[sklug] Call for corrections/critics: Directive on free software version 0.1 (European Union)

[Neuromante]

Call for corrections/critics: Directive on free
software  version 0.1


Dear friends,
i prepared a very early draft version (version 0.1!!)
of  a proposal of European Union Directive on free
software which will be presented by the Green party.
As already done with previous proposals of law in
Italy i propose to all (of the free software
community) to contribute and check the text (both from
the point of view of content and grammatical aspects).
The proposal of directive itself is based on the text
of the italian proposal of law that arose after a
large debate among the italian free software community
so that the final "product" was a common result. The
proposal of law was presented by Sen. Cortiana (Green
Party) and, even if it has not yet been discussed (!),
it caused some important motion by the Civil Service
in Italy.
A problem will be to recover all the corrections
proposed. I'm afraid the only possible way is to
concentrate on me all the
corrections/variations/critics and so on (as already
done with the italian proposal of law).
This mail is distributed under a GPL-like licence and
you can send it to whoever you want.
I won't be able to follow the possible debate on all
mailing lists, hence i please you to send a copy of 
the key "consensus" messages arising from the debates
to one of the following addresses:
gruppo.verdi na comune.fi.it
alessio.papini na tin.it
neuromant99 na yahoo.com
For "traditional" connections: Phone/fax
00-39-055218896 ; only phone 
00-39-055-2768379. The secretary of the Green Party
Group of Florence will answer and may be the english
skill will not be completely perfect .....
Ciao to all!
Alessio Papini, city councillor of the Green Party of
Florence (Italy)
----------------------------
PROPOSAL OF DIRECTIVE
"Rules about pluralism in informatics, adoption and
use of free software and on the portability of
informatic data by the public administration" 

RELATION

HEADING 1- GENERAL PRINCIPLES
Art. 1
(Aims of the directive)
1. The European Community promotes informatic
pluralism, guaranteeing the access and freedom of
choice of informatic platforms, eliminating 
barriers due to different standards.
2. The European Community supports the development of
free software, like as computer programs corresponding
to the requirements described at points a), b), c), e)
of the art. 2 of this directive, because of the 
positive effects on public economy, on market
competition, on the development of scientific and
technological research. The Civil Service, on 
the basis of best economical convenience of the
management of public services, prefers the use of free
software.
3. No copyright charge is due for free (without
economical remuneration) exchange of free software.

Art. 2
(Definitions)
For the aims of this directive we define:
a) free software licence: a users' licence allowing to
the user, besides the right to use a computer
software: the right to have at his disposal the whole
source code and the right to study its functioning;
the right to modify the source code; the right to
distribute the software and the modified source code.
A free software licence cannot prevent someone
receiving a copy of the software from having the same
rights enjoyed by the one, who gave him the copy.
b) free software: each computer software distributed
with a free software licence as defined in art. 2,
paragraph a) of this directive.
c) open source computer software: each computer
software for which the whole source code is available
to the user, regardless of its users licence.
d) proprietary software: a computer software released
with a users licence that doesn't meet the
requirements described in art. 2, paragraph 
a) of this directive. 
e) free data format: the saving and interchange format
of informatic data whose whole implementation
specifications are available to and freely usable by
users for every aim permitted by law. Free data
formats must be completely and deeply documented. No
constraint to use these data formats is allowed. 

HEADING II: PORTABILITY, ACCESSIBILITY AND SECURITY 
Art. 3
(Right to portable development)
Everyone has the right to develop, publish and use an
original software compatible to the communication
standards and saving formats of another software, even
if a proprietary software.
Art. 4
(Documents)
1. Everybody legally publishing public data in
electronic format has to guarantee the access to them
to all possible users by using open communication
standards and free data formats.
2. For publishing in electronic format of data whose
availability and accessibility must be legally
guaranteed it is necessary to apply the article 4,
paragraph 1 of this directive.
3. Whenever it were necessary the use of non-free data
formats by the Civil Service, the Civil Service has to
justify analitically this necessity explaining why it
is not possibile to convert data in free data formats.
The Civil Service has to provide a version of the data
in free data formats, as similar as possible to the
non-free version.
 Art. 5
(Processing of personal data or data related to public
security)
1. Everyone processing personal data with electronic
instruments or data the developing of which could
damage the public security, is obliged, in this
activity, to use open source computer software.
2. The source code of computer software used by Civil
Service for processing of personal data must be
conserved by the Civil Service itself to permit future
possibilities to verify the security levels and 
reliability.
3. The knowledge of the type of software and the
possibility to check the source code of the software
used for personal data processing with electronic
instruments must be available to the citizens owners
of the personal data.

HEADING III - FREE SOFTWARE 
Art. 6
(Duties of the Civil Service)
1. The Civil Service has to use for its activity
computer software of which the source code is
available.
2. The Civil Service, choosing the computer software
necessary for its activity, prefers free software or,
alternatively, open source software. If it were used
open source software, the supplier must permit, 
without additional charge, the right to modify the
source code. The availability of the source code is
related to the possibility of the Civil Service to
adapt computer software to its needs.
3. The Civil Service that decides to use a non-free
software has to analitically justify the reason of
this choice.
4. The Puclic Officer buying non-free computer
programs without a real necessity, will respond
economically of the possible higher expense suffered
by Civil Service.

HEADING IV - PUBLIC EDUCATION, RESEARCH AND
DEVELOPMENT 
Art. 7
(Incentives to research and development)
1. The European Union will develop annually a
specifical research program on free software for
research projects proposed by local autorithies 
and private organizations for the development of
computer software to be released as free software, in
the framework research programs of the European
Community.
search program on free software for research projects
proposed by local autorithies and private
organizations for the development of computer software
to be released as free software.

Art. 8
(Education)
1. The European Union supports the introduction of
contents and principles of this directive in the
school systems and the educational programs of the
member states of the European Community. The
particularly high educational properties of free
software in the field of informatic education is
recognized.

HEADING V - FINAL PROVISIONS 
Art. 9
(Implementation)
1. Within 180 days since the publishing of this
directive, the member states will adopt a law to
implement the content of this directive.
2. Within 180 days since the publishing of this
directive, the member states will adopt a regulation
to define the mode for the optimal introduction of
free software by the Civil service; the economical and

technical evaluation of the actual projects and the
new projects or modifications to be adopted to permit
a progressive introduction of free software by local
autorithies. The implementation of this directive
doesn't expect to increase the costs for the Civil
Service and hence it doesn't require financial
support.
Art. 10
(Transitory regulation)
1. Within three years since the adoption by the member
states of the laws based on this directive, the Civil
Service will adapt its structures, procedures and
staff education programs to fulfil the requirements 
of art. 6 of this directive.
2. Within twelve months since the adoption by the
member states of the laws based on this directive, the
Civil Service will adapt its structures and procedures
to fulfil the requirements of art. 5 of this 
directive.
3. Within six months since the adoption by the member
states of the laws based on this directive, the Civil
Service will adapt its structures and procedures to
fulfil the requirements of art. 4 of this directive.

Alessio Papini, city councillor of the Green Party of
Florence (Italy)




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Anche sul trono piů elevato del mondo si é pur sempre seduti sul proprio sedere. (Montaigne)

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