Are free software supporters about to make a fight? Although it is still too early to say, they have in any case managed to put the issue at the heart of discussions on the draft digital Axelle Lemaire law, considered by the National Assembly from Tuesday.
Unlike so-called proprietary software like the Microsoft Office suite or Apple Mac OS, the source code of free software is open (we speak of open source ). This allows everyone to seize to examine in detail and continuously improve. This transparency also protects the malicious intrusions.
While promoting free software was part of the digital government strategy unveiled last summer, the digital Axelle Lemaire Law was not intended to legislate on the subject. At issue: the fierce opposition of software publishers who refuse categorically that the state favors one type of solution in the law over another
So the first version of the law of digital. Axelle Lemaire did not address the topic at all. Supporters of the “free” were then mobilized during the citizen consultation. They demanded that the government imposes on governments the mandatory use of free software. With a large popular support for the key … but an end of inadmissibility of the government. The reason ? The “ Constitutional risk” of such a preference, in the words of Axelle Lemaire.
The offensive Delphine Batho
Clap end? Not at all. Last week, in Law Commission, Delphine Batho and twenty socialist deputies returned to the charge. With an offensive in two stages. First, to adopt the amendment CL 393, which states that government services should “encourage” the use of free software and open formats by administrations.
The amendment, which was supported by Axelle Lemaire, the Secretary of State to digital, has been adopted.
The second step is played this week, when considering the text at the meeting. Based on its initial success, Delphine Batho, always she filed a new amendment (583). The goal? “ Improve writing ” of its previous amendment replacing the encouragement by the notion of priority. “ The open formats are used first in the development, purchase or use of a computer system” , she wrote. His proposal was supported by three other amendments. The first comes from his Socialist colleague Christian Paul and two of communist and environmentalist groups, represented by André Chassaigne and Isabelle Attard.
Sovereignty Issue
now remains whether parliamentarians will vote these amendments or settle, at least at first, a mere encouragement to free software. For the PS deputy Christian Paul, the “free” is a digital sovereignty challenge for France:
“ Free software is inherently transparent While. scandals tapping and data interception multiply, it seems essential that the State, administrations, public institutions and public sector companies prefer the tools they can acquire full control “ says -t it.
For the State, the use of free software also has the advantage of being much less expensive than proprietary solutions. Hence its gradual implementation in its services, especially since 2012. As noted in the circular Ayrault May 2012, free software “ ensures the freedom to run the program for any purpose, to study its functioning and adapt it to their needs, to guarantee the freedom to redistribute copies and improve “. Former Prime Minister encouraged the authorities to switch from one model “licensing cost / maintenance cost” (the proprietary software) to a “cost of service” model to fit the “ software to the real needs of the user entity . “
So many digital experts believe that the rise of free software is an inevitable movement. Since 2012, their use is becoming more democratic, including for businesses. According to a study for the National Council of Free Software (CNLL), the sector weighs 4.1 billion euros of turnover (sales) in 2015, employs 50,000 employees and create between 3,000 and 4,000 jobs per year. The increase in revenues is impressive + 33% compared to 2012. And the outlook is radiant: the sector should generate 6 billion euros in sales in 2020 and represented 13% of the total market for software and services, against 5% in 2012. However, it remains very much a minority: the owner of the software market is estimated at € 50 billion in 2015.
in red alert Software Professional
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PS deputies attempt to accelerate this transformation by making the mandatory open source also faces many obstacles. The French Association of Software Publishers (AFDEL), which represents most of the companies selling proprietary solutions, believes that this would be “ a deviation from the principle of technological neutrality of the State” . And would deal a heavy blow to the software industry, which is “90%” of publishers who have chosen the proprietary model, and “would be de facto excluded from the public order “, yet crucial.
The Union of Industry of Information Technology (SFIB), the Syntec Numérique and 25 publishers leaders including Cegid or Oodrive have co-signed the appeal. The proprietary software market is worth 50 billion euros in France in 2015 and certainly would suffer from being excluded from public procurement.
In addition, forcing the state to resort to open source might require Also change the code of public contracts which requires technological neutrality of the state. The Constitutional Council could therefore retoquer socialist initiative
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& gt;. & Gt; & gt; See the introductory statement of Axelle Lemaire in the National Assembly – digital Republic Act (19 January 2016)
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