Digital Law has taken another step in its tortuous journey to enactment: MEPs concluded yesterday to finalize the text to be presented to the Assembly in public session from January 19. The Law Commission has reviewed the many amendments tabled by Members and in particular retained several provisions to encourage the use of free software and open formats in government, and the openness of software and data source codes produced by public institutions.
These provisions are in particular contained in Amendment No. 393, tabled by the Socialist Group, Republican and citizen (SRC). This was preferred to the environmentalist amendment intended to give “priority to free software and open when developing formats, purchase or use of a computer system. “In default priority, the Socialist amendment adopted by the Law Committee merely” encourage “the use of free software.
The distinction is subtle, but nothing trivial. This is also the amendment, which reacted in a statement the software publishers associations: Fevad, the Afdel, Syntec and SFIB thus concerned an amendment that seeks according to them “to dictate choices of corporate business models. “In their statement, the associations point out that the majority of software vendors have chosen a proprietary model and that these measures introduce” discrimination “with regard to public procurement.
Meanwhile APRIL issued a statement welcoming the amendments relating to the promotion of free software, but denounced “a trap” in the amendment tabled by the CBC group. “It’s a trap amendment which has the effect of avoiding the possible adoption of an amendment” priority free software “, in favor of a provision that is not likely to change anything for the free software “explained the promotion of free association in a press release of 12 January.
Unfortunately, this is “the trap” which was chosen by parliamentarians, who have ruled in favor of prioritizing encouragement. One way to spare the goat and the cabbage that is likely to displease the libristes, campaigning for years for a legislative framework giving priority to free software in the administration.
The measure had to also met a strong enthusiasm during the consultation open to the public on the bill, but the government had replied that it conflicted with the principle of free administration of local authorities, enshrined in the constitution. This provision is therefore not accepted by the bill. The software publishers associations will be able to breathe and turn to other proposals they challenge the Digital Act, including those relating to personal data.
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