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

[Al Papone]

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)