03.03.09
Gemini version available ♊︎Portugal Stands Up Against Microsoft Corruption
Summary: ESOP finally files a formal complaint, which gets sent to the European Commission
For context:
- Silverlight/Microsoft Required for Public Procurement in Portugal
- Open Letter to the Portuguese Ministry of Education
- Microsoft’s Magalhães Laptops Scam and OOXML Scandals in Portugal Associated with Fraud?
- Microsoft is Exploiting Portuguese Taxpayers to Build Nation of ‘Addicts’
- Microsoft CEO Might Try to Shoot Down Portugal’s Open Standards Bill
- The Games Microsoft Plays in Portugal to Fight Free Software
- Eye on Microsoft: Portugal Visit, Regrets, and Vista Lies
Portugal won’t take this injustice and abuse without a challenge. Here is the complaint in English [PDF], which is also available as text below (and in Portuguese).
Serious irregularities in eProcurement
3rd March 2009. ESOP has filed a complaint to the competent authorities regarding serious irregularities in theaccess to one of the major eProcurement platforms in Portugal. The problem lies in the conditioned access tobid at a public tender, allowed solely to users of a specific software brand. The gravity of this situation gaverise to a written statement sent to the European Commission.
ESOP has filed a complaint to the competent authorities regarding the irregular functioning of the “vortalGOV” platform, held by “Vortal -Comércio Electrónico, Consultadoria e Multimédia S.A”. In the age of Web 2.0, when interoperability and innovation make way for digital progress and standards stimulate free competition, the service Vortal offers excludes every company not running Microsoft-based technology from bidding at a public tender.
Even though this is an online platform available on the Web, therefore in theory universally accessible, only Microsoft browsers and operating systems can in fact gain access to it. All this is contrary to what the best practices for web development suggest, practices whose proper application results in perfectly interoperable and technologically neutral solutions. Since the deployment of electronic procurement platforms is currently mandatory, this is a particularlyserious situation. It entails an artificial constraint on the market induced by a private firm while implementing aservice foreseen in “Código dos Contratos Públicos” (Public Procurement Law). As a result, every public request for tender hosted by the Vortal platform must necessarily be accessed using Microsoft technology, a requirement unlike any of the dispositions contained in Decree-law n. 143-A/2008 and European directives, where non-discrimination, interoperability and compatibility are key criteria.
ESOP obviously does not oppose of a private entity such as Vortal using Microsoft, or any other base technology of their choice, and has no legitimacy to comment upon internal software options. But to impose software of a specific brand onto a third party and thus, in clear opposition to several laws, directly hamper competition through a legally required service is indeed a serious matter. This situation gives rise to a direct interference in the software options of endcostumers/enterprises, options which should be based exclusively on regular market functioning, with no restrictions arising from the technical requirements of a public service.
For instance, national companies opting for Linux, Solaris, BSD or Apple-based systems cannot access the platform, and are consequently prevented from bidding at public tenders, unless they acquire Microsoft technology for that purpose. This situation, harmful for both ESOP’s associate companies and their respective customers, has notechnical justification whatsoever in light of current technologies. This is a known fact to any competent IT/web professional; moreover, it is endorsed by the technical opinion of several well-reputed institutions, which has also been provided to the authorities.
ESOP has made numerous contact attempts with Vortal’s development team in order to diplomatically reach a solution for this problem. Only after several failed contact approaches, and the acknowledgment of the company’s patent disinterest to meet, have national and international authorities been informed of this problem.
ESOP’s associate companies may eventually demand compensation for possible client loss and public image damage caused by this situation.
ESOP is undoubtedly in favour of any governmental initiative to dematerialize and improve the awarding ofpublic contracts, but regrets to see the State’s technological neutrality abusively put at stake by a companyrunning outside the regulations. The negative impact of this lack of neutrality in the IT market is proportional to the number of companies actually bidding at public tenders.
About us:
ESOP (Portuguese Open Source Business Association) arises from the common will of its founding associates. With view to the encouragement and growth of the Open Source solution market in Portugal, ESOP serves as platform for the promotion of opportunities and synergies within the market, as well as among its associates and partners.
Established by leading companies and based upon highly driven individuals, ESOP brings together a vast array of skills and has on offer a large variety of professional services. From SMEs to major organizations, from associations to the Public Administration, from servers to workstations, ESOP points out reliable and lasting solutions in IT.
Guided by solid principles of competitiveness,
ESOP stands for and actively promotes
Open Source Software, Interoperability,
Open Standards and Platform Independence.Contact:
info@esop.pt
http://www.esop.pt
The above is self explanatory. Microsoft corruption was also identified in its pursuit for OOXML standardisation. For details about the role in Portugal, see:
- The Confessions of a Microsoft Lobbyist in ECMA
- A Look Back at OOXML BRM, Stacking, ISO’s Admission of Failure
- The OSP Lie, the OOXML Bribe and Other Interesting Moves in Portugal
- Geneva BRM: Microsoft Puppet Show, Invite-only
- The ISO is Replaced by Microsoft, Long Live ISO
- Microsoft ‘Pulls a Portugal’ in Ireland (Microsoft to Decide on… Microsoft)
- Quick Mention: The Programmer’s Advantage in ODF, OOXML Coverage from Hungary
- Microsoft is Still Buying Portugal in Its Fight Against OpenDocument Format
- ISO Reform Demanded, OpenISO Formed by Norbert Bollow (Updated)
- This Just in: Sweden’s Vote on OOXML Nullified Due to That So-called ”Bribery” Incident (Updatedx3)
- Has OOXML ‘Funny Business’ Already Reached Australia and India?
- Microsoft OOXML Corruption Watch — Jason Matusow Goes Batting with FUD and Deception (Updated)
- Microsoft Continues to Cheat in the ISO
- The Microsoft OOXML ‘Corruption Train’ Reaches Denmark (Updatedx2)
- Microsoft is Outmuscling OOXML Opposition in Spain (Updatedx3)
- India to Weigh in on Real Standards and ‘Monopoly Enablers’
- Microsoft Already Plans to ‘Extend’ Its ‘Standard’; ECMA and ISO Named and Shamed
- European Commission Might Finally Intervene and Investigate Abuse
- Voters on OOXML Up for ‘Hire’ in Italy (Updated)
- Open Standards and the GPL in the United Kingdom
- The OOXML Translator is a Hoax (and so is the ISO)
Other Microsoft irregularities in Portugal can be found in:
- FullSIX and Mr. Youth LLC May Be Ruining the Web (AstroTurfing) on Microsoft’s Behalf
- Microsoft’s Dumping Strategy Versus GNU/Linux (EDGI Continued)
- Is Microsoft ‘Pulling an EDGI’ on Kerala? (Updated)
- Microsoft Imprisons the Ukraine and a South African University
Support for ESOP would be greatly appreciated. Help spread the word. █
“Behind every great fortune there is a crime.”
–Honor de Balzac
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