Tim O'Reilly Bashes Open Source Efforts in Govt 681
There's a tremendous difference between what government should be allowed to do and what individuals should be allowed to do. O'Reilly is attempting to blur the distinction, a common rhetorical tactic but one which does not advance his argument. As far as I can tell, his only argument besides this is that if the citizenry pushes for the government to use Free software, companies will push back to use proprietary crud. This argument doesn't hold water - every company selling proprietary software is lobbying the government all the time, have been for years, and they aren't going to stop just because we do. CNet carries news today that Microsoft has pressured the NSA to drop development of Security-Enhanced Linux. I can only imagine what sort of pressures might have been brought to bear behind the scenes, perhaps Microsoft threatened to cancel the NSA's site licenses of Windows and Microsoft Office. But in any case, there's no such thing as "mutual disarmament" - if we back down we'll just get smashed by the continuing efforts of companies pushing proprietary software.
But back to the government/individual distinction. Individuals, for instance, shouldn't be required to disclose their private papers to anyone who asks. But government should: that's the foundation of our freedom of information laws, and they exist for a good reason - keeping an eye on government is a necessary thing. Saying "People should be free to keep their papers private" as an argument against government FOI laws is just a stupid strawman, unworthy of further debate. And that's what O'Reilly's argument against California's proposed law is as well.
Governments play by different rules. They need to be fiscally responsible, transparent to the public, and promote the public commonwealth whenever possible. Using Open Source or Free Software in government promotes all three of these goals, and if Microsoft or any other corporation doesn't make quite as much money when the government alters its standards for software procurement... so what? Companies who make shoddy products do lose business when the government ups its standards, and they have the same choice as any business does: either produce better products, or lose the government's business. In this case the shoddiness comes in some of the most important areas as far as software goes: open access to the code, to ensure the software that we the citizenry pay for is doing what it is supposed to be doing, but the rationale would be the same if the government mandated a certain level of bug-free-ness or a certain level of performance for software - you can shape up and continue selling to the government or you can ship out. Your choice.
O'Reilly seems to be promoting the agenda of Microsoft's Software Choice campaign. He's a business man; perhaps there's a reason we don't know about. But whatever his motives, his lame arguments are no reason to stop pushing for governments to use Free or Open Source software wherever possible.
What bunk (Score:5, Insightful)
OpenSource will hurt developers in the long run (Score:0, Insightful)
If you want to be idealistic, OpenSource is great. If you want to sell your code or your programming services, OpenSource does not put food on the table...
Michael's finally gone over the cliff (Score:5, Insightful)
Seriously, Michael, this is really childish. Tim O'Reilly has done fantastic work for the community, including even publishing some of his company's books for free on the internet, and all you can think to do is make sly accusations about his "motives."
Grow up, Michael. People can disagree with each other without having to resort to implicit "He's bought off!" accusations. It happens all the time in the real world.
Hey Michael (Score:2, Insightful)
I mean, that would allow us to post replies and maybe discuss your position. Instead, we're sort of left with you commenting from on high. Then again, I notice that the /. editors almost never post unless it's to clear up something about /. itself (is that some sort of policy?).
Still, I think you should come join the rest of us if you want to editorialize.
Yes, governments play by different rules. (Score:4, Insightful)
However, there is no excuse for a government doing so. Governments are supposed to be more responsible than that -- and to require a drastic litmus test that completely ignores more important issues, such as "is this the best tool for the job given our budget", is arrogance and foolishness.
Re:OpenSource will hurt developers in the long run (Score:2, Insightful)
Re:OpenSource will hurt developers in the long run (Score:2, Insightful)
Open source allows developers to fine tune applications for their clients, If I am X company I would be more likely to hire a developer who could rewrite and retune an applicaiton because its open source. If I am Y company locked into closed source I am not likely to hire a developer because what can he do for me?
Gawd Mike! (Score:5, Insightful)
There are lots of programs that people are familiar and comfortable with and there should be no law mandating that they can't use them. You shouldn't criticize these guys [slashdot.org] until you stop doing the same thing.
Burnt Karma keeps me so warm...
Re:Hey Michael (Score:3, Insightful)
Re:Michael's finally gone over the cliff (Score:5, Insightful)
Methinks someone did not read his other writings before speculating about motives.
*Sigh* (Score:5, Insightful)
Leave it to Michael to miss the point right under his nose.
Companies who make shoddy products do lose business when the government ups its standards, and they have the same choice as any business does: either produce better products, or lose the government's business.
Sheesh, Michael, READ YOUR OWN FREAKING WORDS. Yes, that's the way it should be done. But that's not what we're talking about. We're talking about "affirmative action" for software. Screw using the best solution, we're going to require open source whether it's the best solution or not.
If you want to advocate that all government DOCUMENTS must be in an open format, then that's a reasonable stand most people can get behind.
But to argue on the one hand that Government should be required to use open source no matter what, while on the other hand arguing that the government should always use the best products is nuttiness as best, and idiocy at worst.
Re:OpenSource will hurt developers in the long run (Score:5, Insightful)
Re:What bunk (Score:4, Insightful)
While I agree that the government needs a certain level of transparency, I don't think that this transparency should filter down to every level of their orgainization. Does the public have a RIGHT to know the government's network infrastructure? Does the public have a RIGHT to know what data is on every civil servant's hard drive? I think not.
Requiring complete transparency is not only highly impractical (think of the cost to the taxpayer)), but it is also unnecessary. Within the bounds of law the government should be able to do what they need to do to get their job done. If that means using Windows or Office or some other proprietary software so be it.
What are you talking about? (Score:5, Insightful)
Actually, he's advocating using the best tool for the job, and that zealous fanatics that insist on using Open Source everything will get us nowhere. Your implications that O'Reilly is being paid off by Microsoft are childish, to say the least. What article have you been reading?
Software vs. Storage Format (Score:5, Insightful)
However, I *do* think it's important to focus on the format of the public data. Anything that is public property should not require proprietary software to access. I shouldn't have to buy MicroSoft products to read public documents.
Looking at it from that angle, Open Source is just one aspect of the solution. Documents could be produced in text, postscript, pdf, html -- there are plenty of formats with free readers (accessors) - which I think is the important part. That way, those creating the docs can use whatever tools they feel are best for the job, but those reading the documents aren't locked into those same tools.
Let's put our OSS money where our mouth is.... (Score:5, Insightful)
It was the services that I was able to provide to the Corps that mandated inclusion of Linux into our infrastructure. I was able to more with my open source tools than the NT guys could with theirs.
I would not have wanted this box here by any method.
If you believe that Open Source can trounce proprietary methods based on its merits then you need to be against mandating Open Source.
All we need is a Microsoft disciple being FORCED to use OSS and being turned off forever. That converts no one.
A sad story. (Score:2, Insightful)
First i have a hard time believing that the NSA didnt read and interpret the GPL license before they begun.
And where has those complaints been coming from? I cant see any other company that would suffer from a secure linux effort other than Microsoft. I would love to know just what happened behind the scenes and how high up this went before it got ugly.
Considering the amount of work they spend on helping people to secure Windows the GPL should be a non issue unless politics and probably some very influencial people are behind this.
Its a real ugly battle and i do hope the real story gets out soon.
Re:Michael's finally gone over the cliff (Score:5, Insightful)
If michael's "every action implies an ulterior motive" theory were correct, we'd have to wonder what his ulterior motive is. Does michael perhaps have some vested interest in promoting open source, like for example drawing a paycheck from a company that is associated with open source? Yes, of course he does. Sellout! Astroturf! The sky is falling!
Get real. O'Reilly is taking a principled stand, knowing that it will alienate many of his friends. I respect him for that. By contrast, I have no respect for michael's ad hominem attacks.
O'Reilly MIsses the boat...again (Score:4, Insightful)
his is not about OSS / FSS software on anyone. Its about transparency in the government -- about the people's right to know.
The people have the right to know exactly what source code the government is using to protect them. We have the right to know what code protects our privacy in, for example, records which are ruled sealed.
Lets say that your daughter's molested and a trial occurs, in which she testifies. For her protection, her testimony is sealed; if an electronic copy is made, it is cryptographically sealed. If this is done using proprietary software, we the citizens have no way of being assured that it is really secure. If the software used to do that is OSS / FS, then we can check and make sure.
This is a somewhat important example, but the same principal applies to even trivial things. We, the citizens, have the right to know exactly how the software our government is using works; at least where it pertains to us.
Obviously, military top secret stuff is different; though it certainly need not be based on proprietary technology -- nothing prevents the military from modifying OSS / FS software and then keeping those modifications secret within the division. As that doesn't really count as distribution; i.e., in house modifications are not considered "distributed". Its only "distribution" when you make it available to the general public.
That is why the government mustI use OSS / FS, because of our right to know.
An additional benefit is cost-effectiveness. Our tax dollars pay for this stuff, and in almost all cases, OSS / FS is a cheaper solution, both in terms of initial price and total cost of ownership.
I don' t want my data locked up (Score:3, Insightful)
He seems to skate over this and just characterize any policy for open source as arbitrary prejudice.
Openness in requirements is important, just don't forget what the key requirements should be.
Government Requirements (Score:2, Insightful)
Documents should be available in non-proprietary formats, and documents required to be submitted to governmental agencies should not be forced to have to be in proprietary formats. This should be a basic requirement for our governing bodies at the federal, state/commonwealth, county/parish, and city levels.
If proprietary software should have to compete to meet these obligations. The smart way to insert open source software components is not to claim that open source is inherently better (even though it obviously is), but to show how open source meets the standards of an open governing system.
Closed systems are too often present at all levels. I can understand that scholarly journals may have requirements that manuscripts be submitted in the word processing format of their choice and on the preferred media of their choice. Those are just the rules of the game you have to play if you choose to publish in peer reviewed journals. At least the mathematical journals accept LaTex. And some printing services prefer Quark files for their layout services. That's their prerogative. However, all citizens have to interact with their governments at time. And the gov't ought not to impose the requirement that anyone wishing to submit proposals under requests for proposals or wishing to submit legal documentation be required to use proprietary data interchange formats. Proprietary formats require the use of proprietary software which may cost some citizens too much. It is not just for a government to keep some of their citizens out of the game.
And this lack of justice is the key reason that open formats should be used. And the fact that open source software can best meet the usage of open formats is the best reason that open source software ought to be used.
FUD, much? (Score:5, Insightful)
O'Reilly makes a *very* important point about forcing governments to use Open Source software: it's morally reprehensible. Quoting from a letter sent to Tim, "If you feel you have to coerce people, it would be better to force them to increase their disclosure. Require officials to document their acquisition critieria, require companies to publish their licensing policies, insist on use of open file formats for publicly accessible documents. That is, increase the flow of information and the range of choices, rather than trying to decrease them. That's what Open Source is supposed to be about - increasing choices, right?"
Moreoever, your criticisms against Tim are as sophomoric as they are transparent:
1."O'Reilly seems to be promoting the agenda of Microsoft's Software Choice campaign. He's a business man; perhaps there's a reason we don't know about." His manner employment is irrelevant - attacking an argument that calls into question the "slippery slope" of using legislation to force a particular subset of software upon a goverment on the grounds that the author of the argument is a businessman is an ad homimen fallacy, not a substantial critique.
2. "Saying "People should be free to keep their papers private" as an argument against government FOI laws is just a stupid strawman, unworthy of further debate." Ok, agreed. Where does Tim say this? Where does this quote come from? The argument O'Reilly has against forcing the government of CA to use Open Source software is that "any victory for open source achieved through deprivation of the user's right to choose would indeed be a betrayal of the principles that free software and open source have stood for" - a point that is very different from some claim to a person's right to privacy.
3. "Governments play by different rules. They need to be fiscally responsible, transparent to the public, and promote the public commonwealth whenever possible." I argue that the public commonwealth is best promoted by protecting what O'Reilly calls "Freedom Zero": "the freedom to offer your work to the world on the terms that you choose, and for the recipients to accept or reject those terms." When you start to force *any* entity to use software, you're violating what I perceive to be one of the fundamental principles of the Free software movement.
4."Whatever his motives, his lame arguments are no reason to stop pushing for governments to use Free or Open Source software wherever possible." Pushing for governments to use Free/Open Source software is fine, but O'Reilly's "lame arguments" boil down to the simple notion that "This last temptation is the greatest treason: to do the right deed for the wrong reason."
Although I've come to expect the mentality of least resistance here at
As Fight Club said, "sticking feathers up your butt doesn't make you a chicken." Thanks for the proof, Michael.
Re:What bunk (Score:5, Insightful)
In other words, stay away from the
Open Source is already in the Government (Score:1, Insightful)
The government, as explained in Micheal's text, needs to account for its spending and show transparency...it cannot favor *anybody* or any *product* without justification. Therefore, it is only logical that at this time we find Open Source being used in the Research and Development areas of the government where the flexibility and COST of Open Sw gives it an undeniable advantage.
Re:O'Reilly MIsses the boat...again (Score:2, Insightful)
So if the paper copy is kept in a file cabinet, do we have the right to know how the lock works on the file cabinet? Do we have a right to try to break into said file cabinet? Should we really lobby the government to outlaw the use of any file cabinet that's not home-brew with published blueprints?
What about all the software a government might need that doesn't have a good open-source alternative? Should we require a government to limp along using software which isn't appropriate to its needs? Should we drive out of business all the companies that make cheap, good, proprietary software for government use? Do we really need to publicly shame decenting voices within our own community, labelling them pro-Microsoft zealots with a hidden agenda? That'll make open-source real popular....
Re:What bunk (Score:4, Insightful)
Imagine if the military was buying a few thousand jeeps. They had two choices. Company A had the superior technology, but Company B's jeep was satisfactory. Company A required them to sign a license that said they were not allowed to open the hood of the jeep because everything under the hood was a trade secret. Meanwhile, Company B provided them with a full manual and even CAD data for every part of the jeep. Which jeep should the military buy?
Clearly, the best tool for the job would be the one built by Company B -- precisely because of the license and openness.
Should Congress pass a law requiring all federal government to use GPL software? No. Should the federal government be required to take into account hidden expenses down the road due to license issues? Yes. Should the federal government take into account security and access to public information that is held in trust for the American people? Yes.
I imagine this sort of thing is already going on in agencies where security is a big concern -- I doubt the CIA uses much closed-source software bought off-the-shelf, without getting some sort of special source license.
Re:He's wrong... (Score:3, Insightful)
Or could it possibly be that he has an honest viewpoint that happens to be different from yours? I agree with him, and I certainly haven't received any payoffs from Bill.
Re:What bunk (Score:4, Insightful)
Well, first of all you're red baiting. How does communism even come into this? The Federal government is not a free enterprise operation, it is a *government*.
Secondly, there are definite benefits to the tax payers if the government restricts it's self to open source software. Should governments spend tax dollars to buy closed, proprietary applications that lock the people's data into tightly protected formats? They might as well just hand the keys for their offices over to Microsoft.
Lastly, where is this competition you were talking about? Microsoft owns the software industry. If they want a market they take it. There isn't any competition, just business Microsoft hasn't undermined and destroyed yet.
Transparency *is* needed (Score:5, Insightful)
I realize this is a rhetorical question, but, using the justification of those monitoring *my* communications at work, I would say the answer is a most definite yes, particularly to the first question.
The arguments of "state secrecy" are only defensible if a) we don't care what our government does or b) we don't want to know what our government does. As I spend the first five months of every year supporting an organization that allegedly functions in my interest, I feel I have every right to know--at every depth, well beyond FOIA--what that organization is doing.
Now, you talk about the cost to the taxpayer, but when you're spending billions on things that blow up (where's the ROI in *that*?), that argument is shaky at best. I think the infrastructure could be refitted at the expense of a few less missles, while eliminating the secondary (Microsoft/Oracle/IBM) tax of proprietary software.
O'reilly called Peru "great theatre", which makes you wonder just how commited to openness he is--they expect accountability out of their government down there. By taking this stand, he seems to imply that doin' bidness should take precedence over the REAL openness of a people demanding that their government not take corporate payoffs in software contracts, etc.
Government != individuals (Score:4, Insightful)
The question is whether it is good public policy to make free software licenses mandatory in public procurement. This is a debatable matter, but one principle is clear to me, at least: a private individual may freely dismiss the effect of his actions on the public good, but a public servant has a higher obligation to work for the good of the public.
Have to agree.... (Score:2, Insightful)
However I do understand the angst in the Open Source community against Microsoft, Palladium, and bad legistlation like the DMCA. The real question is should we allow ourselves to become as ruthless as companies like Microsoft who squish, crush, and steal from anyone who even remotely looks like a threat?
Does the Open Source Community really want to become what it despises or is it really a last ditch effort at survival?
Myself, I am trying to adopt the "agnostic IBM" view of the world and give people the best tool for the job, which usually offers a good blend of Open Source and proprietary software. I have learned a lot from watching IBM and, just by IBM "giving customers a choice" as opposed to ramrodding solutions, they have become Microsoft's enemy #1.
One important thing that Open Source/GNU/Linux has going for it, is the mere fact "it's cool". Also, chicks dig that cute little penguin because Tux is sooo cute.
Microsoft is currently not envogue or cool, except for maybe the XBOX, which I refuse to buy until it can run Linux. Let's face it, Bill Gates (the lead software architect of Microsoft) can't even explain their coolest product called ".NET" which doesn't even have a cute animal to represent it. In fact, ".NET" sounds downright anti-cute and anti-environmental.
Personally, I think if Bill Gates had any ballz, that he would quit Microsoft and start a new company that competed agaist Microsoft and introduced even more chaos and choice into the market.
Speaking of choice, I went down and looked at the new Apple Mac this week. That dual processor beast with the 16:9 aspect ratio LCD panel is just incredible and it even comes with all my favorite UNIX tools installed. I was so WoW'ed that I might buy one soon; WHY? because the Mac is now a mix of proprietary and Open Source which "GIVES ME A CHOICE!" and a darn good looking hardware solution wrapped in clear acrylic.
Re:Michael's finally gone over the cliff (Score:5, Insightful)
Mikey is just a kid, his actions and writing bear testiment to this.
In my mind, Tim O'Reilly is rapidly becoming the voice of reason in open source. His writing displays a thoughtful touch for both the content and the presentation.
Re:What bunk (Score:5, Insightful)
Open source isn't whats needed (Score:5, Insightful)
1. Software must store data in an open patent/royalty free standard format and be useable by any other software.
2. Software that must interoperate, should be able to do so without preference to a specific vendor. i.e. follow open and patent/royalty free communication standards.
3. Software, depending on its application, must be demonstratedly secure by:
- making it the law that a security flaw for software running on government systems must be fixed (no: "but you can buy our new later version full of features you don't need")-- for a reasonable fee if appropriate.
- a vendor shall be liable for refusing to disclose vulnerabilities their software has that have not been addressed in a timely fasion.
- having been the subject of independent review and analysis.
4. Portable software that is available on more than one platform must be given precedence over software that can only operate on one platform.
5. Companies who fail to support software, or refuse to or have gone bankrupt, should in their contract have clauses that force the code to their software made open-source so that the goverment may have somebody else support their system.
lame considered harmful (Score:4, Insightful)
Anyone who has spent any time listening to the Technetcast archives will know that Tim O'Reilly is not someone you discard just because they are saying something you don't want to hear. He has better open source credentials than 99% of the people who will weigh into this discussion, even if we darkly suspect he is feeding his family on the side. I've done nothing in my life as a computer programmer to compare with what Tim has contributed.
And Tim is making a point here which is 100% correct. The label "open source" is not an acceptable substitute for what we are really trying to achieve. If it did happen that governments such as Peru enacted these policies, it would certainly be a victory for accountable government and the democratic process (at least between the state and its citizens, which is NOT the sum total of what democracy requires).
The lame argument here is the last paragraph of the slashdot submission. I know exactly what lame means in that paragraph: "I don't want to think that hard about difficult issues, so chalk it all up to hidden agendas, name the villians, and move along". If Tim O'Reilly's open source credentials are subject to this kind of aspersion, whose only sin so far is to give serious consideration to the political reality of taking an immoderate stance on the traditions of goverment since America was founded, there isn't a business person alive whose integrity means anything at all to the open source community.
Sure it's annoying to see Tim throw out these unpleasant thoughts half digested. But that's what he does: he creates forums for really smart people to think and speak about difficult issues.
I don't know the right answer to this question. The problem is too difficult to think through in one day, or even one year.
We need a notion along the lines of "government product" which encompasses everything they do on behalf of the public (memos, e-mail, publications, databases, registries, etc.) and mandates that all of this goverment product is fully exposed in representations supported and validated by freely available, open source code. Once you have this in place, the open source community can implement every system of government, and then we need to win the arguments over cost justification of taxpayer dollars. And maybe at the end of the day we find we are actually doing the right things for the right reasons after all.
I know that many people in this forum won't get past the fact that Tim has said something ugly. For those of you who sometimes stop to think about the unpleasant, this is one of those times to step back, take a hard look, and admit that the world doesn't always offer the easy paths we'd prefer to follow. Tim had the courage to do this, so should we.
Specifications, people. (Score:4, Insightful)
"Getting the job done" can mean more than processing a document. If you also require that you have open standards, the ability to check code for backdoors and security issue, and that your choice of software now doesn't lock you in to a particular vendor in the future -- are these not merely requirements which, like all other requirements you might have, result in some software not being eligible due to failing to meet these requirements? Restricting yourself to only those things which fullfill your needs is not insane, it is superlatively rational.
What you think using open source software has to do with making available the contents of a civil servant's hard drive I can't fathom, which is why I didn't really address that part.
O'Reilly is right. (Score:5, Insightful)
What the government needs to do is a detailed cost-benefit analysis for each major software purchase. Linux is cheaper to run in some cases, but the fact is, you need to retrain people to use new software, and they can often get bogged down if said software isn't of as high quality as the commercial software they were originally using. Microsoft Office has its annoyances, but is still (in my experience) generally a better office suite than Open/StarOffice.
Anyway, those are my thoughts. They decision shouldn't be made for government organizations. It should just be an educated decision made by engineers and regular users, as opposed to managers who have just been impressed by salesmen.
Re:What bunk (Score:2, Insightful)
It takes away any validity the term free/open source ever had.
I thought the whole point was to give people choice. Not to take it away...
Re:Transparency *is* needed (Score:3, Insightful)
I guess simple citizen privacy is too much to ask? This proposal deals with computer systems that carry all criminal and driver inquiry information used by law enforcement. Do you have a right to know every time someone else got pulled over and had a criminal history check run on them? Do you have a right to know every time law enforcement may have suspected someone of committing a crime whether they actually were convicted or not?
Worse yet, what do you think corporations would do with this kind of information available to them?
Hmm... Jim had his license plate run 3 times last week even though he never got a ticket, lets raise his car insurance rates.
There is already a huge black market in criminal history and similar information. Do you really think this information needs to be more available? It might be appropriate for state employees to fully understand the software and systems they work on down to the very last detail, and it might even be appropriate for taxpayers to know something about how the government systems are run, but making everything the sysadmin knows (including crypto keys and honeypots) available to the pulblic for every computer run by the government would be a titanic mistake.
Re:Gawd Mike! (Score:5, Insightful)
Not really. The biggest issue to me is permanence of electronic formats. I can't read things I wrote 10 years ago - papers, documents, etc, b/c I just cannot find a machine that can read their format (Word 2.0).
I think the government should use open source software wherever there is choice, and contribute heavily to open source development for applications where no good open source app exists. I think this because it ensures that the gov't software's security and interoperability can be verified by any interested parties. The data formats can be operating system agnostic. The software can work in all ways for the good of the people.
This is NOT a move against any companies - any company should be free to provide an open source solution to the government's problems. And, the government can either do its own security audit, or check the security with another independent company, or the same company. There is more than one way to do it.
Because, when it comes right down to it, do you trust current properietary software to secure our nation's secrets ?
Re:What bunk (Score:3, Insightful)
Certain types of information, witheld for purposes of national security, are what we call classified. Beyond that category, the answer is yes. Otherwise there's no accountability for state expenditures, which is precisely what happened in California with the Oracle debacle.
Does the public have a RIGHT to know what data is on every civil servant's hard drive? I think not.
You may think not, but try getting a job at the DOD and then try telling your boss that the data on your hard drive is sovereign. Your straw man argument aside, we're talking about the technology of the government's IT infrastructure, not its contents. The occasional pr0n on someone's PC is less obscene than its storage in vendor-controlled file formats.
Requiring complete transparency is not only highly impractical (think of the cost to the taxpayer)), but it is also unnecessary.
Being forced to upgrade software every two years to make the most of Microsoft's annuity licensing is practical? Paying arbitrary subscription fees every year is no cost to the taxpayer? Those upgrades (and the hardware need to support the bloatware) are necessary?
Within the bounds of law the government should be able to do what they need to do to get their job done.
That's the point of the proposed legislation: to set the bounds of the law. And your right: need should dictate state purchases, not frivolous spending on the most pervasively marketed products, which by nature tend to be sold well above any legitimate market value due to the artificial scarcity imposed on the customer. If the private sector if free to establish whatever policies it chooses for selling products and services, certainly the public sector should be free to set whatever policies it chooses for buying them.
If that means using Windows or Office or some other proprietary software so be it.
If a goverment agency needs compatibility with Windows or Office, it should contract developers to refine the filters for OpenOffice, improve the API compliance in Wine, or fund some similar free software project. This would be more responsible use of taxpayer funds than buying the same software every to years.
Re:"off the shelf" vs. "proprietary software" (Score:3, Insightful)
Anyways, you claim that if the software the IRS uses to determine audits were OpenSourced, people could scam the IRS, is absurd.
Think configuration files.
I.e., in psuedocode, a section of the program might say:
Conduct audit if:
income > x
AND
taxes paid y
Where the variables x, y, and z would be defined in a configuration file, which would not be released to the public.
Similar problems can be dealth with in a similar way. In either case, the problem isn't with the disclosure of the code itself, but rather certain key values. Its the difference between disclosind the encryption algorithm/software and disclosing one's personal key.
What do you mean about ASP pages? (Score:2, Insightful)
Re:What bunk (Score:4, Insightful)
Btw, it isn't necessary for governemnt to use open-source software to have a good license. The government just needs to outline what they want in a license, and then shop around for the best software that meets their needs. If Microsoft shrinkwrap software doesn't meet their licensing needs, then there is nothing preventing Microsoft from making a special license for selling software to government agencies. If the post office is needs to buy 10,000 white trucks, a truck manufacturer that specializes in blue trucks could easily make a special run of white trucks to satisfy a such a large customer.
The question isn't whether government agencies should take the license into account when acquiring software. The question is what should they be looking for in a license, and specifically, what are the minimum requirements in a license? And further, for a single government entity, what are the core minimum requirements that should be mandated to all subordinate bodies?
Some might say that there is no core minimum, but if you think about it, that's clearly not true. There are countless things that could be in a license that would be unacceptable to any government agency, but would be legal and acceptable to some consumers. For example, imagine a deal where you get a computer for free but the license says that the company providing the computer is free to scan any files on your computer and can sell or otherwise use any information they find.
If someone were to suggest a law mandating that all government agencies buy software without reading the license, that would be ridiculous. That would be opening us up to all sorts of problems with hidden costs and violations of the public trust.
Wrong reasons indeed... (Score:4, Insightful)
when unsound reason yields the best conclusion.
The consequences of legislation to require government agencies to purchase (Open Source|Free) software may be good or bad; I don't wish to make a case for either at the moment. I do think, however, that both Mr. O'Reilly's reasoning, and that of his correspondent, are flawed, and that both characterize the issue badly.
Government agencies are not individuals, with freedoms we regard as inherently worth protecting. Nor do they spend their own money; they spend the money of the people they serve, which in most cases is provided for them by the legislature representing those people.
When the mystery correspondent characterizes these laws as "criminalizing an official' s decision to buy commercial software", and when Mr. O'Reilly characterizes them as the "deprivation of the user's right to choose", they suggest that the people entrusted with the administration of these agencies have some right to spend tax money in the way that they see fit. They do not. Nor is having the legislature hand down policies on what goods agencies acquire anything like having the legislature forbid individuals to write or use P2P software (a comparison made by O'Reilly in the discussion forum). This is not about whether, how, and to what extent the government should regulate the software industry. This is about one way in which the Legislative branch checks the Executive branch.
O'Reilly's pragmatic points, though underdeveloped, are more interesting. Perhaps this is a matter of legislative micro-(mis)management. Perhaps these constraints would seriously impede the ability of many agencies to fulfil their responsibilities. Perhaps this would open up a fight with software corporations that we don't want, or can't win.
I'd much rather Mr. O'Reilly had developed these, as I think his argument from principle falls down flat. If we took it seriously, we'd have Congress able to give money to agencies, without any say in how the money was spent. Unelected officials without constraints on their spending isn't what most people mean by 'political freedom'.
Will someone help Tim pull foot out of mouth? (Score:3, Insightful)
Get any software you please from any vendor you please for your desktop workstations. If your computer isn't up to running it, we'll get you an upgrade, and don't worry about downtime, if you can't work while you're waiting, take some time off on us. If it won't talk to the other applications on our network, don't worry about it, it's our problem. Take some more time off on us while we fix it.
When a public policy position is this easily reduced to transparent (but not "Trustworthy") absurdity, it doesn't deserve to be taken seriously.
Any organization has the right to mandate the use of software matching certain specifications to ensure interoperability and a common environment so that any employee will be able to function on any workstation she is assigned to for at least basic applications like mail, office apps, etc. It just happens that in a government, such regulations and laws have the force of law because it is the government. Further, it also has the responsibility to both itself and to its customers to keep information it collects secure. It can best meet this responsibility by mandating the use of securable software. Microsoft doesn't make any.
Moreover, a government is in a special position with respect to legacy software and formats. Unlike most businesses, documents created 25 or 50 years ago must be accessible not only to government employees, but to the general public as well. When looking up a legal precedent and why it was made, one frequently has to go back 25 or 50 or even sometimes, 100+ years to look up what the courts and the legislators had to say about it. Does anyone think MS will be around in 100 years?
Government also has special requirements regarding security, it has many databases full of software it must maintain in order to function which are an attractive target for h4xx0rs. The CA state employee database which got hacked a few months ago. Allowing state agencies to pick insecure MS products in the name of "freedom of choice" is just not acceptable.
Finally, one other point that should have been obvious to Tim. The Open Source Movement has gotten big enough that it either must get political or get crushed. MS lobbying killed the NSA Secure Linux project despite the fact that MS makes no secure products of its own. What's going on with respect to laws being made by politicians 0wn3d by Hollywood that will destructively impact the Open Source Community is known to all of us with the remotest clue. Until I read what Tim said, I would have put him in that category.
We can no longer afford to follow our previous traditions of ignoring politics or pretending to be a political player via geektivism, which as Declan has said, must ultimately fail. Politicians listen to our presentations politely and with blank incomprehension, our people get the feeling of having made a difference, then they go back to their offices and talk to the lobbyists who speak to them in a language they do under$tand.
We either have to learn to play with the big boys... to compete in the political arena with Microsoft and Hollywood as equals or find ourselves locked out of the software market and ultimately, locked out of the ability to use our own computers in any manner not preapproved by MS and Hollywood.
While I support the Digital Software Security Act and will tell my CA state legislators to vote YES, the Open Source Community is going to get our collective asses kicked over this one unless it is willing to organize a PAC for the purpose of collecting our money to redistribute to politicians...
If you want access to politicians, you've got to pay for it just like everyone else who gets it does. That's a lesson we must learn NOW for our own survival.
Re:my thoughts exactly (Score:3, Insightful)
The argument should be whether requiring open source will benefit the public more than allowing closed source will. Basing the argument on the idea that the government somehow deserves freedom is ludicrous.
Your assuming (Score:2, Insightful)
What makes you think they don't? MS has licensed source for years.
Re:Mantra (Score:3, Insightful)
For example. Let's say that the government has created a new department, and this new dept. needs specialized software to do its job. Now, in terms of which software is most efficient for those gov't employees who will be working in this department, Software X from Closed Source Inc. may be the best of all the proposals, even better than Software G from Open Source Corp.
But is the employees' use of this software the end of it? No. The argument (I'm ambivalent on this for now, but this is apparently michael's view) is that the goverment has a responsibility to the citizens that gives them a clear, transparent view of what goes on in government offices. Even if Software X appears to work better (from the end-user standpoint), citizens have a right to know whether Software X really IS doing its job correctly, and not making subtle errors that will come back to bugger us ten years down the road. As a result of this responsibility, Software G may be a better choice, because it is open and transparent, even if it's some amount harder to use than Software X is.
PLEASE NOTE that I am not taking one stance or the other -- I am simply pointing out what the argument is, since so many seem to be oblivious to it.
Re:Mantra (Score:2, Insightful)
Michael overdoes it, but O'Reilly isn't perfect (Score:4, Insightful)
Many posts here keep mentioning that the government should choose its software based on whether it's "the best tool for the job". I agree. The problem is in the definition of "best tool for the job". Most of the anti-michael posts seem to think that "best tool" only includes one, or maybe two factors: the technical superiority of the software, and possibly its monetary cost.
There is a third factor, equally (possibly more) important in my view: The government's responsibility to make its work transparent to its citizens.
The government does not have any "right to choose" what software it uses on its own initiative. The government's entire existence is contingent upon the will of the people -- essentially, the government is a company whose board of directors is the American public. Its employees (individual government workers) are beholden to the company's policies -- they must use what tools it specifies, just like any employee at any company.
If the public decides that it wants more transparency in government work, then that is the public's will and the government's duty. If the public decides that one good way to get this transparency is to require open source software, then so be it. As a member of that Board of Directors, I get a vote in whether that happens -- although due to the rather byzantine legal processes of the land, it's only an indirect vote with a massive lag-time. Nonetheless, the government exists to serve its public, and must act according to its public's will.
I think O'Reilly has confused the rights of an individual and the rights of government. Namely, that the government has no inherent rights, except those granted to it by the people. His final comments begin to sound as if the government is being oppressed by such decisions, instead of enjoying the liberty that all humankind deserves.
The problem being, of course, that the government is not a person, and does not "deserve" anything. Saying that "no one should be forced to choose open source" in defense of a nonexistant government right is errant -- in other words, he is saying that we should not force the government to use particular tools.
Now, the idea that EVERY government software solution should ALWAYS be open source is not necessarily a good idea (it may be, it may not be, I don't know) -- but claiming that it is morally wrong because the government has a right to choose what it wants, is ludicrous. The government exists to serve the people -- it has no rights except those we grant it.
Re:What bunk (Score:2, Insightful)
Good idea. As soon as you get Microsoft and all the other big developers to stop lobbying and marketing to governments with deceptive or misleading tactics, we won't have any reason for a law like this.
The reason not to let each agency decide is because it's a crapshoot whether or not the agency has someone around who is *qualified* to decide. If they don't, they'll pick whatever has the prettiest brochure and the most friendly salespeople. And maybe the best fidget toys. Given an absence of expertise, this law would at least ensure that private citizens could say "Hey, wait! That program has this problem! You should fix it!"
What's wrong with being political? (Score:4, Insightful)
"radicalization" of the open source community.
It seems to be a libertarian axiom that freedom
and politics don't mix. I don't agree.
When a person refuses to engage in politics, all
he does is ensure that his voice is not heard in
the halls of power. The government is our
government as much as it is anyone else's, and
there is no reason why we should not strive to
have our values recognized and our concerns
addressed.
Some people have questioned the technical wisdom
of the California bill. They may have a point,
but it is orthogonal to my point.