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@comune.fi.it alessio.papini@tin.it neuromant99@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)

===== Anche sul trono pi� elevato del mondo si � pur sempre seduti sul proprio sedere. (Montaigne)

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