WEBVTT

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I welcome everyone, please settle down, have conversations outside, if you can, if you're sitting

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on the edges of the rose, please gather in the middle so we can let more people in.

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There is a queue outside, I think, welcome very much to the public procurement talk.

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I forgot exactly what the title was, it was public procurement for digital sovereignty.

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So we've already heard a couple, wait, who am I?

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I'm Sebastian, I work with a pal, and I thank you very much for joining us today.

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A pal is the European Open Source Business Association, and I thought I'd invite some

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people over to have a little conversation about public procurement, public procurement

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sounds very enticing, doesn't it?

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But it's quite interesting.

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In the previous talks, we've already heard that there is a lot of talk about raising

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digital sovereignty in Europe, and we know all the international situation that has

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led to that.

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And actually, I've been for talks, I've been looking into the history of public funding for

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digital stuff, and some of the oldest programs for digital industry funding go back

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to the 1980s, I think the discussion started in the 1970s when Europe found out that suddenly

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they fell behind in computers, and then they set up a joint program already between the

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European, how was it called at the time economic union, economic community, is that

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already?

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Yeah.

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So 1984 was the first of the programs that precedes Horizon Europe, for example.

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So it goes back quite a long way, and we've not really managed to catch back up.

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So that is also part of the discussion, and finally I think, and that's also been said,

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there's a part of how we try and strengthen democratic control, if we think of compliance

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of firms that want to do digital business here.

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So why are we talking about public procurement?

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Because very timely, the EU is just reforming the central procurement framework in Europe,

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and that is why it sounds so boring.

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It is a very general program, or a very general framework.

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It's about the procurement of everything.

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This is not a digital program.

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But I think with the situation that we're in, we're in a situation where we can use public

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procurement to actually strengthen those broader policy goals that we have, and that includes

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in strengthening digital sovereignty.

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So welcome to the panel, Emma Garyani from Dino, you've already had the pleasure of meeting

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her before.

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In the previous panel, then we have Julian Schauder from Tendis.

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We have underraven tissue, who you've met, we have Maurice Hendricks from the Dutch Ministry

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of Health, Wales, and Sport, and you've just heard the presentation from last month's

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five from always two.

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And with that, I'd like to ask you to please introduce yourself and your work.

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And Emma, maybe you want to start.

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What is the state of open source adoption in the public authorities in France?

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Thank you.

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So I don't repeat myself, but you know, no, there is my head on this slide.

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So I'm the director of the French Ospo, and we're in charge of helping ministries across

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France to open their source code to promote free and open source software use and adoption.

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And I would say it's so France is quite, I mean, has a long history with open source.

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We have ministries that are really very active, other that are really not.

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So it's quite a heterogeneous.

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What I can say is that we can see that there's a switch, given the recent, I mean, geopolitical

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development, there's a switch in decision makers administrative decision makers mind,

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to really understand why open source is important.

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So AI has brought a lot to the understanding of why open source is important.

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And actually geopolitical events also did.

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So I would say it's really increasing.

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We've had a tender for quite a long time, that is in terministerial, that is serving as a way

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to facilitate the access of ministries to free and open source expertise around many different

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technologies.

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And as the new and also in the different ministries, we also have maybe a little European

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specificity, which is that we can contribute to open source products and technologies

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in different ways, one of them, which is really important for us is obviously procurement.

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And we have tenders for that, but we also contribute directly to the code of open source

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projects, and we also fund foundations.

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So for instance, the metrics foundation, we also have debyan, we fund conferences.

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So this is a way also for us to help the ecosystem live.

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So we try to really, because we have internalized people, tech people, so we're also able

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to contribute to the code base.

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So it's a framework of public investment for us into open source, that takes tenders into

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a con procurement into a conflict, also other ways to support.

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All right, then the next question, Maurice, we've already talked a bit about this when

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we meet Wednesday, I think.

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What is the public funding we use to further the use objectives?

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And what do you think about it?

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Right, I work at the Ministry of Health, well, for sports as an open source expert.

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And what we are doing now is building a new digital public infrastructure for data transfer

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in healthcare, between healthcare professionals and between healthcare and citizens.

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And the ministry feels that at this moment, building such an infrastructure and where we are

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now, the only option is to do it open source.

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We don't know if we're going to succeed with all the goals we want, but even if we succeed

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slightly, then we have set a major step.

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And what we've seen is that every step we take and all the things we do, we've procured

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fully open source in this digital public infrastructure, the effects are more than we expected.

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But Sebastian Neil did, I think, quite well, is that when I work fully in public with

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my open source instruments, and one of the most memorable talks I had yet, the last

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year was between the Dutch open source business alliances and the Dutch procurement experts.

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And the procurement experts has all kinds of ideas, why do open source companies not compete

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in our tenders?

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They try so hard to be open for open source, and the open source company said, why is government

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not putting so much effort in making tenders available for us?

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There was a gap, and I tried to bridge that gap to put those guys in a room and talk

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about it.

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And the Dutch open source business alliance made some changes to move a little bit to

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our us, and we made changes to move a little bit to them.

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So when working in the open manner on policy and making instruments for procurement

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experts, it really helps if the community, and that's what the call out had it yesterday,

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if the community can help, if something doesn't work in government, consider it a buck

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that the community can provide fixes for, and the last example I can give, there's a guy

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on Twitter making a black list of awful government tenders.

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But if there's one guy that follows all the tenders, and we have a Dutch open source

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business alliance not falling all our tenders, you have the best lobbyist out there not

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to make the black list, but also make the white list.

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And we can see him up, and that's a shadow that we are here.

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I have the gladly to women all suppose here as well.

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We are here to cooperate with you guys, but please take that hand and help us make it better.

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Thank you, I was just checking how much time we actually have.

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I wanted to have a show of hands because I know a couple of faces here in the room, but it

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would be actually interesting to know, do we have any business leaders, management level here?

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Please raise your hands, okay, so who are open source developers, and does anybody work

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in the public authorities who does procurement, okay, welcome.

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So maybe also for any follow-up questions that could be, that could be come interesting.

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And you're a check proposal, once you drive digital sovereignty and protect individual

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freedoms, how can you contribute to that as a public sector?

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Well, actually, I think it's always good to have plans.

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Sorry, I think it's always good to have some plans in the draw.

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If you're setting as right and use it in what ever context, so that's just, this was just

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my proposal for capacity building, but I would like to interject a bit and we saw people

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working in public procurement.

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I also worked in public procurement as a supply for the public sector.

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And so, with these legal changes, and this may be a dissenting view, I think the best

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for the open source community to aim for is an exclusion from this legislation, because

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there are certain elements where you don't have to go through the EU procurement processes,

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and that's more convenient if you're in a procurement position, not to have these complicated

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processes.

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So if there would be an exclusion from source, that would provide a huge incentive throughout

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the public sector, and everyone affected by this regulation to procure open source, because

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it's simpler for you.

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And also, this exclusion doesn't have to be total, by the way, in the regulation,

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there are, in the existing regulation, there are already broad exclusions for communication

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infrastructure, et cetera.

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And it wouldn't be fantastic to have this exclusion, but maybe not a total one, maybe

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just one for, as I mentioned on my slides, these co-platform services, what really matters

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operating systems, video telephony solutions, and so on.

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And then, additionally, have open source definitions and so on, put into this legal instrument

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for all the rest, that would be helpful to build a base within this legal instrument.

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Yeah.

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Excellent.

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Julian Chauder, you're from, here from Tendis, it's, you're a bit, are you, do you consider

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yourself's colleagues between Tendis or more frenemies, partners, are very, very close,

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which they're next to each other, very enough.

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So, my question to you, would be, is the adoption of open source actually going quick

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enough in public authorities?

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You, I think, are quite successful right now with the Open Desk, as a product with public

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authorities.

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How's it going?

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It's going marvellously, it's great.

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Now, it's, of course, it's complicated.

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When we consider the migration to the Open Desk, this, for many institutions, this is

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a largest migration, they are going to take in the next years or have been, in the last

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decade.

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Because they have been slowly getting into a, well, a consortium of tools that they

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were just used to.

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But apart from this, I think the procurement side for what we do doesn't impact us in the

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negative way too much, because the Open Desk is designed as a tool for digital sovereignty.

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And right now, there is no framework that allows digital sovereignty without the forfreedance.

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We don't have a competitor in that field.

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If someone wants a sovereign solution, that's the tool to choose, and that's what the

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tenders are going to go for.

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The alternatives just can't put up with this.

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But at the same time, we are at the very, very special situation.

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The Zenders, it was, and the Open Desk in particular, was designed for digital sovereignty.

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And we were funded by the government, we are still a government agency, and we were always

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prepared to lose the product, because this is not just open source.

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We use components that existed before, yes, like standing on the shoulders of giants.

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But at the same time, this is complete free software.

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We do not have a proprietary model behind this.

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This is not, we take most of the code and build the tool on top of it, which is for many

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open source, or many tools, there's a status quo, how it's built.

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We go the free software way.

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The software itself is, we are exchangeable, right?

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Anyone else, any other company, could take our place instead.

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And this is something we have been prepared for, right?

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For other companies, this is a completely different game.

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So this doesn't face us as much, but whenever I talk to companies, open source companies,

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this is what they call a problem with investments.

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They don't understand that you can invest in a software, you make it free software, you

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make it available, and your competitor has it as well.

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This is something we are starting to understand as a society, and how can we make this shift,

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how can we ensure that the open software solutions are available, they are able to put money

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upfront and not lose it just to the competitors.

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Again, we are zendous, we are from the state, where we have a different situation.

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If we lose the product, this is fine, right?

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The problem is solved.

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For others, it's a completely different game, and I think this is something we have to

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address.

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On the other side, when we talk about, that's a question.

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I think we'll take questions at the end, I'd rather, first discuss that.

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He was, he sounded eager.

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Right, so this is just one part of this, and the other side, I can completely agree with

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what it's been said before.

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When I say digital sovereignty, and it doesn't face us as much, that open source has

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made competitors in various fields, but for many solutions, this is exactly what happens.

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The easier solution gets taken, or the one that has a name that is just established, and

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is an open source.

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This is why I completely understand the idea that it has to be forced.

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Open source is not an idea, it's not just one thing that can be opted into.

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You shouldn't even be able to opt out of it.

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Otherwise, the procurement will always go on most likely, but have it easier to go for

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the more proprietary solution.

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Last month, you've lightened out a couple of issues already for the public sector.

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How do you think the e-regulation could help in that regard?

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Thank you for that question, because I'm in no way a procurement expert.

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We're not reflecting on this.

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I can come up with some answers, and then that answer creates three new problems.

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To give it a shot, I think we need a mechanism, so it becomes okay to ask for the total cost

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of transition, or the total cost of excess, as part of the procurement process, and the

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evaluation criteria.

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It actually becomes transparent.

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If I choose this piece of software, it will cost me X amount to replace it in three years.

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Then I think open source would win every time, hopefully.

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And another city, I think it could be that we need to distribute the risk, so we don't

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just push the risk downwards.

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We need to collaboratively see how the risk, so maybe if the EU had a standardized set

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of procurement specifications, and if you use those, then there's some form of safe

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harbour, legal safe harbour, and to take it even further, those specifications could

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be an open source project, where each member's state could contribute.

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There's already a bit of nodding and headshaking from undery.

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Oh, yeah, I see that.

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Yeah, I thought maybe you wanted to react to what Russell said, because you were very engaged.

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It seemed.

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Yeah, I was very excited.

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I think we should have the discussion.

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There will be this EU reform on the procurement rules, and it's very complicated.

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And a lot of parameters we should think carefully about, and keep in mind that it's not

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only about open source, but there's something else I would like to interject is, in Germany,

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what we got enshrined into law, in some federal states, actually, see how it's just like

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touring, but also on the national level, in the online students' heads, too, online access

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law, too, is like a soft preference for open source, like open source is to be preferred.

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And of course, the pressure groups for open source, they're not satisfied with that.

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They said, oh, it should be mandated, but at the same time, it creates an environment,

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and we know it's like a slow migration process, where one moves into the right direction.

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A bit like this, you know, this is fish trap, where one, the fish can also go back,

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but we have the tendency to go move into the right direction, without having like this

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hard, no, you have to use this, because especially in the public sector, when it comes

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to migrating to a new office productivity software, it could be that your employees actually

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hate the software, they don't like it, they say, why can't we use whatever one else

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use, I want to use teams, I want to use Excel, this is so unproductive, and then, you

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know, the next political government will complete your reverse everything, that's always

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a risk, and in the end, I think what's important is that we move slowly into the right

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direction strategically over 10 years, maybe, yeah, I like the idea of open source first,

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or open source by default, or unless, or whatever we call it, but it just seems to me that

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does it actually work, because it's, it's in the law, and it's, I don't know, there's

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something in the Netherlands and various other places, and it's always the unless, we

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see the same in the governance model in the association, I represent, even with members

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that are, we have direct contact with, they always use the unless explanation, and that's

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why I think, if we make it, instead, think of, okay, don't, let's not try to force people

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using open source, let's make it transparent, what is the total cost of choosing Microsoft

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Office 365, because no one knows what the total cost is, they know what it is, what the

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yearly fee is, but the actual transformation, if you need to change it, no one knows what

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the cost is, and we need the transparency on that.

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We only have about five minutes left, I'm very sorry, do you want to quickly interject

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some things to you?

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Yes.

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And then we asked the audience for questions because they were already some arms.

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I was a small addition to the, and in the Netherlands, we also have to policy on with,

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and when the software is equal, then open source get, and needs threat preference, but

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what the issue with that is that is a matter of equality versus equity.

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Open source works differently, has a different rule set than close source, so the ecosystem

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is different, so if you don't know that the ecosystem you're procuring in, it's placed

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by different rules.

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You never get that equality, so open source never gets the preference, so we need to change

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the way we've cured to actually get into that stage that there is equal preferences, and

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that's something that I try to educate a lot in the Netherlands, that the policy is useless

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if you don't grasp the underlying differences that are, that already.

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It already takes me to the first question that we received online, and that's, do you

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have a guide that's available from the Dutch government already?

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Yes, I have a lot of open policy instruments that I'm shouting out to cooperate with, in

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which I make it easy for procurement experts to actually procure open source.

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Where can people easily find it?

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Yes, I've posted it and joined up, I've posted it in the due group of selected group,

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and if there are better places where we can cooperate on these instruments, I translate

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them into English, for example, with Patrice Emmanuel, from the EU European Commission,

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with Emma yesterday on these, so it would be great if we could cooperate and make open source

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community development actually work for the procurement experts that do the practical jobs

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that also, no Sebastian, you're, we will put the links on the description of the session.

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All right, questions from the audience, I'll take women and non mails first, and you had

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your question online.

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Any non mails?

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I'm sorry if I'm assuming.

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All right.

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Thank you.

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My name is Thomas coming from a Swedish company called Digitalist, and I've been procuring

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towards governments for 20 years, and I've been very frustrated, we've been providing open

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source, but I think I'm thinking positive here, so I'm, and I like what you've talked

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about last night's with, and I think incitement is the key, and we need to find incitement

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for the procuring authorities and for the providers.

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So my idea goes to that we need to start valuing what companies do and what we procure

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in terms of money and resources, and I think one of the things you mentioned, Rasmus, is that

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like how easy is it to change, or we also need to look at the providers, are they contributing

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upstream that should affect the project budget basically?

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So, and other things is like, is the company paying taxes back to Europe, or is it like

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a tax-constructive, like Microsoft, where everything goes back to the United States, without

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actually staying in the European Union?

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So if you look, take these parameters and make instant, like change how we value procurements,

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we will see the real value to back to the society when we procure software.

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So that's my idea, my question to the panel, have you seen something like that, or do you like

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the idea?

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Can I, two weeks ago, I published an article in a Dutch news letter that's also been

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read by many students, by parliament, about secured ownership.

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So in the Netherlands, we had a situation that our digital identity infrastructure, cloud

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provided was taken over by the American private equity, and what we've said in the opinion

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was just looking at the company in itself, isn't enough, you also should look at those

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owning the companies and the rich behind that, so that stock market companies have a lot

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more rich than the Stewart-owned companies or social enterprises, and that we should take that

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inconsideration for vital infrastructure companies.

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This has been taken by markets and scientists into a petition and handed over to parliament.

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So this is something that we're working on, but again, it's pushing the boundaries of

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procurement law and it's something that the lawyers in the Netherlands find difficult

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to move around, and that we, it's also, it's all European procurement law, so if we

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can team up with lawyers, a nation or a European, why that would be great to make this

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actually worth.

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We are unfortunately on time, so I look at the mic to Emma from one last statement.

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One last statement.

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I wanted to, so in France, the situation went from very, when it's to procure, went

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from open sources, not in the plan, to it's plan B to help us best negotiate with

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the preparatory solutions, so it's always nice to have a plan B to say, oh, can you lower

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a little please the price of the license and make a better deal for me to plan A prime,

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which is our, well, for some reason maybe we should consider it as our plan A, so I would

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say we are now in this situation for most of the ministry, which is a really great news,

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and I agree with what you say, who is too, that we really, I mean, it's my job at the

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Ospo to help ministries work on guidelines so that it's easier for them to procure in an

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interesting manner in something, in a manner that's interesting for the open source ecosystem,

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so meaning that, for instance, if you buy from a vendor or from an integrator that is open source

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to make sure that this person will reinvest into the maintenance, and this is the kind of detail

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that we're working on our procurement right now to make sure that not only do we buy from companies

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when we buy from companies, but also let's buy from companies that really supports maintenance

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and ecosystem. Thank you so much, I'm so sorry that we only had sort of time.

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Thank you, everyone. If you leave in the room, please do so quietly because we

