The Procurement Decision - Open or Closed Source Software
![handle is hein.journals/deakin10 and id is 267 raw text is: THE PROCUREMENT DECISION -
OPEN OR CLOSED SOURCE
SOFTWARE?
CARLA MICHLER
[The merits of open source software, particularly in the context ofAustralian
Government procurement, have been the subject of considerable debate in
recent times. This paper provides an overview of the distinguishing features
of open source software and considers the terms of the licence under which
open source software is distributed. Consideration is also given to the merits
of open source software through an examination of both the legal and tech-
nical risks associated with the product. In concluding, it is determined that
there is a positive argument for mandating open source software as a viable
alternative to its closed source counterpart.]
I THE OPEN SOURCE MOVEMENT
In recent times there has been a growing trend for government departments and
agencies on a worldwide scale to move toward open source software. The chal-
lenge for the Australian government is to explore, through an assessment of risk and
benefits and drawing upon domestic and international experience, the availability of
open source software solutions to realise the potential to achieve increasing value
for money and greater operational activity across the public sector.
II DISTINGUISHING BETWEEN OPEN AND
CLOSED SOURCE SOFTWARE
In order to appreciate the differences between open and closed source software
it is necessary to understand what actually constitutes software. Software is, in
broad terms, constituted by two elements, namely the source code and the object
code. The source code and the object code refer to the before and after
versions of a computer program that is compiled before it is ready to run in a corn-
*Carla Michler is a lawyer who currently practices in the areas of corporate and commercial law.](ViewImageLocal?handle=hein.journals/deakin10&div=17&collection=&method=preview&ext=.png&size=3)
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The Procurement Decision - Open or Closed Source Software
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