will vociferously, categorically, absoDilip Kumar -- 05/07/03

    correction
    the "after the" somehow got dropped in the talkback, capitalized below.

    (Mirroring the Munich situation, Ballmer will subsequently sell several million shares AFTER THE meeting and will vociferously, categorically, absolutely, phlegmatically and)

    I STRONGLY recommend that the Writer/Sponsors of this bill take the time to emphasize the importance of Open (i.e., no Vendor lock-in) Data Storage/Data File formats. Many FOSS bills in the USA have focused on "TCO", which is very prone to Rick Stockton -- 05/07/03

    I STRONGLY recommend that the Writer/Sponsors of this bill take the time to emphasize the importance of Open (i.e., no Vendor lock-in) Data Storage/Data File formats.
    Many FOSS bills in the USA have focused on "TCO", which is very prone to distortion. (Examples: use the optimal time period for the proposed license and rape the taxpayers on the subsequent maintenance maintenance/upgrade agreement; and/or claim FLOSS "training costs" and "migration costs" sufficient to turn every desktop user into a C++ coding guru; and/or propose that EVERY desktop device needs the capability of running every Windows-proprietary application currently in use by the agency. Most of the USA bills which focused on TCO have failed, due to the claim that other bills "already require purchase managers to minimize TCO". I feel that the claim is not really true, because most IT managers within Government are rewarded with a higher pay grade by being responsible for the spending of MORE taxpayer money, not less. But such laws do exist, allowing this claim can be made, and the bills are frequently defeated (or sent back to 'commitee' forever) on this basis.In contrast, no one has introduced a bill which states a requirement to keep the public's data within a format which is completely documented in public. (Data Format information released to the Government under any restructions is NOT adequate, because FOSS Developers cannot obtain/use that documentation without restriction.) Your bill could require or state a strong preference for software which uses openly documented data formats unless NO VIABLE ALTERNATIVE EXISTS.These issues are discussed with great skill in the famous letter to Microsoft by the Peruvian Congressman DR. EDGAR DAVID VILLANOVA NUÑEZ ( an English translation is available at http://www.opensource.org/docs/peru_and_ms.php ). I will make a particularly relevant quote:
    "...for software to be acceptable for the state it is not enough that it is technically capable of fulfilling a task, but that further the contractual conditions must satisfy a series of requirements regarding the license, without which the State cannot guarantee the citizen adequate processing of his data, watching over its integrity, confidentiality, and accessibility throughout time, as these are very critical aspects for its normal functioning."The future integrity and accessibility of the data is SEVERELY compromised by any software which locks that data into a secret, proprietary "lock-in" format.I feel that your bill would be more effective and likely to pass if focused on this issue for 3 reasons: (1) this issue is probably NOT currently written into any other procurement law; (2) it correctly represents the most important IT data issue for the public (the management and availability of the data itself, rather than the "TCO" of the software); and (3) proprietary vendors are not "locked out" of fair competition, all which is required to compete is complete and public documentation of the data storage formats.

    That was hard to read: Sorry! I used html tags for paragraph breaks and bold text. ZDNET AU obviously prefers plain text, and doesn't provide a preview.Anonymous -- 05/07/03

    That was hard to read: Sorry!

    I used html tags for paragraph breaks and bold text. ZDNET AU obviously prefers plain text, and doesn't provide a preview.

    Hello from Australia: this post is aimed at "furriners". This bill is about as good as we could hope to get passed. The FUD will carry much greater weight against it that it should, especially in light of having been identified and defLeon Brooks -- 05/07/03

    Hello from Australia: this post is aimed at "furriners".

    This bill is about as good as we could hope to get passed. The FUD will carry much greater weight against it that it should, especially in light of having been identified and defused up front.

    There is also the possibility of one or the other major parties (Liberal (which means more or less the opposite of US "Liberal")/Labor (yes, correct spelling of the party name even in Oz)) killing it in favour of one of their own bills.

    Despite this, we're gunna have a go and see what happens.

    This bill is related to but not identical to the State bill in South Australia.

    Cheers, mate! (-:

    Also, public software needs a public proponent. The proprietary suppliers can blow their own trumpets (and do, loudly), but how can software without a powerful corporate backer get a look in? This isn't a complete solution, because it allows a sLeon Brooks -- 05/07/03

    Also, public software needs a public proponent. The proprietary suppliers can blow their own trumpets (and do, loudly), but how can software without a powerful corporate backer get a look in?

    This isn't a complete solution, because it allows a small software supplier who is *not* proposing Open Source to fall through the cracks, but it is a beginning because the majority of small suppliers will now be able to use Open Source as a positive differentiating factor against the behemoth consultancies all blindly advocating MS because of the political support MS offers them.

    Rick Stockton brings up excellent points, I am sure they come from experience.But the fact of the matter is, it all boils down to saving money since it has the strongest impact on politicians. Lock-in all around cost money. Maintenance, upgrAnonymous -- 05/07/03

    Rick Stockton brings up excellent points, I am sure they come from experience.But the fact of the matter is, it all boils down to saving money since it has the strongest impact on politicians.
    Lock-in all around cost money.
    Maintenance, upgrade, support cost money.
    Outages, putting off fire, weak performance Cost money.
    etc...

    You are right about emphasizing these issues but their cost factor must be emphasized more.

    In regards to Leon Brooks joke about "furriners". Open Source knows no boundary. It is very novel thing. I guess what we are trying do here is volunteer our experience for the good of the people down under in particular and the wolrd population in general. Sorry if (we!) sounded like intruding!

    Covering all bases can only help against the FUD and everything else they can come up with. So Good luck and hope you succeed.

    An ***excellent*** bill by the Aussies! I'm from "across the ditch" in New Zealand, and the MPs here are just **PATHETIC** in the way that they cosy up to proprietary software. Anyway, there is a seminar in early August here (for a boAnonymous -- 06/07/03

    An ***excellent*** bill by the Aussies!

    I'm from "across the ditch" in New Zealand, and the MPs here are just **PATHETIC** in the way that they cosy up to proprietary software. Anyway, there is a seminar in early August here (for a body called "Govis" (Givernment Information Systems), and "surprise, surprise", there's a Microsoft rep speaking there. I'm wanting to ask that rep one question - "If open-source / Linux is so bad, why has IBM spent 2.9 BILLION US dollars on an automated chip-making plant that uses Linux to run it?" .
    Cheers - bye for now ! :-)

    I'm Brazilian, and I wish good luck to Australia and to Senator Brian Greig. The world needs more legislations like this one.S0m3 0ne -- 08/07/03

    I'm Brazilian, and I wish good luck to Australia and to Senator Brian Greig.

    The world needs more legislations like this one.

    Great - now every gov't department is going to have some teenager running around with a penguin shoved up their arse shouting 'Linux R000lzz...' I can just see it - the public service sitting on their arses wondering what to do and some **** telling Anonymous -- 28/02/04

    Great - now every gov't department is going to have some teenager running around with a penguin shoved up their arse shouting 'Linux R000lzz...'
    I can just see it - the public service sitting on their arses wondering what to do and some **** telling them they can't do their job because another department is using an incompatible Linux distribution with the wrong set of libraries and the wrong kernel version.

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