On Sunday 30 June 2002 11:55, Dennis Eberl wrote: > I am in far less fear of Microsoft making it illegal to compete than > I am of leftwing Linux zealots trying (a la Argentina was it?) making > it illegal to compete.
It was Peruvian (http://linuxtoday.com/news_story.php3?ltsn=2002-05-06-012-26-OS-SM-LL) Although it does add to the criteria software suppliers must meet to sell software to the Peruvian government, the purpose of the bill is to assure that public information is not tied to either proprietary protocols or document formats. I suppose I may not understand competition. But, either your reading of it differs from mine or you might have missed this part of the letter that responds to MS's take on the bill: "To continue; you note that:" 2. The bill, by making the use of open source software compulsory, would establish discriminatory and non competitive practices in the contracting and purchasing by public bodies..." This statement is just a reiteration of the previous one, and so the response can be found above. However, let us concern ourselves for a moment with your comment regarding "non-competitive ... practices." Of course, in defining any kind of purchase, the buyer sets conditions which relate to the proposed use of the good or service. From the start, this excludes certain manufacturers from the possibility of competing, but does not exclude them "a priori", but rather based on a series of principles determined by the autonomous will of the purchaser, and so the process takes place in conformance with the law. And in the Bill it is established that *no-one* is excluded from competing as far as he guarantees the fullfilment of the basic principles. Furthermore, the Bill *stimulates* competition, since it tends to generate a supply of software with better conditions of usability, and to better existing work, in a model of continuous improvement. On the other hand, the central aspect of competivity is the chance to provide better choices to the consumer. Now, it is impossible to ignore the fact that marketing does not play a neutral role when the product is offered on the market (since accepting the opposite would lead one to suppose that firms' expenses in marketing lack any sense), and that therefore a significant expense under this heading can influence the decisions of the purchaser. This influence of marketing is in large measure reduced by the bill that we are backing, since the choice within the framework proposed is based on the *technical merits* of the product and not on the effort put into commercialization by the producer; in this sense, competitvity is increased, since the smallest software producer can compete on equal terms with the most powerful corporations. It is necessary to stress that there is no position more anti-competitive than that of the big software producers, which frequently abuse their dominant position, since in innumerable cases they propose as a solution to problems raised by users: "update your software to the new version" (at the user's expense, naturally); furthermore, it is common to find arbitrary cessation of technical help for products, which, in the provider's judgement alone, are "old"; and so, to receive any kind of technical assistance, the user finds himself forced to migrate to new versions (with non-trivial costs, especially as changes in hardware platform are often involved). And as the whole infrastructure is based on proprietary data formats, the user stays "trapped" in the need to continue using products from the same supplier, or to make the huge effort to change to another environment (probably also proprietary)."
