Hi Rage!

On 9/22/06, Rage Callao <[EMAIL PROTECTED]> wrote:

Correct me if I'm wrong but we do seem to agree on some points here such as:

1. That government should only acquire software wherein it has access
to the source code.

2. That government should be free to modify the code by itself or
through third party developers to suit its purposes.

3. That government should be able to use the software indefinitely.

4. That government should only acquire software that fulfills its requirements.


Yes! I believe we're both in agreement in these above 4 things.

5. That government can adopt standards on what it deems acceptable
licenses when it purchases software.


This is a little vague for my taste though... But essentially, the use
of open standards technologies is what I'm after. I don't know what
you mean by "adopt standards on what it deems acceptable licenses".

So supposing that under this bill, a software provider were to satisfy
all these requirements in their licensing terms, are they already
qualified to bid for government projects?


Yes, the software should be qualified for use by government with the
above terms (or three original terms I have posted earlier).

If they were to include in their licensing terms that the government
must indemnify them for, say, loss of income resulting from the use of
a third party of their source code for projects outside of government
where the government had not sufficiently taken measures (like NDAs,
MOAs) to protect that source code from such misuse, would that
licensing term also qualify for the bid?


Yes, they should qualify for the bid.

The government, much like any other entity is bound to operate within
the laws in which it itself promulgates. If there is provable cause
for liability on the part of government, then it should be held
responsible just like any other entity.

What if the terms also included that government should only use, for
instance, the software provider's development tools to modify the
software, will that qualify as well?


Then the government is no longer free to modify the source code as
they see fit right? This can be arguable, and on a case to case basis,
but I'm tempted to say no because it's a restriction on the
modification of the source code. Conversely, as long as the
development tools are subject to the same stipulations that the
produced software need to be licensed under will the development tools
be made qualified for government use. That means, the development
tools themselves should have the source accessible by government, that
the government may modify the sources of the development tools as it
sees fit. :-)

Please clarify.

There are infitely many more arguments that may come the way of this
type of bill, but undeniably it allows for more leeway than just
saying "only FOSS will be used by the government".

--
Dean Michael C. Berris
C++ Software Architect
Orange and Bronze Software Labs, Ltd. Co.
web: http://software.orangeandbronze.com/
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