Sunday, March 01, 2009

Free and Open Source Software (FOSS) - 2

On the behalf of Linux-Manipur for e-pao.net

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Having gained some knowledge about Free and Open source software, now the big question to answer is "Why should one use Free and Open Source Software?"

This question can be answered from two different perspectives - one from the perspective of general users who may or may not have knowledge or interest about how software works internally and another from that of software developers, i.e. those who has some knowledge or interest about the software. The former includes the latter.

License agreement of most proprietary software outlines many restrictions on a user in terms of sharing, redistribution, nature of use of software. Some examples, in simple language, include users are not allowed to share his software; they no allowed to use the software other than the purpose it is bought for; they are not allowed to sell it or rent it or redistribute in other form.

In common man language it is like saying you buy a table but you have to use in the way the carpenter wants you to use it; you are not allowed to modify it based on your needs; you are not allowed to use it for some other purpose and when you no longer need it you cannot sell it.

Violation of any of these restrictions (outlined in the license agreement) is termed an offence of software piracy, a cognizable crime punishable user Section 63 of Indian Copyright Act, 1957 and its extended Copyright (Amendment) Act 1994 on Computer Programmes, and section 78 and 79 of the Trade Marks Act, 1994. All forms of software piracy now fall within the ambit of the Indian Copyright Act.

The law now prescribes a minimum punishment of seven days imprisonment, which may be extended up to three years, and a substantial fine up to Rs. 50,000 for such offence. On being convicted on the second and subsequent occasions the offender faces a minimum sentence of one year, extendable up to three years and at least Rs. 100,000 fine extendable to Rs. 200,000.

You, as a good citizen, may now test yourself if you can be convicted on software piracy or not. Did you pay $199 (Rs. 8000) for installing Windows on your personal computer or $185 (Rs. 7500) for using MS-Windows office? If not, you are a criminal under cyber law.

Another test, have you ever shared your software (Windows or windows office) to any of your friends? Have you ever installed the same copy of software to another computer which may or may not be owned by you? If so, you have done a punishable offence and may wait for your turn to go to prison.

There is another aspect of software from the perspective of software developers who see software not only as a tool to help him in his work but also as a way enhance his knowledge. He has knowledge well as interest about how software works and wants to modify and enhance it to suite his needs.

He also wants to redistribute the software so that others will benefit from his enhancement. But he is not able to do all these in Proprietary Software.

Firstly, proprietary software developers have no obligation to show their source code and most of them do not show it. In short, no one is allowed to study and understand how the software works internally and modify it. Secondly, proprietary software gives lot of restrictions through their strict licensing agreement which denies freedom to share, modify or redistribute the software.

Free and open source software guarantees its users all freedom and protects them from cyber law through license terms which does not contain any restrictions as in proprietary software. The founders of the movement called it Copyleft, a reverse of Copyright.

Free and open software movement fights for the rights of software user, in simple term rights of all computer users. User will pay the money for the software, but he should have freedom to use it, freedom to study how it works internally, freedom to change in based on his needs, freedom to share it to whoever needs it.

It is right time we start using Free and Open source software before we are force to use them or, in worst case, fall in the eyes of law. The choice is yours.

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