From Open Government to Open Contracting

One of the rationales behind opening up government data is that it provides greater transparency. That's particularly true in the field of procurement: too often in the past it has been hard to find why exactly all that money was spent, and on what. One of the undoubted achievements of the present UK government is to require much of that data to be made freely available for people to inspect, analyse and query.

On Open Enterprise blog.

Open Access And The Art Of Contract Hacking

Open Access continues to gain momentum, as more and more researchers seek to make their work freely available online. One way of doing that is by modifying the contract that academic publishers routinely send to potential authors, inserting a clause that allows digital copies to be distributed. 

On Techdirt.

Kafka Alive and Well, Living in Switzerland

You may have come across this sad tale:

According to the Swiss Open Systems User Group, /ch/openSwitzerland, the Swiss Federal Supreme Court Switzerland has rejected a complaint by several open source vendors against the awarding of contracts to Microsoft without prior invitation to tender. Last summer, the Swiss Federal Administrative Court had ruled in a first instance decision that only the vendors of Microsoft software could object against the awarded contracts because only they offer the Microsoft products chosen by the Swiss Federal Government.

See the Catch-22 logic here? Only vendors of Microsoft software could object to the fact that only vendors of Microsoft could be awarded the contract...

The complainants had appealed against this decision on the grounds that the ruling didn't take into consideration the existence of products which compete with those offered by Microsoft.

And the court's reason for rejecting the appeal?

the court ruled that the complainants didn't provide conclusive evidence of the actual existence of such competing products. An objection by the complainants that such evidence is impossible to produce because no functional specifications have been established by the Swiss Federal Administration was overruled.

Got that? The complainants couldn't complain because they didn't prove they were able to supply the products desired. But the reason they couldn't do this was because no list of functional requirements had been specified - which was precisely the problem they were complaining about: that the contract was framed in such a way as to exclude open source alternatives.

It's a bit like being found guilty for wanting to know what crime you were accused of....

Follow me @glynmoody on Twitter or identi.ca.

Should Software Developers Be Liable for their Code?

Should Microsoft pay for the billions of dollars of damage that flaws in its software have caused around the world? It might have to, if a new European Commission consumer protection proposal becomes law. Although that sounds an appealing prospect, one knock-on consequence could be that open source coders would also be liable for any damage that errors in their software caused....

On Linux Journal.

Open Source Spaceships

The "brains" of the Ares I rocket that will send four astronauts back to the moon sometime in the next 12 years will be built by Boeing, NASA announced today—but the specifications will be open-source and non-proprietary

And why might that be?

so that other companies can bid on future contracts.

Of course. But the same logic applies to just about every major government contract, everywhere in the world, not just out of it. (Via 451 CAOS Theory.)