PIL SEEKS WINDOW OUT OF MICROSOFT
The Financial Express, June 12, 2003  
www.financialexpress.com

Sudarshan Kumar | New Delhi | June 11

EVEN AS Microsoft wages war against rival open source operating system
Linux around the world, a public interest ligitgation (PIL) filed in the
Jharkhand High Court could add fuel to the open source versus
proprietary software debate, particularly in the e-governance space.

The Redmond, Washington-based Microsoft is ubiquitous through its
popular Windows operating system which runs most of the world's desktop
computers.

The petition filed by a high court lawyer in Ranchi pleads for a
directive to the Indian government and the state of Jharkhand to
implement cheaper open source (read, Linux) software instead of
expensive proprietary products.

There has been a renewed thrust within governments, both in the states
and at the Centre, to evaluate alternatives on Linux.

Linux is an open source code operating system developed by software
programmer Linus Torvalds to offer an alternative to the Unix system,
variants of which are offered by leading vendors in their proprietary
versions.

The Linux source code is free to everyone under a general public
licence. The term 'Linux' was developed from 'Unix' and 'Linus'. The
petitioner-lawyer, Manish Kumar, did not wish to go on the record to
share details of the petition. However, sources familiar with the
process said point of admission hearing has been fixed for June 12.

The petition says the proprietary software is available at a high price
and its source code cannot be modified except with the approval of its
owner. The code for open source software is, however, freely available
and can be modified according to the user's requirements.

A Microsoft spokesperson said the company could not comment on the PIL
"as it is sub-judice". However, sources close to the company said Linux
was often used by government officials as an "arm-twisting" tool during
negotiations.

On the open source debate, Microsoft India head of marketing Sanjiv
Mathur said: "Both commercial and open source software play important
roles in the broader IT ecosystem -- and in supporting IT-related
development. The commercial software model has effectively demonstrated
development-related advantages, including cost-effectiveness,
opportunities for growth, long-term sustainability and affordable
access. These advantages will largely be lost if developing nations,
like India, adopt biases against commercial software or enact policies
that inhibit the growth of a domestic commercial software industry."

Microsoft has recently invited Jharkhand chief minister Ajun Munda to a
'government leadership summit' in Redmond. Mr Munda, however, did not
attend the mid-May meet.

The company has been persistent in its evangelising effort to woo
governments and corporates alike across the world to implement its
proprietary products and solutions.

Critics say these licensing deals lock customers into heavy initial
investments and regular payments for 'upgrades' to improved versions
that are launched periodically.

The software maker last month lost a key battle against Linux in Munich,
Germany, where the city council decided to switch its 14,000-computer
network to the open source operating system.

Linux itself came under attack recently, albeit indirectly, with Unix
code owner SCO Group (formerly Santa Cruz Operations) suing IBM
(International Business Machines) for an alleged breach of contract. SCO
says IBM handed over pieces of its proprietary Unix code to Linux
developers. While IBM has denied any wrongdoing, Microsoft expressed
tacit support for SCO by licensing its Unix technology.
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