"Free" and Open Source Software: A Revolutionary Phenomenon for Advancement in Developing Countries Like Nigeria

By

Ben Oghre

 

 

Citation: Dissertation, legal issues with the use of open source software in government and public service. Sept, 2005

 

By using the "free" Linux operating system instead of proprietary alternatives like windows 98, NT, 2000, XP, and "free" applications like open office instead of Microsoft office XP, 2000 and 2003; the cost of acquiring new and used computers is significantly cheaper. Licensed software and applications push up the cost of new hardware, desktops, laptops and other equipments; the combined cost of hardware and expensive software prevents the poor who mostly live in the developing world access to information technology. Governments of these developing countries spend so much on license fees at the federal, state and local government levels that they are unable to provide enough and adequate information technology resources for development of infrastructures like hospitals, schools, government offices and other public organisations. The result is under funded institutions providing inadequate services to the population; inadequate infrastructure for learning in schools, ill equipped government computerized services and lack of access to new technologies.

 

The economies of many developed countries are driven by advancements in technology, affordability and access to new high tech software means they are light years ahead of developing countries. The developing countries inability to afford these infrastructures is a stumbling block to development, the emergence of "free" and open source software (OSS) is an advantage that will help developing countries assist technological development that may eventually aid socio-economic improvement.

 

When in 2003 the Government of Brazil decided to move away from software like Microsoft there were mixed feelings among many countries that have always depended on proprietary software, it later emerged that Brazil did not only save $300 million annually on license fees to companies like Microsoft, Brazil also made software usage cheaper, more access to computers for citizens, and even internet cafe affordability to more people. Prior to the adoption of open source software, only 10% of Brazilians could afford to buy new or used computers, thanks to open source software that number is rapidly increasing.

India, a developing country like Nigeria has not only taken advantage of the economic benefits of "free" and open source software but has created a high tech technology economy from tapping into the open source market, Indian has not only proved that providing technological services like service centre support and software development is viable but that its citizens can look to information technology as feasible career alternatives. The Indian institute of information technology plans to make India an IT Super Power by the Year 2008. Already Indian’s high-tech IT industry helps the creation of wealth, employment Generation, IT led Economic progress, Spread of IT to the masses and Ensure speedy IT led economic growth.

 

How OSS can help.

 

With increasing globalization and the rapid advancement of an environment where technology is the driving factor [1], it has become important to devise cost effective means to implement software that will be user friendly and easily operable. Further, in view of the increasing rates of cyber crime and hacking [2], maintaining the integrity and security of data also assumes importance; many now seek alternative software providers who can guarantee safety, stability and reliability of data.   The long term dominant player in the software industry has been Microsoft; [3] however, significant competition now arises from Open Source and Free software promoted by the Free Software Foundation which offers free licensing of its products and opposed to proprietary software. [4] Recent initiatives have pushed for promotion of OSS in many countries as a cost effective alternative to how relevant and useful OSS would be for Government establishments. [5] Although the legal challenges of OSS are inherent in all countries, countries have developed different legal responses and legislations to tackle the problems.

 

What is open source?

Most open source software may be said to be in the public domain – where the creator of the work has given up copyright and therefore, any member of the public has free access to and use of the software. The regulations governing the use of Open Source software are such that they prevent restriction and/or discrimination of any kind. [6] The Open Source Initiative involves certain provisions in reference to software licenses, such as the availability of source code with no royalty or fee imposed upon such procurement. All kinds of modifications are permitted, including modifications to derivatives and rights granted to the derivative programs on par with the original source code programs. No discrimination is permitted against any person/s or group/s and restricting other software is strictly prohibited, thus both the closed and open software can be distribution simultaneously. [7] Copyright law endows the creator of the work with the exclusive right to display the work [8], which is protected through a license in the case of software. In order to qualify for classification as free or open source software, a license granted must therefore allow for the freedom to run the program, make improvements to it and distribute copies, with an additional provision that source code may also be accessed. [9]

Open Source licenses may be further classified into (a) Non-protective licenses and (b) protective licenses. The former allows free distribution of derivative software, therefore it is akin to being in the public domain and is freely usable and can be distributed freely with no restrictions; but the Protective license does not permit redistribution of the software, modified or otherwise, unless it carried out under the same license. Thus, those who have a protective license may permit users to display and perform, and may not include rights to distribution and extensive modifications. Such modifications will result in the production of a derivative work which has been set out as following:   “A “derivative work” is a work based upon one or more pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a “derivative work”. [10] In a derivative work, the copyright protection afforded to a creator will be limited to the extent of his contribution to the work under article 45b of the Copyright (Berne Convention), Act, 30/05/1985. [11] Therefore the license functions to a limited extent as a restriction on a derivative work, since it does not allow for distribution and proprietary rights for derivative work.

 

Summary of the Brazilian government’s open source policy and implementation

Some developing countries are adopting OSS policies as means of achieving technological improvement and bring economic prosperity to citizens without incurring prohibitive costs. In 2002, Peruvian Senator, Edgar Villanueva Nunez championed the cause of a bill encouraging the use of OSS.[12] Retaliating in response to Microsoft's lobbying against the bill, he declared that OSS was the only way to bring about transparency in Government operations through citizens' access to public data whose permanence would be ensured, increased security and the responsible use of public funds.[13]

Brazilian President Luiz Inacio Lula da Silva strongly supports OSS as a means to ensure that Brazilians may become technically proficient without incurring the "economically unsustainable" licensing fees charged by Microsoft. [14]  President De Silva has taken bold initiatives to implement OSS and the New York Times writes: "Since taking office two years ago, President Luiz Inacio Lula da Silva has turned Brazil into a tropical outpost of the free-software movement" [15] However, these changes were initiated even earlier, since 2001 when the Brazilian municipalities passed laws mandating the use of Open source software in villages, through the system of PC Conectado (PC Connected). Open Source software has a tremendous advantage in developing countries such as Brazil because it is much less expensive as compared to Microsoft's more expensive proprietary versions. The age of technology is catching up all over the world and bridging the digital divides on limited budgets has more and more Governments erupting into a cry of "software libre!" to reduce Microsoft's near stranglehold on the software market . [16]

Brazil has introduced technology and software use in every aspect of its functioning. It had been importing about U.S. $1.2 billion worth of software from Microsoft, but through aggressive legislation to push through Open Source software, the Government proposes to reduce its expenditure through replacing Microsoft's computers with 500,000 Government and school computers from Linux. [18] The Telecenter Project commenced in Sao Paolo, Brazil provides free internet access and computer use to 128 poor neighbourhoods using Debian Linux and Linux Terminal servers [19]. The Brazilian Government has also initiated several proposals for introducing OSS at various levels of Government. As a preliminary move, the Government has beefed up its R&D into OSS and its applications through an agreement signed with Linux systems [20]. Training and support systems have been introduced in order to disseminate information and knowledge on operation of OSS systems through the CDTC (Technology and knowledge Dissemination centre). [21]

The efforts of Brazil government in promoting open source software gained considerable publicity from European and US information agencies. [22] Brazil occupies a position somewhere in the middle of OSS enthusiastic governments, "Brazil is prominent in that it has prompted OSS adoption on virtually all levels starting from the President and ending with municipal agencies". [23] Notably, the country officials has reached a unique consensus on the benefits and perspectives of migration to OSS and ventured a massive market intervention. In this regard, it seems interesting to compare the position of Brazilian officials with that of their colleagues from the country at the opposite end of the spectrum, for example, the United Kingdom.

Brazilian legislators considered and approved much less OSS-related propositions than was so far produced, by November 2004 there were only two approved initiatives related to OSS. At the interagency level there was signed an agreement between Brazil's National Institute of Technology of the Information (ITI) and the Korean IT Industry Promotion Agency (KIPA) to exchange OSS experience. [24] (Nov 16, 2004), three months earlier, the government signed a cooperative agreement with OSS consultation companies to create a Technology and Knowledge Dissemination Centre (CDTC) to promote open standards-based solutions through training and support. [25]

At the same time, there were a number of propositions (some declined some pending considering) which bear a spirit of ongoing discussion within the government. So, in September 2003 Federal Data Processing Agency (Serpo) proposed that all of Serpo's workstations and the federal govt e-procurement system (Comprasnet) will adopt OSS. [26] The project was also to serve as a test of open source. October 2003, the Ministry of Science and Technology has the first Free Software Workshop which recommends the use of OSS in the Federal Government. In November 2003, the Institute of IT articulated the initiative that ministries and other agencies use OSS, as well as evaluated how IT could benefit from open-software. Later that year it was proposed that at least five ministries in the federal government switched to OSS. In addition Brasilia is providing incentive for states and local governments to follow. [27]

On the municipal arena, OSS adoption process has gone significantly farther. In 

State of Rio Grande do Sul use of FOSS was made mandatory to all governmental agencies and, surprisingly, non-government managed utilities, when available. [28] Legislation of states of Espirito Santo, Santa Catarina and Parana also requires that the preference is given to OSS systems and programs by state public administrations and state-owned companies. [29] Apart of authorizing the use of OSS in state governmental agencies, a bill in April 2003 state of Mato Grosso do Sol also listed OSS advantages before proprietary software. In states of of Bahia, Minas Gerais, Rio de Janeiro, and São Paulo OSS favouring legislation is pending adoption. However, the outcome of legislative process seems so predictable as to allow the state of São Paulo to sign a cooperation agreement with OSS consultation companies to train 980 state government professionals in OSS and OSS IT management. (Nov. 29, 2004) [30]

If one looks at the rationale for OSS adoption as articulated through the language of Brazil government/states organs' decrees or directives, the most recurrent arguments draw on cost saving, innovation, helping domestic industries (nationalistic) and even ideological rationale. As regards the latter one, governments' justification of OSS migration based on ideological rationale is likely to find a greater resonance in developing countries, like Brazil. For example, in his address to the Brazilian Congress, Richard Stallman, one of the champions of the open source revolution said:

"I find in Brazil considerable awareness that free software is a social and political issue as well as a practical and economic one. The programmers and users that I have met here are very receptive to the ideas of freedom that free software represents." [31]

Cost saving rationale is cited as being most powerful determinant, however, the formulae for estimation of the total cost of software ownership needs improving. [32] Proprietary software developers emphasize that the service (consultation and maintenance) costs of OSS are significant and must be factored in when estimating its cost effectiveness. It is also true that such kinds of costs are incurred with time and with certain formulae might not be appropriately related to the cost associated with software exploitation. [33] In this regards, upfront cost incurred through licensing the proprietary software for use are more easily discernible and may discourage investment in proprietary software from the start. Moreover, in such debt laden country as Brazil considerable upfront expenditures may have certain implications.

Another important rationale of Brazil governments is that OSS spurs innovation and helps bridging the technological gap between the developed and the developing nations. Sergio Amadeu, the open-source enthusiast appointed to head Brazil's National Information Technology Institute by Silva after the president took office this year comments that

"The gap between the needy and the wealthy will only deepen unless the poor have easy access to the technology that the rich have at their fingertips, especially in developing countries." [34]

Nigeria should take the same initiative started by other developing countries like Brazil and Indian to initiate and promote similar software development initiatives that will benefit the public and private sectors of the country.

 

Ben Oghre

Co. Wexford, Ireland


References


 

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§1-107, Title 17, U.S. Code

 

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