Quoting Dean Michael Berris <[EMAIL PROTECTED]>:
Hi Manny!
On 9/20/06, manny <[EMAIL PROTECTED]> wrote:
On Thu, 14 Sep 2006, Dean Michael Berris wrote:
> Making government *impose* anything is a draconian way of running
> governments. It's like requiring everyone to wear white shirts *only*
> when in government offices -- the policy is not only silly, it is
> needless.
This is a clear example of a straw man argument. One makes a
misrepresentation of a position and then attacks the misrepresentation.
Quoting the final draft before the newest sent incarnation of the bill...
"6.2. Use of FOSS - The government shall apply only FOSS or FOSS
solutions, as
defined in section 4 of this Act, in all ICT projects and activities; "
If that's not an imposition of using only FOSS in government, then I
don't know what is.
This can also be held akin to the mandate that "any corporation that
should be placed in the country should be at least 60% owned by
Filipinos", or "all Filipinos should be paying taxes". That's the law
imposing limitations, but that's part and parcel of life.
Take note also that there are sections regarding A) Exceptions and B)
The Office on FOSS Migration.
Either you haven't read the bill or you are unbale to undertstand it. But
you have said that you DID read it, So the latter applies.
How much more clear can Section 6.2 be? It's like saying "Government
employees shall only wear white underwear in all agencies." -- silly
and needless.
This can also be construed to be saying that "Government employees are
mandated to observe the following measures in all agencies (insert
measures here), with the exceptions herewith (insert exceptions)".
Standard operating procedure that you could find in nearly every
organization. Nothing wrong there.
Read it again.
> I'm suggesting the other way around: let's prove that we can build the
> supply first, before we artificially hike up the demand.
The supply exists and is mor ethan enough.
I'm sorry, what are you talking about?! There are enough open source
developers/contributors here in the Philippines? Or are you talking
about users? Or firms that use Open Source technologies?
This isn't anymore a question of numbers. If these companies would want
to learn and employ FOSS, they are FREE to do so. It's their choice.
Now, since the bill proposes that government add more teeth for
standards, its these companies' choice IF they want to bid for
government projects by COMPLYING to standards, instead of imposing
THEIR own.
This is another silly delay.
What is a silly delay?
If you think supply is enough, can you give me at least 10 firms that
can support government when they finally adopt FOSS for every ICT
project it will undertake? Let's say the PAG-ASA weather modeling
project: you have enough experts and third party VAS providers? The
BIR system, you want it in FOSS too right... You know a firm that
already has FOSS solutions to replace whatever they have there?
Comelec: FOSS for elections that is fool-proof enough for the purpose
of a transparent and fast electoral system?
There's the SSS, GSIS, NTC, NCC, Napocor, PCGG, PagCor, PCSO, and the
list goes on and on... You're saying we already have enough firms that
can service all these government branches for the FOSS requirements?
Reality sucks no?
The same also goes that there aren't enough proprietary firms to
service them all, if we'd go by the fallacious argument that supply
isn't enough.
Take note that what the firms decide to sell is their choice. If they
want to sell proprietary stuff, they are still free to do so. However,
the bill proposes that FOSS be the standard licensing scheme for
government projects. These same firms can either a) choose to comply;
or b) choose not to bid for government projects. No one lost their
power to choose there. It's just the government asserting its rights,
like any day in the office.
The setting of requirements for government bidding is a right that
government enjoys, being representative of the sovereign will of the
people. The setting of requirements BY the government is done all the
time - if the contractor is the one that sets the requirements then
that's not anymore representative of the interests of the people, but
of the contractor.
--
Paolo Alexis Falcone
[EMAIL PROTECTED]
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