PIL Seeks Window Out Of Microsoft
Sudarshan Kumar
New Delhi, June 11: Even as Microsoft wages war against rival open source operating system Linux around the world, a public interest litigation (PIL) filed in the Jharkhand High Court could add fuel to the open source versus proprietary software debate, particularly in the e-governance space.
The Redmond, Washington-based Microsoft is ubiquitous through its popular Windows operating systems which run most of the world’s desktop computers.
The petition filed by a high court lawyer in Ranchi pleads for a directive to the Indian government and the state of Jharkhand to implement cheaper open source (read, Linux) software instead of expensive proprietary products. There has been a renewed thrust within governments, both in the states and at the Centre, to evaluate alternatives on Linux.
Linux is an open source code operating system developed by software programmer Linus Torvalds to offer an alternative to the Unix system, variants of which are offered by leading vendors in their proprietary versions. The Linux source code is free to everyone under a general public licence. The term ‘Linux’ was derived from ‘Unix’ and ‘Linus’.
The petitioner-lawyer, Manish Kumar, did not wish to go on the record or share details of the petition. However, sources familiar with the process said point of admission hearing has been fixed for June 12.
The petition says that proprietary software is available at a high price and its source code cannot be modified except with the approval of its owner. The code for open source software is, however, freely available and can be modified according to the user’s requirements.
A Microsoft spokesperson said the company could not comment on the PIL “as it is sub-judice”. However, sources close to the company said Linux was often used by government officials as an “arm-twisting” tool during negotiations.
On the open source debate, Microsoft India head of marketing Sanjiv Mathur said: “Both commercial and open source software play important roles in the broader IT ecosystem - and in supporting IT-related development. The commercial software model has effectively demonstrated development-related advantages, including cost-effectiveness, opportunities for growth, long-term sustainability, and affordable access. These advantages will largely be lost if developing nations, like India, adopt biases against commercial software or enact policies that inhibit the growth of a domestic commercial software industry.”
Microsoft had recently invited Jharkhand chief minister Arjun Munda to a ‘government leadership summit’ in Redmond. Mr Munda, however, did not attend the mid-May meet. The company has been persistent in its evangelising efforts to woo governments and corporates alike across the world to implement its proprietary products and solutions. Critics say these licensing deals lock customers into heavy initial investments and regular payments for ‘upgrades’ to improved versions that are launched periodically.
The software maker last month lost a key battle against Linux in Munich, Germany, where the city council decided to switch its 14,000-computer network to the open source operating system.
Linux itself came under attack recently, albeit indirectly, with Unix code owner SCO Group (formerly Santa Cruz Operations) suing IBM (International Business Machines) for an alleged breach of contract. SCO says IBM handed over pieces of its proprietary Unix code to Linux developers. While IBM has denied any wrongdoing, Microsoft expressed tacit support for SCO by licensing its Unix technology.
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