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Oregon OSS lov



Hej!

Oregon bill touts open-source option

By TODD R. WEISS
MARCH 11, 2003

http://computerworld.com/governmenttopics/government/policy/story/0,10801,79258,00.html

Lovforslaget kan findes her:
http://pub.das.state.or.us/LEG_BILLS/PDFs/HB2892.pdf


Jeg har inkluderet det fordi det har en godt (og kort) formuleret.

72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session

House Bill 2892
Sponsored by Representative BARNHART (at the request of Ken Barber)


SUMMARY

The following summary is not prepared by the sponsors of the measure
and is not a part of the body thereof subject to consideration by the 
Legislative Assembly. It is an editor s brief statement of the essential 
features of the measure as introduced.

Requires state government to consider using open source software when 
acquiring new software. Sets other requirements for acquiring software.

A BILL FOR AN ACT
Relating to software acquisitions by state government.
(1) The Legislative Assembly finds that:

(a) The cost of obtaining software for the state s computer systems has 
become a significant expense to the state;

(b) The personnel costs of maintaining the software on the state s computers 
has also become a significant expense to the state;

(c) It is necessary to the functioning of the state that computer data owned 
by the state be permanently available to the state throughout its useful 
life;

(d) To guarantee the succession and permanence of public data, it is 
necessary that the states accessibility to that data be independent of the 
goodwill of the state s computer system suppliers and the monopoly 
conditions imposed by these suppliers;

(e) It is in the public interest to ensure interoperability of computer 
systems through the use of software and products that promote open, 
platform-neutral standards;

(f) It is also in the public interest that the state be free, to the 
greatest extent possible, of re-strictions imposed by parties outside the 
state s control on how, and for how long, the state may use the software it 
has acquired; and

(g) It is not in the public interest and it is a violation of the 
fundamental right to privacy for the state to use software that, in 
addition to its stated function, also transmits data to, or allows control 
and modification of its systems by, parties outside of the state s control.

(2) The Legislative Assembly further finds that:

(a) The acquisition and widespread deployment of open source software can 
significantly reduce the state s costs of obtaining and maintaining 
software;

(b) Open source software guarantees that its encoding of data is not tied to 
a single provider;

(c) Open source software ensures interoperability through adherence to open, 
platform-neutral standards;

(d) Open source software contains no restrictions on how, or for how long, 
it may be used; and

(e) Since open source software fully discloses its internal operations, it 
can be audited, at any time and by anyone of the state s choosing, for 
internal functions that are contrary to the publics interests and rights.

(3) Therefore, it is in the public interest that the State of Oregon 
consider using open source


NOTE: Matter in boldfaced type in an amended section is new; matter [italic 
and bracketed] is existing law to be omitted.
New sections are in boldfaced type.

LC 2937



HB 2892

software in its public computing functions.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:

(a) "Open source software" means software that guarantees
the user, without further cost:

(A) Unrestricted use of the software for any purpose;

(B) Unrestricted access to the respective source code;

(C) Exhaustive inspection of the working mechanisms of the software;

(D) Use of the internal mechanisms and arbitrary portions of the software, 
to adapt them
to the needs of the user;

(E) Freedom to make and distribute copies of the software; and

(F)  Modification of the software and freedom to distribute modifications of 
the new re-
sulting software, under the same license as the original software.


(b) "Open standards" means specifications for the encoding and transfer of 
computer
data that:

(A) Are available for all to read and implement;

(B) Do not lock the user into a particular vendor or group;

(C) Are free for all to implement with no royalty or fee except for a fee or 
fees required by the standards organization for certification of 
compliance;

(D) Do not favor one implementer over another for any reason other than the 
technical standards compliance of an implementation; and

(E) Do not prohibit the implementation of extensions, but may employ license 
terms that prevent subversion of the standard through predatory practices.

(c) "Proprietary software" means software that does not fulfill all of the 
guarantees provided by open source software.

(d) "State government" has the meaning given that term in ORS 174.111.


(2) For all new software acquisitions, the person or governing body charged 
with admin-
istering each administrative division of state government, including every 
department, divi-
sion, agency, board or commission, without regard to the designation given 
the entity, shall:

(a) Consider acquiring open source software products in addition to 
proprietary software products;

(b) Except as provided in paragraphs (d) and (e) of this subsection, acquire 
software products primarily on a value-for-money basis;

(c) Provide justification whenever a proprietary software product is 
acquired rather than open source software;

(d) Avoid the acquisition of products that do not comply with open standards 
for inter-operability or data storage; and

(e) Avoid the acquisition of products that are known to make unauthorized 
transfers of information to, or permit unauthorized control of or 
modification to state governments computer systems by, parties outside the 
control of state government.



-- 
          Mvh. Carsten Svaneborg
       http://www.softwarepatenter.dk
 hvor fremtidens idemonopoler bekæmpes idag.


 
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