*The BJP’s awkward embrace of Free Software *

**
http://www.hindu.com/2009/04/10/stories/2009041055960900.htm

Deepa Kurup

   *The party’s discovery of the virtues of OS would appear to sit
uncomfortably with its slogan “Let a hundred Bangalores bloom.” *

  The IT manifesto of the Bharatiya Janata Party has created ripples among
software circles with its support for Free and Open Source Software (FOSS),
and its opposition to “digital standards.” While the Kerala government has a
policy that makes the use of FOSS in government and education mandatory,
Tamil Nadu has implemented it in a few departments. Left parties have for
long backed the Free Software movement politically. It is surprising that
the BJP, with its strong pro-corporate and pro-patent leanings, should back
this cause.

Even as the Free Software community is celebrating this latest endorsement,
sceptics among its ranks are cautious about taking the BJP’s promises at
face value. Its track record, when in power at the Centre and in the States,
provides grounds for these misgivings.

Consider this. As late as January 2009, the BJP government in Gujarat, led
by Chief Minister Narendra Modi, inked a deal with the global proprietary
software giant Microsoft that includes a Microsoft-developed IT curriculum
for high school students, teacher training, certification programmes, and
offers free Microsoft software development tools to universities.

Less than two months on, the party manifesto in its “eEducation” section
declares: “We will actively promote Free and Open Source Software, including
operating systems, which will introduce the habit of innovation
(‘tinkering’) among students.” In fact, in 2006 the BJP government in
Rajasthan signed a similar deal with Microsoft under Project Shiksha, and in
2004, the BJP-JD(S) coalition in Karnataka, tied up with proprietary giant
for education and e-governance initiatives.

Prabir Purkayastha of the Delhi Science Forum feels the manifesto reflects
the “blinkered vision” of the BJP, which has “never taken an anti-monopoly
stance.” Dr. Purkayastha points out how Free Software circles are abuzz with
an interesting anomaly in L.K. Advani’s speech at the manifesto launch: “Mr.
Advani referred to how impressed he was on his visit to the Microsoft Office
in the U.S. He did not see the stark contradiction, as he proudly reflected
on the number of Indians present there!”

FOSS activists, however, hope this means increased visibility for their
cause, considering a large number of National E-governance Missions are in
the pipeline, for which Rs. 6000 crore has been earmarked in the 11th Five
Year Plan. The 40-page document also promises to set up an “IT
standards-setting body,” carving it out of the Bureau of Indian Standards,
and promises all government software will conform to these “open standards.”


Venkitesh Hariharan, a senior Red Hat official, says: “It is significant
because so far there hasn’t been any conscious effort towards policy making.
Public data and websites have been in both proprietary and open format.”
Digital standards

 As for their new stance on “digital standards” — that is, proprietary
claims on algorithms and software programmes — the BJP-led National
Democratic Alliance government, notably, was the first to amend the Patent
Act in March 1999 and in June 2002 as part of the WTO agreement under Trade
Related Intellectual Property Rights (TRIPS). The seemingly innocuous phrase
“software per se,” which the NDA government introduced into section 3(K) of
the Indian Patents Act, was a loophole through which software could be
brought under a patenting regime from a copyright one.

According to Dr. Purkayastha, the amendments had nothing to do with TRIPS
which does not even include software or computer programmes in its ambit. “A
2004 ordinance provided for patenting of computer programmes used in
combination with hardware. Later, while in the opposition the BJP opposed
the bill — even though it was virtually drafted by their Commerce Minister
Arun Jaitley. It was presented without any changes,” he says. This was
revoked in 2005 by the United Progressive Alliance under pressure from the
Left.

Corporates such as IT majors Infosys and TCS have long lobbied for patents.
When contacted, a senior spokesperson from Microsoft, a company that will be
hit hardest by an OS regime, told *The Hindu* that the company is
“encouraged by the focus on IT by political parties,” describing the policy
of the Government of India as one of “technology neutrality.”

The BJP’s discovery of the virtues of OS would appear to sit uncomfortably
with its slogan “Let a hundred Bangalores bloom.”
Rahul
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