[plug] [link] Indians protest to give Linux a fair go

[Leon Brooks]

Many, many good points here:

    http://www.symonds.net/~fsug-kochi/mass-memo.html

    We are very much proud of our government in that our government is
    one of the few governments in the world which has made it possible
    to bring IT education to the masses at a very nominal cost as
    envisaged in the IT at SCHOOL scheme. 

    However, we submit that implementation of the scheme as it is would
    harm the long term interests of our State, the general public and
    the Country. There would be very serious violation of our citizens'
    basic legal and constitutional rights. [...]

    The syllabus has prescribed software by brand. It is regrettable
    that the government has not framed or adopted any guidelines or
    standards to be followed for choosing the software. The IT at SCHOOL
    project patronises and prefers one brand over other products; and
    in making this choice, the government has not followed due procedure
    laid down by law. We submit that this is not fair to creators and
    vendors of other software. [...]

    At the prescribed ratio of 10 computers per school, by the year
    2004, this will cost the schools an astounding Rs. 74,10,00,000/-
    (rupees seventy four crores and ten lakhs) [...]

    Even if the said corporation whose software is chosen provides
    software free of cost, we submit that the government should not
    include it in the syllabus. Providing schools or other educational
    institutions software at little or no cost, while the same software
    is sold at very high prices in the open market is a marketing
    trick. The corporation resorts to such tactics in order to reap
    benefits of having a pool of people who are familiar with their
    software packages and thus form an assured customer base, [...]

    Thus, even by providing software free of cost to the schools, the
    said company will make immense profits, to the detriment of public
    welfare and without any corresponding gain to the public, state or
    institutions. You will recognise that this policy discriminates
    against vendors of other software and in favour of a particular
    corporation. You would be aware that this is discrimination and
    unconstitutional.

    [...] Government's approach would result in compelling not only
    schools, but also the general public to purchase software from
    this particular vendor in the future, because people have been
    denied access to software from other vendors. This would create a
    monopoly in favour of that corporation and expose the public, the
    State and the nation to the mercy of a single company. It may be
    recalled that this particular corporation has been found guilty
    of unfair, monopolistic and restrictive trade practices in its
    own country.

    [...] the government has specified that 'Volume licensing terms
    of necessary software will be negotiated with software
    manufacturers'. This is a very regrettable approach on part of
    the government. Negotiations can be only between persons or
    bodies having equal bargaining power. A prerequisite of equal
    bargaining power is that that both parties have the freedom of
    choice. But, when schools are compelled to purchase a particular
    brand because it is prescribed in the syllabus, the schools have
    no real choice and hence, no real negotiating power. [...]

    It should be realised that vendor dependence is extremely
    expensive for the government in the long term. [...]

    However, there is no provision for software costs in the
    estimates and accounting guidelines published as part of the
    IT at SCHOOL scheme.

    This approach will encourage schools to make unauthorized copies
    of software. The law as it stands now prohibits copying of
    software by schools without permission. Therefore, the government
    has a duty to ensure that rules / regulations / guidelines framed
    by it facilitates compliance with law by the persons or bodies
    targeted by such rules or guidelines. We submit that the
    government's approach of not providing sufficient funds for
    purchase of software will bring the schools into conflict with
    the law relating to Copyrights and the harsh license enforcement
    programs by the software corporations. [...]

    Management of software licenses is a complex task, requiring
    constant legal supervision. [...]

    We understand that the government has not received any consent
    from the copyright holders to use screen shots in the text books.
    We would like to point out that certain corporations have
    initiated litigation in other foreign countries, claiming
    copyright over screen appearance. [...]

    Software is subject to very rapid changes. Average life cycle of
    software packages is between six to eighteen months. However,
    syllabi in Kerala are reviewed only once in four to five years.
    This would result in our students having to study obsolete
    software packages for a long time in between syllabus reviews. In
    view of such rapidly changing product versions it is most
    inappropriate for the government to prescribe software by brands
    or versions in school syllabus.

    [...]

    We would also like to point out that free software is neither
    'freeware' nor 'alternative software' as sought to be made out
    in the 'IT at SCHOOL Project - an Approach Paper'. 'Freeware' is
    software available at no monetary cost. 'Free software' on the
    other hand, is about freedom, not cost. 'Alternatives' are
    required when we are compelled to use one particular thing or
    product. We are not aware of any compulsion on the government to
    use any particular software. This being so, we fail to
    understand such terminology used by the government.

    [...]

    We trust that the government will not be misled by wrong
    terminology and misconceptions. We wish to point out that
    governments of several developed countries have successfully
    adopted free software for various purposes and have openly
    acknowledged advantages of using free software. We may also point
    in this context, the experience of the Kerala Bureau of
    Industrial Promotion, which, in association with the Free
    Software Foundation of India, is developing software in
    Malayalam. This is possible only because they are using free
    software - software created by others and made available to the
    general public with the 'swatantryam' [libre/free-as-in-speech]
    to legally use, modify and redistribute the same for the greater
    common good.

    [...]

    We trust that the government would view the issue not merely as
    one of cost or preferring one software or company over other. The
    basic question is one of freedom of choice for each individual
    and an entire community. What is at stake is not merely
    commercial rights or expenses of a few rupees. It is the question
    of liberty and independence for the public.

Cheers; Leon