IDC predicts that open source software will meet "significant growth, fuelled in particular by the public sector." Thats great news for open source, and good for the government if indeed open source makes better products and provides more value than proprietary alternatives. When thinking of increased government use of open source, several questions deserve consideration however.

As I pointed out in my recent post on the Defense Department's "Roadmap" for Open Technology Development (OTD), government adoption of open source still faces many questions relating to IP and market issues. These include:

Does Internal Government Open Source Use Entail "Parallel" Shifts that Act as "Open Source Preferences" for External Contracts and Procurement?

OTD’s support of OSS aims not only to change software code practices inside the DoD, but also in supporting OSS more generally, stating that various DoD programs can “promote the use of OTD by forcing contractors to use OSS and promulgate those changes…back into the private sector or DoD enterprise.” 31.

Will Government Adoption of Open Source Choose the Best Technology Solutions? Will the Government Consider all the Costs Associated with Open Source Technologies?

"…it can be argued that technology is now a “commodity”, especially areas where robust open source solutions exist. Commodities should be acquired in an open market using commercial practices. Technological development and integration on these commodity open source technologies should be treated as a professional service, not a product." 20.

Is There any Such Thing as Market Failure Comparison (the general justification for government driven market policies) Between Open Source and Proprietary Software, When Many Investments into Open Source Concern Marketing, Sales and Support Rather than R&D Costs?

“(Open source) funding should be focused on areas where external investment is not being made, areas where military requirements are not being addressed, and classified technologies.” 17.

Will Government Blame Private Industry for Its Own Lack of Understanding on IP Issues in Open Source if It Does Not Investigate Those Concerns Now

“A detailed legal study on the issues involving open source, IP, copyright, U.S. government law and contracting needs to be coordinated.”54. ASC proposes itself as “a nexus for the coordination and assembly of legal knowledge and groundwork that are relevant…” 54...the uncertainty of IP has caused internal DoD technology managers to be “intimidated by vendors who make sweeping but unfounded statements about the IP… implications of open source.” 54.

posted by Noel Le @ 11:23 AM | Free Culture Movement, Tax-Funded IP

Link to this Entry | Printer-Friendly | Email a Comment | Post a Comment(0)