MS Marketing Medusa is here, yet again!

In September 2011, sflc.in came across a news item reporting a decision
by the Government of Punjab to switch to Microsoft Windows instead of
BOSS Linux . I had barely rejoiced properly  the news which had appeared
earlier in the year on February, 2011, about the use of BOSS in the ICT
program for students et Voila! Here was  a 180 degrees turn in the
policy within a span of  seven months.The newspaper item insinuated the
transfer of IAS officers in charge of the Department of Education as the
triggering point in the turn of events in this staged dramedy.

Through a  series of applications filed under the Right to information
Act, sflc.in obtained the minutes of the meeting in which the decision
to switch over was effected. Here, I provide a brief of the information
received, please pardon the intended puns and suggest a future course of
action. sflc.in is looking into the legal aspects of challenging
procurement policies and would love to have a pro-bono lawyer in the
State of Punjab.

The minutes bring to light  an "honest" request by Microsoft's
directorial brigade with heads of education, marketing and public sector
for a meeting with the Principal Secretary of Education, Punjab,  post
the announcement of their decision to use Edu BOSS in the Edusat
Computer labs and Computer labs for providing computer education and
training . And here our naivete had made us believe that all options
must have already been considered and weighed before the decision to use
BOSS was made in February by the then Chief Secretary to the Government
of Punjab regarding the purchase of Operating Systems.

 A director from CDAC was also present in the meeting who did not wish
to make any presentation as they had already submitted the necessary
documents and nothing additional was required. Hopefully, the
contributions were laconic. The director's objections are recorded in
the minutes wherein he had objected to the assertion that /"the  states
of U.P., Tamil Nadu, Assam had shifted back to Microsoft after using
"Open Source". /"Facts" in support of these bald statements were
provided within two months in another meeting. Further, since only
recent tenders and contracts were to be awarded to Microsoft, it did not
seem to merit any further objections.

To quote this piece of poetry

 /" There was deliberation on the trend of reverting back to MS
platform, to which CDAC representatives have told that their system is
very new as compared to Microsoft to which Microsoft mentioned that the
trend was on OSS/Linux which has been prevalent for the last 10 years
and still there are switchovers (sic) happening now. MS representatives
informed that prices offered for the purpose of school education are
highly discounted as compared to prices available commercially" ./

Did I hear anyone gasp and say tobacco companies "get them young and
hooked "?

In fact, the data provided and recorded with respect to the switchovers
(sic) in various states talks about tender documents wherein specific
tenders demanding Microsoft's various products are made but no evidence
of the so called switchover (sic) was to be seen anywhere. CDAC made a
submission highlighting Government of Rajasthan's use of Debian along
with Microsoft (sic). Although, a brief statement about each state
concludes with a qualifier that

/ "However, [INSERT STATE NAME] never opted for EBOSS"/

 the Committee headed by the Principal Secretary, School Education,
Punjab reaches the following conclusion
/
" The above documents pertains to demand of Microsoft Windows in the
recent tenders and support the contention that following states have
shifted back to Microsoft from open source which was earlier dealing
with open source and now they have demanded Microsoft"
/
The meeting also recorded Tamil Nadu ELCOT's decision about which we
recently saw a report at
http://tehelka.com/story_main50.asp?filename=Ws101011MICROSOFT.asp#

Disclaimer: Neither the logical or analytical reasoning  nor the grammar
or punctuation is mine.


Amongst the other factors considered were the following claims:
/
"Microsoft products are built on principles of interoperability and open
standards and hence offer greater compatibility and tighter integration
amongst offerings" /

CDAC's objections over this were "considered".
/
"Students who will even go abroad where they will have to work on
Microsoft operating system"(sic)"/

/
"Letting students work in a Windows environment will save the students
from transition problem"/

/"As a  result it was decided that EBOSS may be installed in the Edusat
labs of 2 districts as a pilot project and Microsoft operating system in
the remaining 18 districts./"

A Copy of these minutes with answers to the questions raised is provided
herewith.

-- 
Warm Regards
Mishi Choudhary, Esq.
Director-International Practice
Software Freedom Law Center
1995 Broadway Floor 17
New York, NY-10023
(tel) 212-461-1912
(fax) 212-580-0898
www.softwarefreedom.org


Executive Director 
Software Freedom Law Center
K-9, Second Floor
Jangpura Extn.
New Delhi-110014
(tel) +91-11-43587126 
(fax) +91-11-24323530
www.softwarefreedom.in


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