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The Politics of Open Source Adoption

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The Politics of Open Source Adoption the politics of open source adoption Edited by Joe Karaganis and Robert Latham Social Science Research Council Version 1.0 May 2005 TABLE OF CONTENTS About the Authors iv Introduction 1 JOE KARAGANIS ROBERT LATHAM · Structure 2 · Conclusion 3 · References 5 The European Politics of F/OSS Adoption 7 RISHAB AIYER GHOSH · The EU Political Framework: Why Free Software? 7 o Overall Societal Benefits 7 § Universal Access or “eInclusion” 7 § Independence, Local Control and Local Economic Growth 8 § Transparency and Democratic Accountability 8 o Pragmatic Arguments 8 § Interoperability, Proprietary Standards and Vendor Lock-in 8 § Security 9 § Cost 9 · Policy and Practice in EU Member States 10 o EU-level Policy and Actions 10 o Germany and France 10 o Other Countries 11 o The Extremadura Case 11 · Conclusion 12 LiMux—Free Software for Munich 14 VOLKER GRASSMUCK · Background: The Growing Acceptance of Free Software 15 · Munich’s Starting Position 17 · First Phase: Evaluating the Alternatives 17 · Intermezzo: A Visit from Redmond 19 · Second Phase: Working Out the Details 21 · Other European Cities: a Domino Effect? 23 · Third Phase: A “Soft” Migration 24 · Intermezzo: Software Patents 26 · First Results and Next Steps 29 o Next Steps 30 · Conclusions 32 · References 36 i Source vs. Force: Open Source Meets Intergovernmental Politics 37 KENNETH NEIL CUKIER · Introduction: National Governments and Open Source 37 · Open Source @ Intergovernmental.Org 39 o United Nations Development-Related Agencies 39 § UN Development Program (UNDP) 39 § UN Conference on Trade and Development (UNCTAD) 40 § UN Educational, Scientific and Cultural Organization (UNESCO) 40 § UN Economic Commission for Africa (UNECA) 41 o World Intellectual Property Organization (WIPO) 41 o UN World Summit on the Information Society (WSIS) 42 · The Empire Strikes Back: Reaction by States and Software Firms 43 · Conclusion: The Value of Intergovernmental Forums for Open Source 44 · References 46 FOSSFA in Africa: Opening the Door to State ICT Development Agendas – A Kenya Case Study 48 BILDAD KAGAI NICOLAS KIMOLO · The Economic and Political Dynamics of the African ICT Sector 48 · The Kenyan Case: Background 49 · Telecommunications 50 · Private Sector Support 50 · Alliance Building 51 · Conclusion 52 F/OSS Adoption in Brazil: the Growth of a National Strategy 53 EUGENE KIM · Software and Nationalism 53 · Conclusion 56 · References 57 NGO’s in the Developing Worlds 60 GABRIELLA COLEMAN · Introduction 60 · Tactical Technologies and the Creation of a Fledgling Network 61 · Source Camps: Challenging the “Conventional Wisdom” on F/OSS 61 · Resituating F/OSS: Ethical Frameworks and Conceptual Maps 62 · Pragmatic Justifications 63 · Security 64 · Customization and Localization 64 · The Broader Economic Landscape 65 · The Developer Community 66 · References 67 ii Legal Uncertainty in Free and Open Source Software and the Political Response 68 JENNIFER M. URBAN · Introduction 68 · Sources of Legal Uncertainty for F/OSS Licenses 69 o Code: Ownership and Control 70 o License Enforcement and Interpretation Issues 71 · The Effect of Political and Economic Interests in F/OSS 73 · Current Cases 74 o Sitecom/Netfilter Case 74 o Mambo/Furthermore Dispute 75 o The SCO Cases 75 § Competitor Reactions 76 § Publicity and Response 76 § The F/OSS community response to SCO 77 § Whither SCO? 79 · Conclusion 80 · References 81 F/OSS Opportunities in the Health Care Sector 83 SHAY DAVID · Challenges in the Health Care Sector 83 · Leading F/OSS Projects in Health Care 85 o Debian-Med 86 o OpenEMR 86 o OpenVista 86 o OSCAR 87 o SPIRIT 87 · The Politics of F/OSS Adoption in Health Care 87 · Conclusion 89 · References 90 The report has also been posted to an online wiki, http://www.ssrc.org/wiki/POSA, where we invite your collaboration on version 2.0 This work was made possible by a grant from the Ford Foundation. It is licensed under the Creative Commons Attribution License. To view a copy of this license, visit http://creativecommons.org/licenses/by/2.0/ or send a letter to Creative Commons, 559 Nathan Abbott Way, Stanford, California 94305, USA. iii ABOUT THE AUTHORS Gabriella Coleman recently finished an and is affiliated with Cornell's Information Science anthropology dissertation at the University of Program (http://www.infosci.cornell.edu/ ). Chicago on the rise of expressive rights among Free Starting in summer 2005 Shay is also a resident and Open Source developers and the ways in which fellow at the Yale Law School Information Society the F/OSS movement has challenged the economic Project incentive theory of intellectual property. To (http://islandia.law.yale.edu/isp/about.html). complete this project, she spent nearly three years Shay’s main research project aims to understand doing research on the Debian project and studying collaborative knowledge production frameworks in a hacker and technology activism in the Bay Area and cultural context using insights from social the Netherlands. In the past, Gabriella has also constructivism and actor network theory, as part of worked on the reconfiguration of ethnic identity an attempt to develop a new theory of open through religious healing in Guyana, South America, innovation in IT. Shay holds a B.Sc. in Computer and more recently, on Internet-based political Science and a B.A. in Philosophy, Magna Cum activism, such as that of Indymedia, and its Laude, from Tel-Aviv University, and an M.A. from intersection with the principles of F/OSS. In the fall New York University’s Draper Interdisciplinary she will be at Rutger's Center for the Critical Research Program where his research thesis focused Analysis of where she will continue to work on on the political economy of free and open source hacker ethics and politics with a focus on their re- software and file sharing networks. Shay is an articulation of IP law through free speech discourse. entrepreneur who co-founded two software start-up Gabriella's next project draws from this research to companies, and was involved for several years in investigate the use of expressive and human rights cutting edge software research, combining open among psychiatric survivors as a political vector to source and proprietary software. He shares his time make claims against forced treatment and to halt the between New Haven, Ithaca and New York City, global exportation of an American model of where his wife Ofri (http://www.ofricnaani.com), psychiatry. who is an exhibiting video artist lives and works on several large scale art projects and group and solo Kenneth Neil Cukier covers technology-policy exhibitions. For a more background, some more issues for The Economist in London. From 2002 to thoughts and a full list of publications, please visit 2004 he was a research fellow at the National Center Shay’s website and read his blog at for Digital Government at Harvard University's http://www.shaydavid.info Kennedy School of Government, where he worked on a book about the Internet and international Rishab Aiyer Ghosh is one of the founders (1995) relations. Previously, Mr. Cukier was the technology and current Managing Editor of First Monday, the editor of The Asian Wall Street Journal in Hong peer-reviewed journal of the Internet. Rishab Kong; before that he was the European Editor of worked as an analyst, journalist and researcher and Red Herring. From 1992 to 1996 he worked at The has been widely published in India and abroad. He is International Herald Tribune in Paris. His work has Programme Leader at the International Institute of also appeared in The New York Times, The Infonomics, University of Maastricht, where he Washington Post and The Financial Times, among researches non-monetary economic activity with a others. He regularly serves as a commentator on focus on free/open source software. technology matters for CBS, CNN, NPR and the BBC and others. Additionally, Mr. Cukier serves on Volker Grassmuck is a researcher at the the board of advisors to the Daniel Pearl Helmholtz-Zentrum fuer Kulturtechnik, Humboldt Foundation. University Berlin. His main area of interest is the He can be contacted at: [email protected] digital revolution, intellectual property, and free knowledge. Previous areas of research include Shay David is a PhD candidate at Cornell artificial intelligence, garbage, the history of media University's Science and Technology Studies and identity discourses in Japan, and the knowledge department (http://www.sts.cornell.edu/index.php) order of digital media. He is author of, among others, "Freie Software. iv Zwischen Privat- und Gemeineigentum," Joe Karaganis directs a number of SSRC programs Bundeszentrale fuer politische Bildung, Bonn, 2002 on the relationship between cultural, technological, (http://freie-software.bpb.de/). He is also the and institutional change--focusing especially on project lead of iRights.info, the program organizer of digital technologies, intellectual property, and the conference series "The Wizards of OS," a emerging open models of cultural production. (See freelance writer, and an activist. As co-initiator of e.g., SSRC programs on privatkopie.net he is campaigning to promote user [http://www.ssrc.org/programs/ccit Culture, rights and freedoms in the ongoing copyright Creativity and Information Technology] and reforms. [http://www.ssrc.org/programs/crpg [email protected] Communication as a Right and a Public Good]). His http://waste.informatik.hu-berlin.de/Grassmuck/ writing deals especially with the practices and http://www2.rz.hu-berlin.de/hzk/ regulation of digital culture. Mr. Karaganis has http://irights.info consulted for the Ford and Rockefeller foundations. http://wizards-of-os.org He is an associate editor of the Oxford Dictionary of http://privatkopie.net the Social Sciences (2002), and co-editor of the forthcoming volume, Structures of Participation in Bildad Kagai, Coordinator, Free Software and Digital Culture (2005). He holds a Ph.D. in Open Source Foundation for Africa (FOSSFA).
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