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Re: [K12OSN] The Terror of Open Source
- From: Jeff Davis <jdavis standard k12 ca us>
- To: k12osn redhat com
- Subject: Re: [K12OSN] The Terror of Open Source
- Date: Mon May 6 16:33:02 2002
Has anyone seen a decent translation of the original FUD letter? I got one
via google using their translation software (beta), but curious if there is
a better translation available.
Here's the results of the translation:
San Isidro, 21 of March of 2002
Edgar Villanueva Nuñez
Congressman of the Republic
Firstly, we want to thank for the opportunity to him that offered us to
always inform to him how we come working in the Country in benefit from the
public sector, looking for the best alternatives to obtain the
implementation of programs that allow to consolidate the initiatives of
modernization and transparency of the State. Indeed, fruit of our meeting
today You know our advances international level in the design of new
services for the citizen, within the frame of a State model that respects
and protects the author rights.
This to drive, as we talked, it is part of a world-wide initiative and
nowadays diverse experiences exist that have allowed to collaborate with
programs of support to the State and the community in the adoption of the
technology like an element strategic to hit in the quality of life of the
Of another side, as we were in this meeting, we attended the Forum made in
the Congress of the Republic the 6 of March, with regard to the project of
law that You lead, in where we could listen to the different presentations
that today take to us to expose our position in order that You have a
ampler panorama of the real situation.
The project establishes the obligatory nature of which all public organism
must use free software exclusively, is to say of opened code, which
trasgrede the principles of the equality before the law, the one of
nondiscrimination and the rights to the free deprived initiative, freedom
of protected industry and hiring in the constitution.
The project, when obligatory doing the use of software of opened code,
would establish a discriminatory and noncompetitive treatment in the hiring
and acquisition of the organisms public contravening the principles of base
of the Law 26850 of Hirings and Acquisitions of the State.
Thus, when forcing to the State to favor a model of businesses that would
support exclusively the software of opened code, the project would be only
discouraging to the local and international manufacturers that are those
that truely they make important investments, create a significant number of
positions of direct and indirect uses, besides to contribute to the GIP
versus a model of software of open code that tends to have an economic
impact every smaller time because it creates jobs mainly in good condition.
The law project imposes the use of software of code opened without
considering the dangers that this can entail from the point of view of
security, guarantee and possible violation of the rights of intellectual
property of third.
The project handles of erroneous way the concepts of software of opened
code, that not necessarily implies that it is free software or of cost
zero, getting to make ambiguous conclusions on savings for the State,
without no sustenance cost benefit that validates the position.
It is mistaken to think that Software de Open Co'digo is gratuitous.
Investigations made by Gartner Group (important investigator of the
technological market recognized world-wide level) have indicated that the
cost of acquisition of software (operating system and applications) is
reduced to only 8% of the total of costs that the companies and
institutions must assume as a result of the rational and really beneficial
use of the technology. Other 92% constitute it: costs of implantation,
qualification, support, maintenance, administration and inoperatividad.
One of the arguments that they sustain the law project is the supposed
gratuidad of the software of opened code, compared with the costs of the
commercial software, without considering that exist modalities of licensing
by volume which they can extremely be advantageous for the State, as it has
been obtained in other countries.
Additionally, the alternative adopted by the project (i) is clearly more
expensive by the high costs that a migration supposes and (ii) puts in risk
the compatibility and possibility of interoperability of the computer
science platforms within the State, and between the State and the deprived
sector, given the hundred of versions that exist of software of code opened
in the market.
The software of code opened in its majority does not offer the suitable
levels on watch nor the guarantee of recognized manufacturers to obtain
greater productivity on the part of the users, which has motivated that
different public organizations have backed down in their decision to go by
a solution of software of open code and they are using commercial software
in his place.
The desincentiva project the creativity of the Peruvian industry of
software, that invoices to 40 USS millones/año, exports USS 4 million
(10mo. in ranking products of nontraditional export, more than crafts) and
is a source of use highly described. With a Law that stimulates the use of
software of opened code, the software programmers lose their rights of
intellectual property and their main source of repayment.
The software of opened code, to the power to be distributed gratuitously,
either does not allow to generate income for its developers by means of the
export. Of this form, it is debilitated the multiplying effect of the sale
from software to other countries and therefore the growth of this industry,
when contrary the norms of a Government must stimulate the local industry.
In the Forum it was discussed on the importance of the use of software of
code opened in the education, without commenting the full failure of this
initiative in a country like Mexico, in where indeed the civil employees of
the State which they based the project, today express that the software of
open code did not allow to offer a experience of learning to students in
the school, did not tell themselves on the qualification levels national
level to give suitable support to the platform, and software did not count
and it does not count on the levels of integration for the platform that
exist in the schools.
If the software of open code satisfies all the requirements with the
organizations of the State because it is required of a Law to adopt it?
Would not have to be the market the one that decides freely which are the
products that give to more benefits or value him?
I am thankful excessively of the attention lent to the present, we want to
reiterate our interest to meet to him with you to be able to expose with
more detail our points of view to the project presented/displayed by you,
and to put us to its total disposition to share experiences and information
that we are safe they will be able to contribute for a better analysis and
implementation of an initiative that has by objective the modernization and
transparency of the State, in benefit of the citizen.
Juan Alberto González
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