[Fsf-friends] NEWS: PIL Seeks Window out of Microsoft

[Frederick Noronha (FN)]

		There seems to be a mix-up between the
		kernel and the OS ("Linux is an open source code
		operating system developed by software
		programmer Linus Torvalds...") but the
		report below is interesting. Lawyer friends
		in India however caution that hastily-drawn PILs
		could also have unintended effects. FN

PIL SEEKS WINDOW OUT OF MICROSOFT
The Financial Express, June 12, 2003  www.financialexpress.com

Sudarshan Kumar | New Delhi | June 11

EVEN AS Microsoft wages war against rival open source operating system 
Linux around the world, a public interest ligitgation (PIL) filed in the 
Jharkhand High Court could add fuel to the open source versus proprietary 
software debate, particularly in the e-governance space.

The Redmond, Washington-based Microsoft is ubiquitous through its popular 
Windows operating system which runs most of the world's desktop computers.

The petition filed by a high court lawyer in Ranchi pleads for a directive 
to the Indian government and the state of Jharkhand to implement cheaper 
open source (read, Linux) software instead of expensive proprietary 
products.

There has been a renewed thrust within governments, both in the states and 
at the Centre, to evaluate alternatives on Linux.

Linux is an open source code operating system developed by software 
programmer Linus Torvalds to offer an alternative to the Unix system, 
variants of which are offered by leading vendors in their proprietary 
versions.

The Linux source code is free to everyone under a general public licence. 
The term 'Linux' was developed from 'Unix' and 'Linus'. The 
petitioner-lawyer, Manish Kumar, did not wish to go on the record to share 
details of the petition. However, sources familiar with the process said 
point of admission hearing has been fixed for June 12.

The petition says the proprietary software is available at a high price 
and its source code cannot be modified except with the approval of its 
owner. The code for open source software is, however, freely available and 
can be modified according to the user's requirements.

A Microsoft spokesperson said the company could not comment on the PIL "as 
it is sub-judice". However, sources close to the company said Linux was 
often used by government officials as an "arm-twisting" tool during 
negotiations.

On the open source debate, Microsoft India head of marketing Sanjiv Mathur 
said: "Both commercial and open source software play important roles in 
the broader IT ecosystem -- and in supporting IT-related development. The 
commercial software model has effectively demonstrated development-related 
advantages, including cost-effectiveness, opportunities for growth, 
long-term sustainability and affordable access. These advantages will 
largely be lost if developing nations, like India, adopt biases against 
commercial software or enact policies that inhibit the growth of a 
domestic commercial software industry."

Microsoft has recently invited Jharkhand chief minister Ajun Munda to a 
'government leadership summit' in Redmond. Mr Munda, however, did not 
attend the mid-May meet.

The company has been persistent in its evangelising effort to woo 
governments and corporates alike across the world to implement its 
proprietary products and solutions.

Critics say these licensing deals lock customers into heavy initial 
investments and regular payments for 'upgrades' to improved versions that 
are launched periodically. 

The software maker last month lost a key battle against Linux in Munich, 
Germany, where the city council decided to switch its 14,000-computer 
network to the open source operating system.

Linux itself came under attack recently, albeit indirectly, with Unix code 
owner SCO Group (formerly Santa Cruz Operations) suing IBM (International 
Business Machines) for an alleged breach of contract. SCO says IBM handed 
over pieces of its proprietary Unix code to Linux developers. While IBM 
has denied any wrongdoing, Microsoft expressed tacit support for SCO by 
licensing its Unix technology. (ENDS)
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