Red Hat Sues Switzerland Over Microsoft Monopoly

[I-75]

Red Hat Sues Switzerland Over Microsoft Monopoly

* 22-05-2009
* By Peter Judge

http://www.eweekeurope.co.uk/news/red-hat-sues-switzerland-over-microsoft-monopoly-965

£8 million a year to Microsoft, with no public bidding. And that's just the tip of the iceberg, say open source activists

Linux vendor Red Hat, and 17 other vendors, have protested a Swiss government contract given to Microsoft without any public bidding. The move exposes a wider Microsoft monopoly that European governments accept, despite their lip service for open source, according to commentators.

The Red Hat group has asked a Swiss federal court to overturn a three-year contract issued to Microsoft by the Swiss Federal Bureau for Building and Logistics, to provide Windows desktops and applications, with support and maintenance, for 14 million Swiss Franc (£8 million) each year. The contract, for "standardised workstations", was issued with no public bidding process, Red Hat's legal team reports in a blog - because the Swiss agency asserted there was no sufficient alternative to Microsoft products.

Red Hat and others have made the obvious response that there are plenty of alternatives to Microsoft, and the current situation makes them more attractive than ever, according to a report issued this week by Freeform Dynamics.

"It's not just Switzerland who have been getting away with this kind of nonsense," said Mark Taylor of the UK-based Open Source Consortium, adding that much of the credit for this action should go to the Free Software Foundation Europe, led by Georg Greve.

"All over Europe this kind of thing is happening, and in the UK almost all public sector tenders that we see actually *specify* Microsoft products," said Taylor. "Even those that don't will normally insist that the tendered for technology ties in with specific Microsoft products. I cannot imagine any other area of Government procurement where this practice would be allowed."

Governments are tacitly accepting Microsoft's monopoly on their ICT systems, said Taylor, despite public statements such as the UK's recent announcement that it could save £600 million a year with open source said Taylor: "The cost is phenomenal," he added, with Government spending billions a year on proprietary systems. "It is a scandal and a waste of public money that makes the MPs expenses scandal look like a drop in the ocean, and yet hardly anyone talks about it!"

The challenge to the Swiss government "raises important issues of openness in government and of a level playing field for open source and other competitors of Microsoft," said Red Hat's legal team. "Red Hat is seeking a public bidding process that allows for consideration of the technical and commercial advantages of open source software products."

Even within Switzerland, Red Hat countered the bureau's argument, by pointing to several Swiss agencies, including the City of Zurich, the Federal Agency for Computer Sciences and Telecommunictions (BIT), and the Federal Institute for Intellectual Property (IGE), who are Red Hat customers.

Microsoft's European chair, Jan Muehlfeit recently boasted to eWEEK that Microsoft effectively owns 40 percent of all Europe's IT, on the occasion of a giant promotional event with the EU in Brussels.

European ignorance and hostility to open source and free software is such that a group has launched a pact for candidates in the forthcoming European elections to sign,.pledging support for free software.

[gnomeuser]

It is my firm belief in these matters that we should at least be allowed to present a proposal. If it gets rejected for some technical reason we can then use that data to work towards specific improvements.

Novell's SUSE Enterprise Linux Desktop solution e.g. is an excellent Windows replacement I would love to see those big enterprise solution be allowed to have more wide use in government. For that to happen these Microsoft only contracts have got to go.

[MaxIBoy]

The government has my Social Security number, credit card info, banking info, current address, travel history, medical history, insurance info, physical description, vehicle description, criminal record (if I ever happen to acquire one,) fingerprints, etc. I do not want all this stuff to come into contact with a Windows machine!

[Skripka]

The government has my Social Security number, credit card info, banking info, current address, travel history, medical history, insurance info, physical description, vehicle description, criminal record (if I ever happen to acquire one,) fingerprints, etc. I do not want all this stuff to come into contact with a Windows machine!

I'll wager the only applications that will do what these folks need to do-are onyl written for Windows. And further there are no viable alternatives on Linux, FOSS, proprietary, or otherwise. Granted I know absolutely nothing about what the Swiss Federal Bureau for Building and Logistics actually does.

[jonian_g]

Applications needed for Building and Logistics:

Project management software: lots of alternatives in linux
ERP software: lots of alternatives + SAP (the best and most expensive ERP multiplatform software which recommends linux and unix servers/clients).

Just for information:

Logistics=ERP

[Simian Man]

I'll wager the only applications that will do what these folks need to do-are onyl written for Windows. And further there are no viable alternatives on Linux, FOSS, proprietary, or otherwise. Granted I know absolutely nothing about what the Swiss Federal Bureau for Building and Logistics actually does.

I'm guessing that Red Hat actually, I don't know, researched this issue before firing off a lawsuit. I'm guessing they just need basic management, office software and groupware for which Linux has plenty.

[monsterstack]

I'm guessing that Red Hat actually, I don't know, researched this issue before firing off a lawsuit. I'm guessing they just need basic management, office software and groupware for which Linux has plenty.

True. But more than that, I'd add that for important infrastructure, everything should first be put to public tender. The UK Government, at least, blows all sorts of taxpayer's money away on lousy exclusive contracts to companies who persistently fail to perform. I don't know how the Swiss do things, though. I expect Red Hat and friends researched the issue very well, like you say. Governments have a duty to provide us with efficient, usable and low-cost systems. How can the best tools be chosen for that if no other alternatives are even considered? The implications are much more than just petty rivalry between software vendors: it's a question of democracy.

[Skripka]

I'm guessing that Red Hat actually, I don't know, researched this issue before firing off a lawsuit. I'm guessing they just need basic management, office software and groupware for which Linux has plenty.

You would think....of course Mozilla decided they could/would/should sue Microsoft for including a web browser with their OS. Just because someone files a lawsuit doesn't mean it is sensible.

I wouldn't be surprised if the Swiss got preinstalled Windows boxes cheaper than they could get Linux boxes anyway-since it is not uncommon for that to be true for similarly spec'd consumer hardware. You also have to deal with retraining your IT department and other costs.

I wouldn't be surprised if their needs went beyond word processing and databasing. Just about any field has unique specialized softwares...and most of those specialized softwares do not exist on Linux, or if they do then not to an acceptable professional level of quality and feature spec.

[jonian_g]

You would think....of course Mozilla decided they could/would/should sue Microsoft for including a web browser with their OS. Just because someone files a lawsuit doesn't mean it is sensible.

I wouldn't be surprised if the Swiss got preinstalled Windows boxes cheaper than they could get Linux boxes anyway-since it is not uncommon for that to be true for similarly spec'd consumer hardware. You also have to deal with retraining your IT department and other costs.

I wouldn't be surprised if their needs went beyond word processing and databasing. Just about any field has unique specialized softwares...and most of those specialized softwares do not exist on Linux, or if they do then not to an acceptable professional level of quality and feature spec.

Haven't you read my post?

Software needed in these departments exists in linux ad are very high quality. The best software in the world for logistics (SAP) recomends using linux or unix servers/clients. Don't talk about things you don't know.

[monsterstack]

You would think....of course Mozilla decided they could/would/should sue Microsoft for including a web browser with their OS. Just because someone files a lawsuit doesn't mean it is sensible.

I wouldn't be surprised if the Swiss got preinstalled Windows boxes cheaper than they could get Linux boxes anyway-since it is not uncommon for that to be true for similarly spec'd consumer hardware. You also have to deal with retraining your IT department and other costs.

I wouldn't be surprised if their needs went beyond word processing and databasing. Just about any field has unique specialized softwares...and most of those specialized softwares do not exist on Linux, or if they do then not to an acceptable professional level of quality and feature spec.

Says you.

A simplistic retort, you might say? That's exactly right. One guy's opinion shouldn't matter. Public contracts should be granted after gathering evidence. You have only really given a vague hypothesis of why Windows might be the best choice. It may well be the best choice. But that's not the point. Microsoft is not the one getting sued, remember? You cannot base such important decisions on conjecture and prejudice. You need public bidding, careful analysis and appraisal, and finally you need to monitor the implementation to ensure the service is performing well. Public contracts are also for given for building hospitals; when that's the case, lives are at stake. This isn't just mindless bureaucracy or "my distro is more well-hung than yours", it is of vital importance to society itself.

[aeiah]

so what if they need stuff linux doesn't have? as long as they dont need something like AutoCAD im sure some of the £8million budget could be spent developing bespoke software or adapting stuff that's almost a perfect fit.

[mcduck]

so what if they need stuff linux doesn't have? as long as they dont need something like AutoCAD im sure some of the £8million budget could be spent developing bespoke software or adapting stuff that's almost a perfect fit.

Then who ever is able to provide what they ask wins the bidding contest. The point is that of course they can tell what they want, they just have to run open bidding contest to find out who can fill their requirements with the lowest price.

This is pretty much the basic way how all public investments should be handled. Actually at least in EU countries they must be handled by EU public bidding contests. Iwould imagine that same practice would be used elsewhere as well.

I used to work for Port of Helsinki, and some years ago they were doing all the paperwork for EU-wide bidding contest for ice breaking in the harbor area. Not a big surprise that local icebreaking companies were able to provide the best solution, but they still had to do it by public bidding contest and define their needs exactly, otherwise the winner might have been some private guy with a rowing boat and a handaxe because he offered the lowest price.. :D

[jonian_g]

so what if they need stuff linux doesn't have? as long as they dont need something like AutoCAD im sure some of the £8million budget could be spent developing bespoke software or adapting stuff that's almost a perfect fit.

If they want CAD they can use MedusaCAD (commercial). The tools to use linux for bussines are there, but that is not my point.

My point is that they can't name products in a biding contest. They only define the features that they want and these features have to be justified.
When the alternatives pass the previous stage (they meet the demanded features + legal and other stuff), then the biding process starts and the alternative with the lowest cost is chosen.

[cprofitt]

Then who ever is able to provide what they ask wins the bidding contest. The point is that of course they can tell what they want, they just have to run open bidding contest to find out who can fill their requirements with the lowest price.

This is pretty much the basic way how all public investments should be handled. Actually at least in EU countries they must be handled by EU public bidding contests. Iwould imagine that same practice would be used elsewhere as well.

I used to work for Port of Helsinki, and some years ago they were doing all the paperwork for EU-wide bidding contest for ice breaking in the harbor area. Not a big surprise that local icebreaking companies were able to provide the best solution, but they still had to do it by public bidding contest and define their needs exactly, otherwise the winner might have been some private guy with a rowing boat and a handaxe because he offered the lowest price.. :D

Public bidding can be written in a way that favors a certain vendor or manufacturer... and if fairly easy to do. It then has all the outward appearance of being legit, but it really just a sham.

[cprofitt]

If they want CAD they can use MedusaCAD (commercial). The tools to use linux for bussines are there, but that is not my point.

My point is that they can't name products in a biding contest. They only define the features that they want and these features have to be justified.
When the alternatives pass the previous stage (they meet the demanded features + legal and other stuff), then the biding process starts and the alternative with the lowest cost is chosen.

Not all public bids, in the US anyway, need to be the lowest cost. Quality, vendor support, etc can all be 'factors' in the decision.