Should Governments Legislate a Preference for Open Source?
It's easy to legislate a preference for Open Source, and difficult to implement a level playing field upon which Open Source and proprietary software could compete fairly. Thus, a number of governments have enacted the preference as an easy-to-legislate way of solving the problem, but I submit not optimally. Having a preference gives proprietary software an opening to portray themselves as the "injured party", when the reality is that historically there has been a preference for proprietary software in both legislation and internal process of government purchasers, and this still exists today.
What would we need to implement a level playing field for Open Source and proprietary software to compete fairly?
No Software Patenting
Software patents discriminate against Open Source because Open Source developers do not themselves collect royalties for their copyright rights, and thus can't pass royalties on to patent holders. In general, software patents encourage litigation rather than innovation, as can be shown by the tremendous amount of innovation in Open Source today, which operates without the collection of royalties.
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