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<title>Swiss Federal Council considers legal assurance for release of Free Software</title>
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<h1>Swiss Federal Council considers legal assurance for release of Free Software</h1>
<p>Currently, there is uncertainty in Switzerland regarding
the development and release of Free Software by public contractors. The
trigger for this was the development and release of the software <em>OpenJustitia</em>
by the Swiss Federal Supreme Court. The federal council now wants to examine
whether the publication of Free Software by the federal administration can be
explicitly allowed. The Free Software Foundation Europe demands a clarification
so that publicly-financed software can unambiguously be legally released as
Free Software</p>
<p>In December of 2014, the parliamentarian group <em>Parldigi - Digital
Sustainability</em> <a href="http://www.parlament.ch/d/suche/seiten/geschaefte.aspx?gesch_id=20144275">
submitted a proposal (German)</a> with the title "How can the release of
open source software [/Free Software] by the federal administration be explicitly
allowed?" In it, the federal council is instructed to examine whether the
budgetary planning law must be duly amended so that it explicitly allows the
release of source code by the federal government and, if necessary, suggest
suitable adaptations to facilitate the Free Software strategy of the federal
administration.</p>
<p>On February 25, 2015, the Swiss Federal Council acknowledged that the proposal
will be examined.</p>
<blockquote><p>"It is important that the Swiss Federal Council takes up this
topic," said Marcus Möller from the Swiss team of the FSFE. "We hope that
legal certainty for the development of Free Software by public contractors
will be established as soon as possible."</p> </blockquote>
<p>The FSFE Switzerland <a
href="http://www.digitale-nachhaltigkeit.ch/2014/11/fsfe-zuerich-zu-openjustitia/">
calls for (German)</a> the lacking legal framework to be created as soon as possible
so that software -- developed with public money -- can be released as Free Software.
Even then, public institutions themselves should not become contractors for Free
Software development, which would lead to a market distortion. On the contrary,
from the perspective of the FSFE, the actual release of software development under
Free licenses strengthens and stimulates the market.</p>
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<tag key="ch">Switzerland</tag>
<tag key="open-justitia">OpenJustitia</tag>
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