Hi David,/
/
The answer to your question is in section 7.5 - onwards of the bill. If
it is included in the extraordinary circumstances (widely used, no
replcement yet -- impractical to replace) the gov't can continue to use
it provided that when the time comes to replace it, FOSS will replace it.
A problem arises however if the non-FOSS gov't ICT project /
implementation also does not comply with open standards. If that is the
case, then section 7.5 still applies and my answer in the first
paragraph still holds. What if the ICT goods and service is non-FOSS,
non-open standard and *vendor locked-in*? Gov't will have to replace it.
There is no excuse left not to.
*/
7.5 Extraordinary Circumstances/* – The following are extraordinary
circumstances which may exempt government from using open standards and
FOSS:
7.5.1 Where there is no reasonably available ICT good or services
supporting open standards and/or FOSS in the field, area or activity
that the Government intends to enter or participate; or,
7.5.2 Where a particular government agency or office has an existing,
widely-used and widely implemented proprietary ICT system and there are
no reasonably available technology using open standards and/or FOSS that
can be used with the said proprietary system. */
7.6 Determination of Extraordinary Circumstances/* –/ /The CICT, through
the Office of FOSS Migration created under section 17 of this Act shall
determine, through a public hearing, whether there exists extraordinary
circumstances that will exempt a government agency or project from
sections 7.1 to 7.4 of this Act. /*
7.7 Limitations of Proprietary Standards and Software in Government Use
*– /Should there exist extraordinary circumstances as enumerated in
Section 7.5, the government may use proprietary standards and software
subject to the following conditions:
7.7.1 The state shall procure, purchase or acquire only ICT goods and
services that are interoperable and scalable with open standards;
7.7.2 The state shall procure, purchase or acquire available software
that offers license most similar to FOSS as defined in Section 4 of this
Act; and,
7.7.3 Open standards and FOSS will be selected and given preference when
existing systems are to be retired or need major enhancements.
*SECTION 8. /Adoption of FOSS policy in Government Research and
Development/ – *All government programs must adhere to open standards
and must execute, run or compile in FOSS platforms. All software
developed by government must be FOSS and open standards compliant except
in exigent circumstances where national security may be in peril, or in
such other cases where the right to freedom to public information are
reasonably controlled as provided for by law.
In case of exigent circumstances, government shall release under a FOSS
license for public consumption said software, system and ICT goods and
services when it is to be retired or replaced.
*SECTION 9.* */Provision against Single Vendor Lock-in and Dependence/*
– Under no circumstances are ICT goods and services to be acquired by
the State restricted for use in a single vendor environment only. All
prospective ICT investments of the government shall comply with open
standards. Existing ICT systems will be reviewed for open standards
compatibility and will be enhanced to achieve open standards
compatibility when appropriate.
david t. asuncion, jr. wrote:
I hope this is still the right forum to ask. :)
I don't see in the proposed bill what would happen to existing
government (closed-source) softwares like the eNGAS, CRIS, etc. Would
these (closed-source) softwares stay in use by the government after
the passage of the proposed bill, or a new FOSS version will be made
available or maybe its source code could be made open....
Just asking and sorry if I missed it.
--
David Tacasa Asuncion, Jr.
website keeper, forever linux newbie, BUM extraordinaire
Linux User # 406430
http://counter.li.org/ <http://counter.li.org/>
GPG: 0A024BC0
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