Quebec sued for not considering open source. Why this is bad policy

Facil, a Quebec-based open-source organization, has sued the Quebec provincial government for buying Microsoft software without considering open-source software, as CBC reports. The problem, it seems, is that Quebec has an "open markets" policy that it is supposed to follow. In practice, however, the Quebec government IT buyers have been shoveling money into Microsoft and other proprietary vendors without any real consideration for open source:

In [the lawsuit], the group says the provincial government has refused to entertain competing bids from all software providers, opting instead to supply public-sector departments with products bought from proprietary vendors such as Microsoft and Oracle Corp.

Government buyers are using an exception in provincial law that allows them to buy directly from a proprietary vendor when there are no options available, but Facil said that loophole is being abused and goes against other legal requirements to buy locally.

Perhaps most egregiously, nearly $80 million has been spent on Vista licenses this year. Now we know who is buying Vista. :-)

While I think the government should absolutely live up to its policy obligations, I also believe that good software, including open source, eventually finds a home, even despite Microsoft's lobbying. I have some experience selling open-source software into Quebec: the government buys when the price and functionality is right.

In my recent travels to Latin America, I heard much the same: companies and governments are buying into open source in droves, but not necessarily because they are legally required to do so. In fact, I heard the opposite: the governments buying into open source are often those where they are not forced to do so. Ultimately, a purchasing decision is a human decision. You've got to reach the humans before you can sell the software.

I'm sympathetic to Facil's cause, but I believe it should be spending more money on educating buyers on the merits of open-source software, not of open-source software government policies.

[Simplicius]

I don't know the details, but if it's true that there has been an egregious contempt of existing laws then Quebec should be held accountable. This is unrelated to the fact that the issue involves OSS.

[Matthew Saroff]

Sorry, but I disagree.

If Quebec broke the law in its acquisitions, then a challenge to those procedures should be made.

It doesn't matter if it's shoe laces or software, following the rules to buy stuff is a core goal of good government.

[The_Decider]

As others have said, in terms of contracts and acquisitions governments must follow the law, else you get Blackwater and Halliburton.

I haven't been sued but have seen and heard of large companies whinge and cry because they weren't even considered in private transactions. Now that is scary.

[JeromeLapointe]

It's a great law. Every government should have it.
Unfortunately not every pencil pusher in every government department can be expected to know things like this... hopefully now they will take notice and put the necessary structures in so the sentiment behind the law is put into practice.