View Full Version : Philippine OpenSource Bill update

October 17th, 2007, 07:27 AM
The Free/Open Source Software Act of 2006 (aka FOSS Bill). (Update)

was filed last september 2006
draft here: http://www.chinwong.com/Documents/FOSS_bill_draft_.pdf

also filed to amend R.A 8293 Intellectual Property Code of the Philippines. The amendments was an Act Promoting The Development and use of Free/Opensource Software in the Philippines.

it was criticize by the PSIA for being anti-propriety software and anti-free choice.

the bill underwent one public hearing last december 2006 but was overtaken by the adjournment of the 13th Congress.

on august 2007 it was refiled as House Bill 1716. The Foss bill of 2007.

it is also stated that the government can use proprietary software if incase there is no free opensource alternative to it.

also the philippines like the european union already does not cover software patent as stated in the Intellectual Property Code. only copyright for softwares, no patent. so any patent infringement regarding on opensource in the philippines is invalid, as patent is territorial, it only applies on which country it is filed.

*hay naku kailangan talaga ipa batas pa, marami kasi matitigas ulo e. sa marikina nga ginawa ng ordinansang batas yung pag bigay ng sukli e.

October 17th, 2007, 08:09 AM
This is great news and shows that not only is free software a good idea, it should also be given the highest level of legal recognition.

Speaking as somebody who lobbied the European Council of Ministers last year to keep software patents illegal, it's well to remember that there are huge vested interests in closed source and the prevention of the use of knowledge. These interests will no doubt try repeatedly to get the law changed in their favour.

October 17th, 2007, 11:27 AM
lets just hope that money *snip* , and does not talk this time ;)

October 17th, 2007, 01:09 PM
I just gave the PDF a once-over and I honestly can't think of a reason why anyone should oppose this act if they don't have vested interests in the business of making proprietary software.

The act doesn't bar Government from using proprietary software IF such software have already been implemented in existing systems. To maintain this existence, what proprietary software companies only need to do is to ensure that their products remain stable and (runs for cover) superior to FOSS alternatives. If they fail to do so, the Government has the prerogative to choose from available FOSS alternatives, if there are any.

October 19th, 2007, 06:09 AM
according to casino:

Ladies and gentlemen, let me end with an appeal. This bill faces a stiff battle in the legislature. Just to illustrate, our e-Learning Center in Congress is paid for by Microsoft. The House leadership is planning to provide all congressman and women with free laptops, bundled with Microsoft software, of course. They have the money and the pull to demolish or water down the FOSS bill.

hindi ko alam kung namumulitika lang siya o hinde.

wohoho MS freebies! good for congress bad for the citizens, dahil mapipilitan tayo mag transact sa kanila na dapat MS standards ang gamit natin. ito ba yung tinatawag nilang suhol? hehe

gusto niyo makakita ng isang example ng proprietary standard sa gobyerno natin na apektado tayo? dito punta kayo sa census at mag request kayo ng birth certificate online, tapos firefox o linux ang gamit mo. https://www.ecensus.com.ph/Secure/frmindex.asp
ngek humihingi ng IE o kaya Netscape parehong proprietary software, dapat talaga open standards na, para lahat pwede mag transact sa gobyerno natin.

ayyyy suuuuussss! tax money namin!!!!!.:lolflag:

October 19th, 2007, 10:03 AM
Makakalibre na nga sila e para extra "funds" sa pork barrel or something...sheesh! :guitar:

Ung sa link ni kopinux:

Our Web Application requires Internet Explorer 5.5 (or higher) or Netscape Navigator 7.1 (or higher).
We have provided you with the following links to download the said requirement. Thank you.

.asp -> oh my God!

Here's nakita ko sa Wikipedia:

On February 23, 1998, Netscape created the Mozilla Organization to co-ordinate the development of the Mozilla Application Suite. It consisted mostly of Netscape employees, but in theory it operated independently of Netscape.

Umm...bahala na! :lolflag:
Buti pa sa India, ang government are using FOSS kasi it's a law.

October 19th, 2007, 01:48 PM
Hindi ba sabi ni Presidente ang India ang model country natin lalo na sa Ekonomiya? Gayahin din dapat yaan. Subalit sa Gutsy palang, hindi na kailangan ng Batas sadyang ma eenganyo sila gumamit ng Ubuntu.

October 20th, 2007, 02:40 PM
alam ba ng congress ang "open source"? Baka isipin nila e gagawing batas na dapat bukas ang mga kahon na pinggalingan ng CD's! :lol: seriously; I know HP computer engineers who still think Linux is pure CLI; what more for congressmen and other people na ang tingin lang sa computer ay email-friendster-word-powerpoint?

Also, of course Microsoft has a vested interest; in fact may nabasa ako that they're actually (secretly) supporting piracy in Asia, to prevent FOSS from entering the market, tapos pag Windows user na tsaka na lang nila hahabulin for licenses o kukumbinsihin na may "Genuine Advantage"

Personal experience: 2 months kong inaway ang edTech ng UST kasi "microsoft only" ang website nila. I am known as the "person from X college na laging hinaharass ang edtech" :D And that's UST; what more for something like an entire country?

October 20th, 2007, 03:47 PM
If a government agency's website management software prohibits access to official records and services by discriminating against an individual's choice of user-agent, then that agency is violating this:

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

The 1987 Philippine Constitution
Article III. Bill Of Rights

...more so, if the individual's user-agent is proven to be compatible with internationally accepted standards, while the agency's software is not. :D

October 20th, 2007, 04:02 PM
More from the Constitution:

Section 12. The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology.

Article XIV. Education, Science and Technology, Culture and Sports

So, if a government agency demands that an individual use technology coming from ONLY ONE source, then it violates this article too.

October 21st, 2007, 02:00 AM
mahirap talaga i convince yung mga private institutions/schools/company.

pero yung government/public schools, wala silang free choice ika nga dahil nakatali sila sa batas at tax money ang ginagamit nila, dapat gamitin nila kung saan yung mas mura, e hindi lang mura libre na, yung training nalang ng teachers yung babayaran at one time lang ito hindi naman ito taon taon.

yung mga may idad na nakaupo nga diyan ay takot yata sa computer, baka daw sumabog pag pinindot, hanggang ngayon wala parin computerized election.

at ang goal natin ay hindi naman patayin ang proprietary software, basta 50/50 lang okay na dapat balanse! kasi ngayon nasa 95/5 pa yata, pirated pa yung 71%. monopoly talaga dapat nga kinasuhan na ng gobyerno natin yung MS ng anti-trust kung ano man meron tayo sa batas, tulad ng ginawa ng US at EU.


meron pa yata sa e-commerce act na na violate nila.

October 23rd, 2007, 02:42 AM
hanggang ngayon pinopropose parin!:(


HB 116 Philippine Competition Act 7/1/2004
HB 1874 Fair Competition Law of the Philippines 7/29/2004
SB 210 Fair Trade Act of 2004

kaya pala sinasayawan lang ng MS yung kongreso e!.
paano ang proteksyon natin?

September 1st, 2010, 03:52 PM
Any news about this?

Even in our school, ms base lahat ng gamit, hindi nga alam ng mga ka klase na may alternative system (maybe there are only few) which is even better than the proprietary and advantageous for the student.

Sana mapasa na to!

September 2nd, 2010, 09:26 AM
If I'm not mistaken, nai-presenta na ito some time June/July. Not sure what happens next.