Http://www.pimientolinux.com/peru2ms/villanueva_to_ms.html Mr. Zhe, I thank you for your position on March 25: The Government Organ Office's Liberty Bill (hereinafter referred to as this Act) position Book, the bill is intended to find a proper positioning in the global Branch competition today. Under the spirit of the bill:, it is the best way to resolve problems in an environment where open and clear scheduling is to solve the problem. I want to take this opportunity to respond to your last proposed comments. Because respecting your opinion represents the amount represented, I feel that I will respond to the whole way to question your patent (non-open source) software will have the benefits of the people to clarify our doubts. At the same time, in order to make this discussion more smooth; we must first figure out some concepts: The open original program software is the free software defined by the bill; some software has some software that is public its original code. But because it is not tolerate in the legislation, it does not belong to the scope of this bill; and your so-called business software is equivalent to the "patent" or "not free" software defined in the bill (not publicly the original The program code); there are still some software to disclose the purchaser and the Rong Dynasty 悜 蚹 麰鸲 程 程 程 程 程 程 程 码 码 码 法 法 法.......,.. Furthermore, I must also clearly indicate that the intention of this legislation does not use free software to save the government to the government. This example is based on the three basic guarantees based on the constitution to give citizens (hereinafter referred to as three basic Guarantee): 1. Citizens can obtain public information anytime, anywhere 2. Public information must be maintained 3. State secrets and public (data and storage systems) Safety and confidentiality in order to protect (1) citizens can obtain public information anytime, anywhere One point is that the storage format of the public data is not the only software vendor patent; the use of the public and standard formats can be guaranteed that this one can be implemented anytime, anywhere, can be implemented, even if it is possible to make compatible software. In order to ensure the integrity of public materials, free software can allow the government to operate the software for software, storage materials, such as software, and maintenance services that store materials, and the use of suppliers are not affected by a single (software) service provider. Affecting the service conditions of the monopoly. In order to protect (3) security (data and storage system) security, a little extremely important is to store public information that cannot contain any components available to remotely control, or transfer public data to the public data. In the hands of the third party. The original program code of the national use system must be checked by the public, government officials and independent experts around the world. In this case, it is impossible to hide any components that can be used for spy purposes. It is the state secret (information And equipment) safer. Similarly, the government as a public data (and storage system), and the public as the legal owner of the information, this Act also makes public information (and storage systems) security and confidentiality more stringent And the bill can also make the civility as an consumption that can get more "free software" that will not violate their private stability and personal freedom. With the word of this bill, once the bill is officially effective: this bill does not It will prohibit the production and sales of commercial software; this Act does not design which of the software or which set of software produced by the government and public institutions; this Act will retain any software for the free terms and terms of use. The Act is clear and clear, and if the national and public institutions should adopt any software, in addition to the software at least to meet the requirements of the objectives, the license plate and terms of use of the software are more likely to (1), (2), (3) conditions, otherwise the state will not monitor whether the public data is complete, whether it is confidential, whether it can be extracted when needed, whether appropriate procedures are handled, and these are national energy No everyday operation. We believe that the information of Information Branch Branch is huge for the general public life, and we should also agree that the three points mentioned in the first basis of the Democratic Countries like Peru are observed. If you think this bill In addition to the use of free software methods, there are still other possible methods that do not violate the above basic guarantees. Please let me know that I will answer your opinions on your opinion: First of all, you point out: All government and public institutions "" forced " "Free Software" must be made in violation of the principle of equal and non-discrimination before the law in the Constitution, and damage the business rights of private enterprises and their choice of contract form (license and terms of use). Your understanding of this Act is not correct It does not affect these rights, it is limited to the conditions that the software to determine the software used by the government and public institutions, and the free transaction of private enterprises is never a world-recognized principle that the government and public institutions do not enjoy and Personal equivalent, because the government's actions must be disclosed to citizens; and this bill must be based on the overall interest in society.
The principles guaranteed by the law before the law - the right to sell products to the government will be exploited because the goods (software) provided must be exploited by the conditions provided by the bill. The limitations of the bill do not exceed the scope of national contracts and purchase regulations. (TUO BY SUPREME DECREE NO. 012-2001-PCM) This example did not make discrimination: it only defines (software) suppliers to use the use of goods to sell goods to government and public institutions (this is the government's public power) However, it is not limited to anyone / which company sells software to the government and public agencies (if there is a designation constitutes discrimination). Instead, the bill is essentially a firm anti-discrimination, as the bill does not leave any space to give the government and public agencies to the software launched for sale, which prevents the government and public institutions from buying any software merchants Software for discriminatory licenses and terms of use. From the above two paragraphs, it can be clearly seen that the bill does not harm the freedom of the private enterprise, because the company can choose what kind of license and terms of use, the use of the Terms of Use: Some software will be due to its license and terms of use Accepted by the government and public agencies, and some software will be rejected outside the three principles of the democratic republics proposed in this article. This proposal (with its currently restricted exercise), the right to respect the business freedom of private enterprises and their rights to choose Contracts (license and terms of use), any private enterprise (software vendor) can choose from The software or production of this bill or production is not based on the software stipulated in this Act, without any private enterprise (software vendor) is forced to buy its software in a certain type of license and terms; however, if any private enterprise wants to put the goods (Software) Sales buy to the government and public institutions, it must have a discovery to prove that this goods (software) are in the case. For example: If you are Microsoft Corporation want to sell a set of office suite to this government and public agency, this Act does not prevent you from selling the kit with a license and terms of use of this Act. If your company does not sell the software and use of the license and terms of use of the Act, this is the business decision of your company, the limitations of this bill itself. And let us continue, you should pay attention to: "2. The Act is to form discrimination in the scope of the government and public agency to purchase software and the use of software and the terms of use of software due to force to use free software. Unfair competition. "This is basically the first point of repetition, and I will see the above. Now let us look at the noun from the anti-fair competition. In any process known as the sale, it is determined by the party to buy something or service, so that some sellers can't participate in competition, but excluding them is not a priori The buyer is made into a series of products / service selection conditions set out in its will, and the buyer is not illegal. The requirements of this Act have no prior prior to this interpretation of the software, and it is legally unbalanced competitive behavior. Furthermore, the Act will provide a new environment that is conducive to the user's use conditions, higher quality products, and a software constant self-improvement environment due to a software supplies, higher quality products and a software constant self-improvement. On the other hand, what is a competition? Competition is to provide a better job for buyers / consumers, who is currently not known to market sales is not "product neutral", while marketing is to buyer / consumption The rational preparation behavior has no negligible damage (otherwise H Company will not spend huge money to sell products). This Act will minimize the illegal impact of marketing surgery to buyers / consumers. Because government and public agencies will focus on the market levels in the branch level due to the selection of products under the architecture of this Act. Instead of promoting the capacity, branches or resources of this company, this smaller company is more competitive with large-scale companies. Isn't this really impressive competition? I need to make a so-called "anti-fair competition behavior" and comparison with the anti-fair competition behavior of the Big Software Manufacturer. Software manufacturers often abuse its market leadership status, such as what is the problem when using its software, the answer is "Please use the updated version (software)" (of course, the user will pay! " ); As long as large software producers feel that there is a need, suddenly stop the branch support for the use of products, forcing buyers spend huge money and time to adapt new products (buyers often want to buy new hardware You need to transfer data transfer, reinstall the software and re-training and milking personnel, but because the stored data format is the software manufacturer's patent, the buyer is therefore "locked" by a software manufacturer, unless He is willing to pay a huge number to transfer to another software producer.
(Or also patented, the same problem may appear again!) You also proposed: "3. The bill enables government and public agencies to hit the policy meeting of software vendors that use free software-based business practices (with Patented software-operated local and international software producers, and the software producer in (based on patented software) is a large part of government revenue, manufacturing a large number of direct and indirect employment opportunities, The total value of the national product; vice versus, because the business model in which the bill is encouraged will only be positioned in the software service industry, and there will be no too much economic benefits. "I disagree with your statement, department The reason is that this contradiction is enough to vary your argument in the sixteenth point of the basis of the software service industry. In the contrary, if a large number of software producers operate in free software, it will inevitably give birth to a large number of software services, and their economic benefits are much larger than the number of software manufacturers to sell patented software. Moreover, the number of software service industries operating in the free software is a huge rising space. At the same time, although a huge software manufacturer operating in patents does not hesitate to hinder other software manufacturers' sight, there is actually any software manufacturer to prepare for the business model of their own interests. What's more, based on your statement that the government and public agencies are raised in the national software demand, so that it is sufficient to completely eliminate software producers of software producers in patented software. If this is true, the country should go to subsidize software manufacturers. If the two impossible things really happen, the country is of course the right to prepare a place where it thinks is the most valuable society; and the country really decides to subsidize software producers, Under the principle of influence and rational use of taxpayers, it will definitely operate software producers operating in free software. In terms of job creation, software manufacturers who produce patented software will only provide some branches, and there is not much economical conequate value. Why? In the local, because these people who provide folk support for transnational proprietary software producers, there is no chance to fix the wrong program, not their lack of lack of lack, but in the business model of patented software. Cannot contact the original program code. On the contrary, use free software type to operate, not only to cultivate more qualified follicles, and simultaneously architecture a software market that is truly milled and serving quality, so it will not allow the software market, which will enhance the whole society. Software knowledge. Moreover, more other non-patented software producers create living space to provide greater economic value and higher quality services. In this way, software manufacturers, software services, software use and consumers benefit. A common phenomenon in developing a common phenomenon is the most important income of the local software industry from the production of some additional software and providing branch support for ready-made software. Therefore, it is sufficient to make up for the demand for the implementation of this Act. The resulting negative effect is more affected. If multinational software producers do not want to participate in competition with new game rules, they are reduced in (patent) software license, but multinational software producers are not always accuseing piracy of their governments and public institutions. (Illegal copy) software!? Can this policy? Under normal circumstances, a company's performance is made by the market, and any company cannot escape the market or its rules of the game under the free market; many of the software producers who are only in the patented way have been ready to start saving Do you have different forms of services, this is not to prove that the two ways of free software and patent software can coexist? The Government uses this bill to protect some basic republican value, this is the right of the country without affecting the rights of constitutional protection. Under the exercise of its sovereignty. If it is not only an economic model (software business model) to guarantee these basic values, the bill is better. However, in any case, the country cannot be treated as it will choose an economic model (software business model) and add a software production industry. It can only be said that it has been made in historical factors (software business model " ) Can guarantee these basic republic values. You continue to say in the letter: "4. When the Bill uses free software for the administration of government and public agencies, it is clear that the free software's security and the threat of ensuring the executive, and it may also violate The intellectual property of the three will lead the so-called threat, but there is no instance to specifically explain how free software threatens the security and guarantee executability, thereby it can be seen that free software is for you. It is obvious that it is obviously not in the line, and I am telling you this. In terms of software security: In fact, the safety of national secrets and public information (and storage systems) has been discussed in several basic principles to be maintained. In detail, the fact that a person knows is the fact that Regardless of the terms of the free software or patent software contains errors or sets of programs: bugs, at the same time, the free software's bug compares the small and free software spend less time to fix these errors are also within the line.
Therefore, many public agencies that have developed a country's information (and storage system) security community are not unable to use free software with high security and efficiency. Under the public, general users and experts and personnel of the software community, it is impossible for patented software than free software security. The license and terms of use of patented software are banned the process of this publicly prosecution. We only believe in the oral commitments and good wishes of the software manufacturer. In addition, it is that when most of the patented software purchases most, the license is contained in (NDA) does not disclose the terms. The non-disclosure clause is inspired by fishing} The security vulnerability or bugs found in the patented software. In the software's guarantees: you should be very clear, otherwise, let's take a look at the license and terms of use of your patented software: The so-called guaranteed executability is limited to the storage medium in the case of absolute somewhere. Replacing the storage medium will never be done directly or indirectly in any case's compensation; for example, because of a security vulnerability on your company's products, you don't fix it in time, order to a hacker into a giant Y is an important national computer system failure; what kind of guarantee can be obtained according to the license of the patented software (no longer happening)? What kind of compensation is obtained? What kind of compensation? " Guaranteed executability, only defining a code code and the original manufacturer's design, there is no additional responsibility. What is the responsibility of the free software and patent software? Is the responsibility of the free software and patent software? In terms of intellectual property: intellectual property is not within the scope of this bill, this problem has been honest. Software production mode of free software will never ignore the issue of intellectual property, in fact, most free software is guaranteed by the IP Regulation. You include the issue of intellectual property in your argument, your legal framework for free software industry is also a known semi-solving, the results of the plagiarism of others have always been rare in the free software world; unfortunately, in the patented software There is such a thing: to give an example, Microsoft has violated the intellectual property crime on September 27, 2001, and was sentenced to three million Franclam. Just combating piracy (illegal copy) has always been a company often advocated. You will continue to say: "5. The bill misunderstood what is open source software (free software), free software does not necessarily represent the software is free to get or free, so mistakenly think that it can save money - estergeous I have not had an economically typical "cost-efficiency" analysis to support your conclusion. "This insight is wrong. In principle, free and open source is two independent concepts: some patented software is The charge (such as Microsoft Office), and some patented software is free to acquire or free (such as Internet Explorer), and some open source software is charged (for example, Redhat and SUSE LINUX set), more Some open source software is free to get and open source (such as Apache, open source office and Coslago, etc.); to some software licenses and terms of use, are the free and charge and open source Do not open the source code (eg mysql). It can be very affirmed that free software is not necessarily free to get (free). This Act does not require it to be free, you will know if you read this article; this Act is clearly referring to the freedom or freedom of money in money when it is clearly defined. Although the discovery of free software in this Act may be a license fee for governments and public institutions, the basic guarantee of this Act is still the three basic guarantees and stimulating local software industry. development of. Peru's as a basic guarantee for the Constitution to give citizens, so there is no L method, so it is necessary to use some publicly available source and Yunyi 允 蚹麊 n pieces and use standard data formats to store and Exchange internal information. This will weaken these basic guarantees for the Democratic Republic without the use of software that have the above characteristics. Fortunately, they also represent lower operating costs; however, even if their operating costs may be higher than patented software (I can easily deny this hypothesis), but as long as there is free software to make the same purpose, the country must To choose to use it; if this bill does not exist, the country is not so don't like this, it is not so don't do this, otherwise it will not be so good; otherwise it will abandon the rule of law of the Democratic Republic. You continue: "6. Free software does not necessarily represent the software freely or free, Gartner Group (a research on the international authority information book research institution) points out the software license fee (operating system and work software ) Only 8% of the overall cost of the system reasonably and efficiently, and the remaining 92% include: installation, enabling, support, system maintenance, and management and system average failure time.
Your argument has repeatedly repeated your paragraph of paragraphs, and there is contradiction with some of your third paragraph. For the sake of simplicity, please look at the response to the fifth paragraph in your belief, you point out that your conclusion is logically unable to stand up: Even according to GartnerGroup research points out the software license fee (homework System and work software) only account for 8% of overall operation costs, but this does not mean that there is no completely free software in the world - its license fee is zero! Furthermore, you correctly point to most of the overall operation costs Including: Installation, Make Action, Using and Treatment, System Maintenance (Scope of Software Service Industry) and Management and System Average Failure Time, this is not denying you in the third paragraph so-called "software The service industry only accounts for a small part of the software industry. "This argument is now using free software to help reduce these costs, can be seen from the following aspects how to help reduce these costs such as installation, use support. First, under the operation of the competitive free software mode, in the use and folk support and system maintenance, the buyer can choose a free software company who wants to choose a reasonably and providing quality service to contract. Other installations such as installation, the operation of the occurrence; the mode of operation of the basics, the application of the application software can be easily replaced by others, no need to spend huge payment (including paying twice for the same software), Because of a revised result, it will become a public knowledge; third, use more stable software can significantly reduce the system failure (blue, there is a poor intent, including computer viruses, worms, Sailo Malaysia , Program exceptions, general protection errors and other common issues of other window operation systems, and the most valuable advantage of free software is its stability. You continue to point out: "7. A argument behind the bill is that the so-called free software is cheaper than franchise software, but it is ignored that the company has some price plan for mass-scale procurement can be a lot of money for the country. Less States have adopted. "I have repeatedly pointed out the key to the problem of software, but the public can obtain public data anytime, anywhere, the public information must maintain integrity, state confidentiality and public (data and storage system) security and confidentiality Sex; these arguments have been described in detail in the above paragraph, here. On the other hand, of course, there is a price plan specially designed for large-scale procurement (unfortunately franchise software violates the democratic Republic), but you have correctly pointed out that this plan will only affect the overall operation cost. 8%. You continue: "8. In addition, the alternative software / homework system provided by the bill: (i) is obviously expensive, because the current software / operation system is transferred to the previous expense; (ii) has over the market The same type of free software will be made in the work platform of government and public agencies, and the work platform between government and public agencies and private enterprises is incompatible. "Let me talk to you Come to analyze, you have proposed in the upper half of the half: "Free software is obviously expensive, and from the current software transfer value of the past, it is actually a good idea to support this bill: because the time is dragged, It is more difficult to remove the new software / job system from the current software / homework system. At the same time, the security vulnerabilities exposed by the patented software have more accumulated; thereby, only the patented software and patented storage format will only Enables government and public agencies to rely on a patented software producer. Conversely, once the government and public agencies adopt free software (of course, some costs), all materials are stored in standard formats in free software, so they are quite simple from the current software / job system to new software / job systems. On the other hand, the cost required from the current software / homework system to free software / system is not necessarily compared to another set of patented software / homework system to another set of franchise software / homework systems. In your next half, it refers to the problems between the government and public institutions and the work system of the government and the public agency and the private enterprise in the work platform of the government and the public institutions. This statement represents your ignorance, and patented software in the production process of free software, and the design of free software will not especially strengthen the user's dependence on a working system, a software, even if there are dozens of free software The set, the free software program is similar to simultaneously, but they all store all materials in standard format, so this is not much affected between software and job system between the job platform; again, Since the free software complies with the request of this Act, it will be possible to make software and other software and operation systems. Then you follow: "9. Because most free software manufacturers do not provide enough after-sales support services and lacking software producers from reputable software, they can improve the guarantee of users productivity, so they will not be many international The public is recovered with the decision of free software, and the embrace of commercial patent software.
"Your view is not based, about software manufacturers can improve users in productivity, I have refuted you in your fourth point; in terms of after-sales support services, it is not necessarily required to support when using free software. Service (same as the patented software), even if it is required, it can be found from the local or international software support service provider and is exactly the same as the patented software. On the other hand, in order to discuss the needs, please tell me what international public teams give up using free software and use commercial patent software? I know, just the contrary, just have many international public team decided to use free software Abandoning the use of commercial patents, but did not see the situation you mentioned. Here, you will continue to say: "10. The Act suffocating the Creativity of the Peruvian software industry, the Peruvian software industry has a total of $ 40 billion, bringing $ 400 billion foreign exchange, and is the source of high quality employment. Using free software, the Peruvian programming staff will lose their intellectual property and large pen. "In this package, it will be clear that the country has not forced any software to sell its software in a free software. The only thing can be said if The software is not available in free software, and the government and public agencies will not purchase it. How do you say that the government and public agencies are not the largest market in their own software industry. I have explained how to produce high branches and high competitiveness of this bill, unnecessary. Your point of view is fallacy. On the one hand, there is never possible to issue software in the form of free software to lose his intellectual property, unless he voluntarily authorizes the program to become public. The free software movement has always respected the intellectual property, which has produced a group of people who have a well-known program, such as: Richard Stallman, Linus Torvalds, Guido Van Rossum, Larry Wall, Miguel de Icry, Andrew Tridgell, Theo de Raadt Andrea Arcangeli, Bruce Perens, Darren Reed, Alan Cox, Eric Raymond, etc. They are famous for their free software, which is known for the free software used by millions of people. On the other hand, there is no evidence or illustration. How to speculate that the license fee issued in the form of patent software is the main source of income of the Peru's program writer? How do I know that the government and public agencies use free software to affect the overall revenue of the country? You continue: "11. Because of the open The source code software can be disconnected for free, and the income of the country is limited, and the multiplier effect made by the buying software to overseas will be weakened, the development of the software industry is also frustrated. The country should be stimulated The software industry is your own responsibility. "Your words will once again give an ignorance of free software (open source software) market and operation mode, you try to disconnect software industry to buy software in patented software form is the only business method, You are still the most important source of income in the software industry before a few paragraphs. The purpose of this Act is to bring high-quality classes from Peru to make Peru's software industry in overseas competition through their experiences learned from the use, correction and improvement of free software at the national level. Propose you: "11. In this discussion, I touched the use of free software (open source software) in the teachings, but only the word does not mention the plan to replace the patented software in the same free software (open source software) in Mexico. The failure returns. Officers who originally proposed this plan pointed out that the free software (open source software) did not do it for students to provide a learning environment in school, and did not take into account the ability to provide folk support for this job platform in the national level, and freedom The software is not assessed in software and software and software and work platforms. "In fact, the direction of Mexico's plan is opposite to Red Escolar (school network); spending card is the core of their plan And the Non-Built-in IM I propose other considerations that should be more important in this Act. Because of this conceptual error, and leads to the Education of the SEP (Secretary of the Ministry of Public Education) to support the use of free software (open source software); they think that in the education community to implement free software (open source software) policy The method is: stop grants, then send a CD disc that contains a GNU / Linux software and operation system; it is so simple! This method is of course not good, how can it be 得? Similarly, please try to stop allocation The service funds for the support and maintenance of the school's school for patented software! It is this experience. This bill is not self-limited to mandatory free software, and provides a viable transfer plan, the country will gradually Solve the problems encountered to enjoy the benefits of free software.
