Gutachten zu den rechtlichen Voraussetzungen der Nutzung von Open Source Software in der öffentlichen Verwaltung insbesondere des Kantons Bern

Published on: 30/08/2016
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The Canton of Berne can publish their own software as open source

With a motion of the Cantonal Parliament instructed the Government that software, at the Canton Bern owns the copyright, which makes sense as open source software (OSS) is to be released to the public. The Office of computer science and organization (KAIO) was to clarify in this area still uncertain legal an opinion of Prof. Dr. Tomas Poledna and Prof. Dr. Simon Schlauri commissioned. The now present report shows that the publication of OSS by Bernese authorities is legally permissible and can be done without new legislation. The KAIO will now work in 2017 the basis for official OSS publications, probably in connection with the adjustment of the regulation on the organization and duties of the Finance Office during the current ICT harmonization program IT @ BE. With the publication of official business applications as OSS, the circle of Use ligand and developing is greater, which reduces dependence on individual companies and people, thus contributing to reducing the maintenance and further development costs.

Nature of documentation: Policy/Strategy papers

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