FOSS bill gets fussy reception at House hearing Alexander Villafania INQ7.net
November 19, 2006
ITS PURPOSE may be noble but critics at a congressional hearing last week warned against the long-term repercussions of mandating the use of open source software in government offices.
The first hearing on House Bill 5769, otherwise known as the Free and Open Source Software (FOSS) bill was well attended by several congressmen, mostly from the committees on information and communications technology as well as the committee on trade and industry. Representatives of government agencies involved in IT, as well as private firms and IT industry organizations, were also present.
FOSS is a general term for software whose source code--the heart and soul of any application--is freely distributed so it can be configured to suit the needs of users. Because of these two benefits, users are able to create useful applications without having to spend too much on buying additional software.
The bill, authored by Bayan Muna Representative Teodoro Casiño, aims to mandate the use of open source software in all government agencies, including public schools, instead of more expensive proprietary applications.
However, it is exactly the mandating of FOSS usage in government that was questioned during the hearing and the first to “partially” oppose it was no less than the Commission on Information and Communications Technology (CICT), itself a major supporter of FOSS.
At the hearing Wednesday last week, CICT Chairperson Ramon Sales instead wanted the bill to “encourage” rather than “mandate” the use of open source software.
He explained that government agencies should not be forced by law to use software solutions that may not meet their requirements. In most cases, government agencies have been using proprietary applications and a legally required migration to open source could have “scary” budgetary implications, Sales warned.
He also noted that open source does not absolutely assure recourse when an application fails, unlike proprietary applications that have warranties that help ensure continued operations during serious incidents.
“It is better to mandate open standards, not just open source. Use FOSS as alternative and if it does not work, evaluate,” Sales said.
The organization most critical of the FOSS bill is the Philippine Software Industry Alliance (PSIA), a body composed of the country’s software development firms. A PSIA representative read the organization’s position paper on the FOSS bill, which the described the proposed law as a “disservice to users.”
“Government has no business or expertise mandating the use of one technology platform over the other. Government's role is to partner with the private sector in providing the environment and business framework in which innovation, creativity and freedom of informed choice can thrive, especially in the area of technology which is characterized by dynamism and disruptive change,” the PSIA paper read.
In agreement with PSIA’s statement is Philippine Internet Commerce Society (PICS) vice president for advocacy Teodoro Kalaw who opined that if passed into law, the bill would make it difficult for software developers to sell products and services to government because they primarily sell using the proprietary software model.
Kalaw noted that PICS has not issued its official stance on the matter but he urged the congressional committees handling the FOSS bill to “seriously look into” the concerns of the PSIA.
On the defensive, Casiño explained that using FOSS, primarily because it is cheaper, outweighs other concerns in the long term adding that while companies with proprietary software can still bid for government offices, it is FOSS that should be given preference. “I don’t see any reason to limit the choice of what to use. In fact, I’m open to more choices but what I’m pointing to is the standards should be set for government to follow.”
But for the bill is software developer Rage Callao who said he would personally support the bill in order to create a single software standard for government offices to use. He said FOSS fosters new business potential for developers and is also a better alternative to proprietary software whose prices continue to remain prohibitive.
Callao is a member of the development team that created the Bayanihan Linux operating system at the Department of Science and Technology – Advanced Science and Technology Institute (DOST-ASTI). Bayanihan Linux is the first government-led development of an open source operating system that can be used as an alternative to proprietary equivalents.
Seeing that there are still issues to be threshed out, congressional committee on ICT chairperson Representative Simeon Kintanar brought the hearing to an end but required all parties concerned to submit their position papers within the month.
Kintanar said that he would be scheduling the next FOSS hearing either late November or early December before the Congress closes for the year. “A lot has been said about the FOSS bill and we need to evaluate and perhaps include what the other parties have to say.”
