On Dec 27, 2006, at 6:44 PM, Dean Michael Berris wrote:

Hi Sir Feria!

Wow! I have yet to be knighted by the queen... wait for her podcast! Hahah

On 12/27/06, Rom Feria <[EMAIL PROTECTED]> wrote:

On Dec 27, 2006, at 6:32 PM, Dean Michael Berris wrote:

>
> Because the government was buying generic drugs, the drug being
> generic imposes that the formula was out in public. Had the drug not > been generic, would government require the formula in the procurement
> of the drug?

The government favors generic over non-generic drugs. If there is no
generic available, then the government can purchase non-generics.

Aha!

But it's not required that in the procurement of the drugs that the
formula be revealed right? And that the reason generics are favored is
that the cost of generics is generally smaller than the non-generics,
right?

Is there a specific law which states this, or is there just a
"convention" commonly practiced and observed by the DOH?

RA 6675 I think is the basis of the DOH's preference over non- generics. Whilst it is not in the procurement guidelines, it will not make sense for DOH not to support it.

In the same light, cant the CICT just make a pronouncement and not
have it written as law that the Philippine government favors FOSS over
non-FOSS? And just please have the FOSS bill fix the laws and
rules/protocols that need fixing to recognize FOSS, and not have the
mandate of FOSS only in government written as law?

Remember that we have three branches in the government and that the FOSS bill is only from ONE branch. CICT has its own take on this issue and it is doing what it believes is proper for all parties concerned. Even if the CICT mandates otherwise, if the FOSS bill is passed, CICT will have to abide by it if it is signed by the President.

The FOSS bill, afaic, indirectly requires that government CIOs be more informed about software. The bill ensures, at least I think it does, that CIOs decide on the merits of each solution based on a software under FOSS license as a baseline. If a proprietary solution is proven to be much more effective, the bill does not prevent it from being purchased and used. Case in point, your DBMS example -- FOSS as a baseline (MySQL or PostgreSQL), if the software requirement does not demand the full features of an Oracle RDBMS, then there is no point in buying Oracle. The burden to analyze the technical merits lies on the CIO and its staff -- which, unfortunately, is often influenced by commercial software companies with its deep marketing/ sales pockets. As it is today, most government CIOs do not know what FOSS is all about.

On the other front, CICT is doing its best to educate these government IT folks about FOSS. Whilst the HRDG of CICT is favoring FOSS at this point, it is not closing its book on proprietary/ commercial software. What CICT wants, I think, is for each government agency to be able to effectively compare FOSS and non-FOSS solutions before making a procurement decision.

Happy GNU year!
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