The State Services Commission (SSC) (the NZ government body that oversees NZ government departments) released a guide to legal issues in using Open Source Software recently. The publication of this guide has caused a certain amount of consternation in the open source community and even manged to make it to Slashdot and Groklaw as well as spawning a fairly active thread on the NZ Open Source Society’s openchat mailing list.
Through all of this I’ve found myself very much on the opposite side of opinion to most other people commenting on it. My initial thoughts on the document are quite nicely summarised by the Groklaw comment that Stuart points out. While the document uses some unfortunate language, there is nothing in it that is actually untrue. In fact my initial feelings towards the document (without having read it thoroughly) were that it was good to see the SSC taking enough notice of open source to feel the need to advise departments on the particular issues that it can bring up.
Particularly dissapointing to me are the conspiracy theories that have been flying around. Groklaw surmises that the paper is a Microsoft hatchet job simply because it was authored by Chapman Tripp (a large NZ law firm) who happen to also represent Microsoft NZ on a range of intellectual property issues. I’ve yet to hear a single shred of evidence to back up this assertion and I find it quite ridiculous. Large firms working in a small market such as NZ will often run into conflict of interest issues and have well established procedures for dealing with them. Without seeing evidence to the contrary I cannot accept that a reputable firm like Chapman Tripp would risk their reputation by trying to intentionally mislead the goverment in a report like this. A far more like scenario, to my mind, is simply that the author(s) of the report are not very familiar with open source issues and didn’t do quite as much research as they should have to bring themselves up to speed with the unique IP features of open source licenses.
Having read the document more thoroughly now, I can agree that it is far from perfect. I think the single most glaring problem is that it focusses only on open source software and doesn’t mention that many of the risks also exist when using proprietary software. This could leave an uneducated reader completely scared off open source due to a mistaken belief that it is far too risky. On the other hand we shouldn’t completely dismiss the document either as it does raise a number of clear risks that a department will face in adding open source software to their IT environment. We’re not going to do ourselves any favours by pretending that open source is a panacea to all the worlds software ills and can just be dropped in to any IT environment to make things better!
It’s worth pointing out at this point that previous evidence from the SSC indicates that they are open source friendly. They have a very clear policy stating that Departments are encouraged to consider open source software alongside proprietary software and use it in cases where it wins on the basis of cost, functionality, interoperability, and security.
Given this history, I am alarmed at the hostile reactions many participants on the NZOSS open-chat mailing list had to the document. Quite frankly I think some people are responding far too emotively to the language in the document (which is problematic - but not that bad) and missing the chance to evaluate the rest of it in an objective manner. We have a SSC that has indicated a friendliness towards open source in the past, and I don’t think that they would turn around and reverse their position in this manner. This report is intended to support their overall policy after all. Rather than jumping down their throats and shouting about how poor the document is we need to engage in a civil dialog, point out the issues with the document and offer constructive suggestions for how the document can be improved.
To that end, Peter Harrisson has started some pages on the NZOSS wiki where we are going to co-ordinate our impressions and responses to the document so we can present a consistent NZOSS position to the SSC in response. I’d encourage everyone with an interest in the document to read and contribute to those pages.
As for exactly what I form our response should take and what it should consist of?
I’ll follow up with another post on that later in the weekend when I’ve had a bit more time to reflect.
What I do know (if you haven’t guessed already) is that I think we should be very careful not to respond in a hostile and emotive manner that will result in our relationship with the SSC becoming worse. That means we should take time to consider the document objectively, evaluate its propositions and provide a well researched and substantiated list of suggested improvements to the SSC.