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Re: [K12OSN] The Terror of Open Source

Has anyone seen a decent translation of the original FUD letter? I got one via google using their translation software (beta), but curious if there is a better translation available.

Here's the results of the translation:

San Isidro, 21 of March of 2002
Edgar Villanueva Nuñez
Congressman of the Republic
Present. -
Dear Sirs:
Firstly, we want to thank for the opportunity to him that offered us to always inform to him how we come working in the Country in benefit from the public sector, looking for the best alternatives to obtain the implementation of programs that allow to consolidate the initiatives of modernization and transparency of the State. Indeed, fruit of our meeting today You know our advances international level in the design of new services for the citizen, within the frame of a State model that respects and protects the author rights.
This to drive, as we talked, it is part of a world-wide initiative and nowadays diverse experiences exist that have allowed to collaborate with programs of support to the State and the community in the adoption of the technology like an element strategic to hit in the quality of life of the citizens.
Of another side, as we were in this meeting, we attended the Forum made in the Congress of the Republic the 6 of March, with regard to the project of law that You lead, in where we could listen to the different presentations that today take to us to expose our position in order that You have a ampler panorama of the real situation.
The project establishes the obligatory nature of which all public organism must use free software exclusively, is to say of opened code, which trasgrede the principles of the equality before the law, the one of nondiscrimination and the rights to the free deprived initiative, freedom of protected industry and hiring in the constitution.

The project, when obligatory doing the use of software of opened code, would establish a discriminatory and noncompetitive treatment in the hiring and acquisition of the organisms public contravening the principles of base of the Law 26850 of Hirings and Acquisitions of the State.

Thus, when forcing to the State to favor a model of businesses that would support exclusively the software of opened code, the project would be only discouraging to the local and international manufacturers that are those that truely they make important investments, create a significant number of positions of direct and indirect uses, besides to contribute to the GIP versus a model of software of open code that tends to have an economic impact every smaller time because it creates jobs mainly in good condition.

The law project imposes the use of software of code opened without considering the dangers that this can entail from the point of view of security, guarantee and possible violation of the rights of intellectual property of third.

The project handles of erroneous way the concepts of software of opened code, that not necessarily implies that it is free software or of cost zero, getting to make ambiguous conclusions on savings for the State, without no sustenance cost benefit that validates the position.

It is mistaken to think that Software de Open Co'digo is gratuitous. Investigations made by Gartner Group (important investigator of the technological market recognized world-wide level) have indicated that the cost of acquisition of software (operating system and applications) is reduced to only 8% of the total of costs that the companies and institutions must assume as a result of the rational and really beneficial use of the technology. Other 92% constitute it: costs of implantation, qualification, support, maintenance, administration and inoperatividad.

One of the arguments that they sustain the law project is the supposed gratuidad of the software of opened code, compared with the costs of the commercial software, without considering that exist modalities of licensing by volume which they can extremely be advantageous for the State, as it has been obtained in other countries.

Additionally, the alternative adopted by the project (i) is clearly more expensive by the high costs that a migration supposes and (ii) puts in risk the compatibility and possibility of interoperability of the computer science platforms within the State, and between the State and the deprived sector, given the hundred of versions that exist of software of code opened in the market.

The software of code opened in its majority does not offer the suitable levels on watch nor the guarantee of recognized manufacturers to obtain greater productivity on the part of the users, which has motivated that different public organizations have backed down in their decision to go by a solution of software of open code and they are using commercial software in his place.

The desincentiva project the creativity of the Peruvian industry of software, that invoices to 40 USS millones/año, exports USS 4 million (10mo. in ranking products of nontraditional export, more than crafts) and is a source of use highly described. With a Law that stimulates the use of software of opened code, the software programmers lose their rights of intellectual property and their main source of repayment.

The software of opened code, to the power to be distributed gratuitously, either does not allow to generate income for its developers by means of the export. Of this form, it is debilitated the multiplying effect of the sale from software to other countries and therefore the growth of this industry, when contrary the norms of a Government must stimulate the local industry.

In the Forum it was discussed on the importance of the use of software of code opened in the education, without commenting the full failure of this initiative in a country like Mexico, in where indeed the civil employees of the State which they based the project, today express that the software of open code did not allow to offer a experience of learning to students in the school, did not tell themselves on the qualification levels national level to give suitable support to the platform, and software did not count and it does not count on the levels of integration for the platform that exist in the schools.

If the software of open code satisfies all the requirements with the organizations of the State because it is required of a Law to adopt it? Would not have to be the market the one that decides freely which are the products that give to more benefits or value him?
I am thankful excessively of the attention lent to the present, we want to reiterate our interest to meet to him with you to be able to expose with more detail our points of view to the project presented/displayed by you, and to put us to its total disposition to share experiences and information that we are safe they will be able to contribute for a better analysis and implementation of an initiative that has by objective the modernization and transparency of the State, in benefit of the citizen.
Juan Alberto González
General Manager
Microsoft Peru

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