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Jun. 1, 2009
Last Friday, the New Zealand Open Source Society has been calling on the Auditor General in an effort to
better scrutinize government procurement of Microsoft products after the collapse of negotiations for a new
three-year software licensing agreement.
Don Christie, N-ZOSS' CEO, is asking for a complete review of the deal on the grounds that government
agencies are negotiating with a single supplier "in a situation where ordinary market disciplines do not
operate," he said in an official memo.
Christie added that agencies are unable to establish that Microsoft software represent better value for the
money and are failing to properly consider open source alternatives that would better meet their specific
software needs.
"Microsoft's latest financial returns show that globally, their Office Suite solutions returned net
earnings of U.S. $1.7 billion on sales of U.S. $4.5 billion, while the operating systems they manufacture
returned net earnings of U.S. $2.1 billion on sales of U.S. $3.1 billion," Christie said.
He added "such profit margins wouldn't be possible where ordinary market disciplines obtained." Microsoft's
New Zealand managing director Kevin Ackhurst said however that government agencies have always had and still have
the opportunity to opt in or opt out of the government deals and some choose to opt out.
Christie, who also runs Wellington open source services company Catalyst IT, further argues that agencies
are putting public administration at risk through reliance on a single overseas software manufacturer.
Christie says Microsoft has long held a dominant position in this marketplace, and is able therefore to
command a premium price for its products.
"Don runs a company called Catalyst and wants to ensure it is successful. I wonder whether this is about
that or about open source software," Ackhurst says.
In response, Christie said it's "stating the bleeding bovious" that he runs a local open source technology
company. He says if Microsoft addressed the message, rather than shooting the messenger, there might be a
reasonable outcome to the debate.
Others disagree. The open source model is a perfect free market, he says. There are no barriers to entry
and no barriers to Microsoft entering it and making its products available as open source.
Ackhurst says he knows Microsoft didn't come from a history of interoperability, but that has changed, at
least somewhat in the past year. Christie's quotes represent the way Microsoft products worked in the 1990s,
he says.
Ackhurst says he is not sure where Christie is coming from as agencies have always had choice. The Electoral
Commission, which Christie references in his memo and frequently cites elsewhere, is one that has chosen open
source software, he says.
He says Christie's recent statements about how Microsoft's SharePoint forces users to deploy Microsoft
databases and office software are incorrect. He says Microsoft takes interoperability seriously. SharePoint
supports many other databases and documents held in SharePoint can be opened by non-Microsoft office suites,
he says.
"As taxpayers, we are not privy to the total value of the procurement, which is held to be commercial
in confidence, but even conservative estimates suggest hundreds of millions of dollars are spent every three
years under these agreements."
He says arguments that there are no alternatives are no longer tenable.
Christie cites a Computerworld NZ story saying only $3 million a year was saved through the centrally
negotiated G-2006 agreement.
"If an agency such as the Electoral Enrolment Centre can carry out its vital public function since 2003
without reliance on these products, there are many New Zealand public sector agencies of a similar size and
function that can as well.
Christie added that the practice of negotiating with a single supplier in this way "has a significant
corrosive effect on the independence and impartiality of the public service". He says if agencies believe
they have no alternative but to strike the best deal they can with Microsoft, then they have "allowed
themselves to be captured by that supplier".
Meanwhile, the ongoing debate between open source software procurement and commercial licensing arrangements
from Microsoft in various stages of government across the globe rages on.
Source: The New Zealand Open Source Society.
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