The debates on the law brought by Republic Digital Axelle Lemaire extend to the Assembly. Unsurprisingly, ensure deputies later in the evening to debate the 600 amendments tabled, after long discussions of the Law Commission. And care should be taken last night to see the hemicycle debating to 22 hours of the issue of free software, but it was worth the effort.
An amendment that was not obvious
Quick reminder of the stakes: Article 9b of the bill for a Digital Republic, from debates Law Commission provides that “the State services, administrations, public institutions and public sector companies, local authorities and their public institutions encourage the use of free software and open formats in the development, purchase or the use of a computer system. “
An item that was not obvious as the fort reminded about the PCF deputy André Chassaigne during debates. “At first, it had not been retained. This is the result of a very strong mobilization of Internet users in the consultation process, a form of Socratic citizenship which allowed the issue of free software appear in that Act “This proposal had indeed been initially rejected by the government before being reintroduced Law Commission and has since made its way to the meeting
“I would still like to recall that there was a very strong lobbying to oppose this amendment,” continues André Chassaigne “And it’s understandable! The proprietary software sector weight is extremely important. “We actually saw groups spend releases representing software vendors such as Afdel or Syntec, worried about a provision that would weaken proprietary software publishers face SSLL (Free Software Service Company) in their access to public order.
And the choice of words is important here: first, the government and deputies sensitive to the arguments of software companies lean towards a simple “encouragement” of free software. On the other side, others blame this writing character too little binding and propose amendments to include in the law a “priority” to free software.
But the debate was obviously expected from both sides and arguments are carefully chosen. The rapporteur Belot Luc (PS) recalls the principle of free administration of local authorities, already wielded by the government to block these amendments during the public consultation. “The issue is not whether we are for or against free software, but whether we proposed in the context of state services,” says Luc Belot. Another concern raised by the rapporteur prioritization of free software against the principle of equality in public procurement, the case law is, according to the rapporteur, eloquent about it.
Axelle Lemaire on his side trying to calm the debate and called for pragmatism. She took the opportunity to recall the balance of the various ministries in the matter and took the opportunity to quickly slip an explanation of the agreement between the Ministry of Education and Microsoft “Regarding national education, it actually refers to a priority of the use of free software (Editor’s note: In the Education Code), but for external use, in relationships with users. Now it seems that the market passed a great actor proprietary software is only for internal relations. “
A response addressed to Delphine Batho (PS), which had stressed that provision of the national education code ten minutes early to support his amendment. The Secretary of State would favor a “Software secularism” and denies any ideology on the subject.
Limit
Unfavourable opinion therefore, despite the objections of deputies Isabelle Attard (Ecolo Group) and Christian Paul (PS). “There is no inconsistency between the use of free software and the procurement code,” says the deputy. Same story at Isabelle Attard, recalling that free software “is not a different technology, but a different license”. And finally completes André Chassaigne set foot in the dish and fully assumes “the ideological choice of free software” recalling that the word used in the end no matter if the political will of the government does not follow.
The contrast between the two sides is clear, but the amendment 583 was finally rejected by the assembly. Similar fate for the following amendments, beaten in the face despite the arguments of Deputies for a prioritization of free software. The libristes console themselves by saying that “encouragement” in the legislation is always better than a circular, the bitterest see there a missed opportunity to give a real impetus to free software in France.
The lively debate nevertheless reflects a true awareness of the importance of the question that agitates the IT community for many years, but still rather timidly addressed in the Chamber.
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