The examination in public of the bill for a digital republic and these amendments began this Tuesday, April 26 in the Senate. Preference to free software, undistorted communication source code … Parliamentarians are trying to take this opportunity to reintroduce in the text of sensitive provisions that were rejected in the Committee on Laws. This is particularly the case of the provision to promote free software and open formats in government.
preference to free software
Introduced by Senator Joëlle Republicans Garriaud- Maylam, amendment 393 is designed to restore Ter Article 9 of the text adopted by the national Assembly in late January or simple encouragement to the use of free services and in public institutions. An orientation that had nevertheless been removed by a vote of the Law Committee of the Senate early April. Amendment 393 states: “State services, administrations, public institutions and public sector companies, local authorities and their public institutions give priority to free software and open formats in the development, the purchase or use of a computer system. The implementing rules of this Article are defined by decree of the State Council “.
joëlle garriaud-maylam and takes the concept of ” priority “ promoted before it by members, without success so far, the government pointing the “constitutional risk” of such preferably etched in the law. For the senator, despite everything, “priority to free software does not lead to discrimination between economic actors and therefore no break with the conventional operation of a public contract, in compliance with the principles of equal treatment and freedom of access “. It notes, moreover, that “respect for the principles of public procurement as part of a contract requiring the use of free software has also been recognized by the Council of State in a judgment September 2011 ‘. And “registration in the law a priority to free software was passed in 2013 with the adoption of the bill higher education and research.” The rapporteur of the text in the Senate, Christophe Frassa, is unfavorable, unlike supporters of free software, including April, which also think that such a priority is compatible with the public procurement code.
Communication source code
April, an association that promotes and defends free software, also argues for a listing in the law of undistorted communication source code software to citizens. The source code is considered a communicable administrative document, as reaffirmed by the deputies in January. But senators are more divided on the issue.
The amendments 181 and 438, that wanted to see adopted, April were rejected. They were especially spread the 3rd paragraph of Article 1a and remove any “disproportionate obstacle and no technical basis for the source code of communication” , for one, “extensions derogations to the source code communication “ for the other. These amendments were tabled respectively by the environmentalist Senator of Maine-et-Loir, Corinne Bouchoux, and senators Eliane Assassi, Jean-Pierre Bosino and Patrick Abate Republican Communist group and citizens.
The question of the source code communication is also far from unanimous. Other MPs are opposed, even if they eventually retire in late afternoon their amendment 273 rectified. This was to delete paragraph 1 of the text or the ability to communicate the software source code produced by and for the administration. Because “ the source code communication has deterrent effects on innovation, both for companies with a public service mission for their partners, since the transmission source codes allow anyone to appropriate new technologies without having to make any investment “.
remember that the communication of the source code of a tax administration software was confirmed earlier this year by the Paris administrative court. A decision over a year after the favorable opinion of the Commission for access to administrative documents (Cada) …
See also:
the source code of the software freely accessible administration
preference to free software in the administration: the gift of the law bonux Lemaire
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