MESSAGE
| DATE | 2003-07-02 |
| FROM | From: "Inker, Evan"
|
| SUBJECT | Subject: [hangout] Open source trade clash
|
Open source trade clash
Simon Hayes and James Riley
JULY 01, 2003
THE growing love affair of Australian governments with open source software
may sour trade negotiations with the US.
An anti-open source group backed by Microsoft is lobbying furiously to
stymie open source moves by some states.
The Washington-based and Microsoft-backed Initiative for Software Choice
(ISC) has condemned South Australian moves to introduce open source
preference legislation as "hidden protectionism" that discriminates against
US software companies.
US officials have said government procurement and intellectual property are
issues in the next round of free trade talks, due to begin on July 25.
US negotiators are understood to be concerned about procurement policies
that supposedly discriminate against US firms.
Australian governments, state and federal, have often used IT procurement to
encourage local industry development.
In a letter to the US Congress, US trade representative Robert Zoellick said
procurement rules needed to be transparent and fair for US firms.
Negotiators would also "seek to expand access for US goods and services to
Australian government procurement markets".
While open source has not been raised specifically, US trade groups have
already begun lobbying.
The ISC has written to SA MPs asking them to oppose Democrats MLC Ian
Gilffilan's State Supply (Procurement of Software) Amendment Bill, which
calls on public authorities to use open source software in preference to
proprietary products "where practicable".
ISC policy counsel Mike Wendy said such laws could be a barrier to trade,
and would not be in the interests of South Australians.
"These laws have been used to erect obstacles, especially to American
companies," he said.
"We think you should be looking at everything, but when you start straying
into preference policies or hard-core appropriations, outlays or subsidies,
that's a concern."
Mr Gilfillan is confident of getting the legislation approved by the upper
house later this month, but has failed to win the support of the Labor
government of Premier Mike Rann. The SA Government is exploring open-source
options, but is reluctant to prescribe it by legislation.
Mr Wendy said the ISC - run by US industry lobby group the Computing
Technology Industry Association (CompTIA) - was aware of more than 70 pieces
of legislation worldwide that sought preferences for open source.
"It can be a form of protectionism and a trade barrier when laws are
designed to do something untoward," he said.
The ISC was less concerned about decisions by Victoria and NSW to set up
open-source policy units, but warned that moves to give preference to local
companies could end up harming the economy.
"It disturbs market dynamics artificially," he said. "Microsoft and IBM are
leaving nine-tenths of every dollar in the locality they operate in."
The NSW Government is currently engaged in an Open Source Project involving
40 state agencies, aimed at creating a centralised resource to assist in the
adoption of open-source software in the public sector.
A spokesman for NSW IT minister John Della Bosca said the government's view
was that without a central resource, individual agencies may not be able to
take advantage of open source software because of a shortage of expertise
across individual agencies.
"Agencies may not be able to adopt open-source products unless support
structures are in place, even if analysis determines the products to be
cost-effective," the spokesman said.
"It is apparent that most agencies need assistance if they are to make
greater use of open source software."
The NSW Government recognised that several countries "were considering
mandating consideration of open source software by agencies buying new
products", and it was watching the progress of the private member's bill in
SA, he said.
The Victorian Government has similarly begun a program to propagate
information about open-source software options, while the National Office of
the Information Economy is working on a "procurement framework" for open
source, suggesting the software "has potential to be used more broadly".
Whereas state governments appear to be exploring legislative guidelines to
give open-source software options preferred procurement status, the Federal
Government is opposed to legislation.
Mr Wendy said the ISC did not oppose the use of open source software, but
was concerned that legislation may be used to give it an unfair advantage.
"Software is an exceedingly competitive ecosystem, and governments already
have the tools to avail themselves of all types of software," he said. "You
don't need a new law."
Local industry group the Australian Information Industry Association has
written to SA parliamentarians.
"We are against preferences or directives," AIIA executive director Rob
Durie said.
This report appears on australianIT.com.au.
http://australianit.news.com.au/articles/0,7204,6678922%5E15319%5E%5Enbv%5E1
5306,00.html
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