Hi Jeff!

On 9/22/06, Jeffrey Ian Dy <[EMAIL PROTECTED]> wrote:

 Hi Dean,

[snipped re-quote, I get the point. ;) ]


 I'm not really sure what you meant with discrimination. Ofcourse everybody
"discriminates" (in the plain use of the word) --  something like "I like
blue better than red". But when I state I like blue better than red, that is
arbitrary.

 In law, the equal protection clause does not apply to this case.And as long
as the principles stated in the bill adheres to constitutional provisions,
the bill is not arbitrary.


Here's what I have against this taking advantage of the
"non-application of the equal protection clause": it's being used as
an excuse to put a bias for FOSS in legislation as a blanket policy
for all government agencies.

Maybe it's just my personal conviction about the idea of fairness over
pushing an agenda. I would like to promote FOSS but not see it get
preferrential treatment from government. I just feel like it's wrong
to do something like that. But that is of course, my personal opinion.

 I have read one of your comments. Correct me if i am wrong but I believe
you placed a proposal that we outline procurement guidelines but not to make
FOSS mandatory. Something like the Brazil model.  Don't worry, I believe the
bill's final version will be like that  Lolz :D


Yes I did. I don't know the Brazil model but it would be nice to see
it feel more "objective" and "non-biased". :-)

 Seriously, if we do not mandate the use of FOSS, government employees will
resist migration and IT professionals in gov't will just say, "Hey,training
takes a lot of our budget so let's not try FOSS", or something like "I don't
know how to implement SuSE or CentOS for my networking specs so let's just
buy CISCO since I know Cisco IOS" without even realizing the TCO over a span
of time. hence we believe mandatory is the right path.


I understand, however "gulpi de gulat" and "kung hindi kaya sa santong
dasalan, daanin sa santong paspasan" approach like making it mandatory
is actually setting up FOSS adoption to fail in my opinion. I reserve
my opinions on this, because I fear it will spin off to be another
thread of contention.

 Now when does what I believe and what you believe matter? Obviously we are
not about to change the text of the bill just because you argued against it.
It's in lobbying in Congress. Not that who wins is actually right
(anti-impeachment legislators won but they are not necessarily correct) but
at least we get a negotiated bill.


Indeed. I think I want to talk to some representatives about this,
maybe (if not in the majority, with a party that you're algned with)
so that I can outline my opposition in a manner more suited to the
democratic parliamentary process in Congress. ;-)

 I actually read your comments and, even though I do not usually respond to
you directly (If I want to, i'll just email or PM you), I take note of them
so that when negotiation comes, we'll know what to expect, what points are
agreeable and what are not. Plan B which is semi-Brazilian model is likely
and still acceptable to us. The final outcome of the bill depends on the
strength of the negotiator so I can't post details here. You can talk to us
if you want to. PM me and perhaps we can meet each other.


I will definitely do that one of these days. :-) Just as soon as the
job doesn't get too much in the way of politics... :-D

 Now since you bought it, let me clarify this (at least now I have a leeway
in my schedule). I personally took offense in calling the proponents of this
bill *Nazis* and *Fascists*. At one time even called us *communists*. Are
you a board member of Plug?

For the matter, I would also like to clarify if my criticism _of the
bill_ and not the proponents of the bill. The thing I admit to calling
the proponents are "zealotrous" -- however when referring to Nazis and
Fascist, I was talking about the approach to which the proposed
legislation was being put forth: through mandatory (and ironically
enough) authoritarian approaches. I was making a metaphor between the
way the bill proposes to do things, and how the Nazi rule was by
pushing forward a particular agenda in an authoritarian manner.

When I referred to "communistic" I was talking about the proposition
that the bill mandate that FOSS will be the only thing to be used
unless there is no available FOSS solution. I was talking about the
approach, and not the proponents.

I would like to apologize if I had conveyed it in a manner to lead
readers to think that I called you and others who were part of
drafting the bill communists, nazis, and fascists. I was referring to
the approach of the legislation for making policy, specifically on
making the use of FOSS mandatory.

And yes, I am part of the PLUG Board. However, the opinions I post are
those of my own and not representative of the PLUG Board's position. I
would like to make this clear, that the statements I make are being
made on my own volition and does not in any way mean to represent
whatever the PLUG Board stands for.

It would do you good to be more politically
correct next time. Bayan Muna's leaders fought against Marcos. Some of our
seniors have loved ones which for the past 25 years and until now are
missing . There are more than 700+ activists now dead since GMA assumed
power simply because they have the "communist" tag with them. After you
calling me communist, who knows, I might not be able to present my case in
this group because I might be dead the next morning. The term discrimination
is more apt to to the name tagging you made. Now you can call me communist,
but fascist?  I do not have to reiterate the point. That is more
discriminatory than this bill.


Again, I am sorry if the impression was made that I called you
anything other than "zealotrous".

 However, let's get it over with (the name tagging) and proceed with the
bill. you actually made some points I can use later so thank you.


You're very much welcome. As for the name tagging, I am sorry if it
seemed that I was referring to you guys instead of the bill and
certain provisions of the bill.

--
Dean Michael C. Berris
C++ Software Architect
Orange and Bronze Software Labs, Ltd. Co.
web: http://software.orangeandbronze.com/
email: [EMAIL PROTECTED]
mobile: +63 928 7291459
phone: +63 2 8943415
other: +1 408 4049532
blogs: http://mikhailberis.blogspot.com http://3w-agility.blogspot.com
http://cplusplus-soup.blogspot.com
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