(if you're tired of this thread, well, there's always
the delete key.)

  as a followup to an earlier posting regarding the 
peruvian congressman who tried to enact a bill to promote
open source software in the national IT infrastructure, there
was one *important* point that may have been missed.

  that bill in no way prevented the consideration or
purchase of microsoft software.  what the bill *did* was to 
lay down some basic requirements for software that would
be purchased by the peruvian government.  it didn't name
any names, it simply stated what was and was not acceptable
in terms of general software attributes.

  the last several emails got me thinking about this, and
i sat down and dashed off a short piece that i'd been
thinking about for a while.  you'll see how this comes
back to the peru/microsoft issue at the end.  basically,
here's my take on the criteria one should use in evaluating
whether or not to purchase/adopt a vendor's software package.

---------------------------------

Open source
---- ------

  Despite the constant raving over open source, I don't think
having access to the source code is all that it's cracked up
to be, and I wouldn't necessarily make this a deal-breaker.

  Sure, it would be nice.  At the least, you could check the
code for spyware and Trojan horses, and possibly recompile it
for a different architecture.  But it's certainly possible to
be happy with decent, reliable closed source.  Consider NVIDIA
and their video card drivers; while open source fanatics carp
and whine about the closed source aspect, and granted it does
make it a bit inconvenient to install, I'd be willing to live
with it.  Because, quite simply, there are bigger issues ...

Open formats/protocols
---- ------- ---------

  *This* is a deal-breaker -- the fact that all of the software's
file formats and communications protocols be completely and 
accurately documented and publicly available.

  This requirement should not be open for negotiation.  Having
details of the file formats and protocols means you have at least
some chance of debugging if something is going wrong.

  In addition, if the company goes bankrupt and vanishes or
(God forbid) gets into a legal screaming match with you, you're
protected from having your precious data becoming suddenly
and completely inaccessible.

  It's also protection against forced, non-backward-compatible
upgrades, a favorite source of regular revenue.  As long as
you understand the formats and protocols, you always have the
freedom to take your data elsewhere.

  (And don't put up with arguments about how hiding these details
somehow results in more secure code.  Microsoft software is
the very definition of concealed, proprietary code.  And it
leaks like a freaking sieve.)

  Which brings us to the next critical requirement ...

Open interoperability
---- ----------------

  Associated with open formats and protocols, this means that
you should have the right to use or develop software that will
play nicely with the vendor's package.

  The software should, under no circumstances, contain code
or features whose only purpose is to prevent it from working
with other vendor's software.  If you're paying for the software,
you should expect the right to use it in conjunction with any
other software package that you want.

  Which brings us to the final deal-breaker ...

Open licensing
---- ---------

  (OK, this doesn't really have anything to do with the word
"open" but I was on a roll.)

  Using a little artistic license here, my idea of open licensing
is that the licensing terms for any software should be written in
clear English, and it should be publicly available for examination
before the purchase.

  You should, under no circumstances, have to sign an NDA or
agree beforehand to *anything* just to know what the licensing
terms are.  This, by definition, disqualifies EULAs that are visible
only after you tear open the shrinkwrapped box.

  In addition, regardless of whether the licensing terms represent
a sale, a lease, a subscription or any other form of use, those
terms should not be changeable arbitrarily by the vendor at any
time.

  And, finally (and related to interoperability), you should just
say "no" to any software whose licensing terms attempt to dictate
what is and is not acceptable use of the software.  No vendor should
have the right to tell you (beyond what are reasonable licensing
rules) what you can and can't do with the software.  Witness, for
example, Microsoft's amusing clause in the FrontPage EULA which
stated that you can't use that software to develop web sites that
make derogatory comments about Microsoft.  That sort of restriction
should be grounds for immediate disqualification from consideration.

------------------------------------

  and that's the criteria.  from memory, this is vaguely
similar to what the peruvian congressman was promoting.
and when the microsoft peru rep complained that the proposed
bill disqualified consideration of microsoft, the congressman
quietly pointed out that it did no such thing.  all it did was
set out some very basic requirements as to what *kind* of
software would be considered.  if microsoft's software did not
fulfill the requirements, that was after all *microsoft's*
choice.  end of discussion.

rday

p.s.  i wrote this out since i'm likely going to use it as 
the basis for a seminar or two in the near future.  feel free
to email me privately to comment on it.



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