Open Source Licensing

Open Source Software & the Government of India

Summary

The Government of India has released a policy advocating the adoption and use of open source software for government projects, prioritizing OSS over closed source alternatives. This policy is part of the broader Digital India programme, aiming to improve efficiency, transparency, and affordability in public services. The policy sets objectives to provide a framework for rapid OSS adoption, ensure strategic control in e-governance, and reduce project costs. While the initiative is cost-focused, it is a significant step towards developing India’s software infrastructure. The post also emphasises the need for open source license guidelines and due diligence measures to manage OSS risks and ensure compliance.

The Government of India released a policy on the adoption and use of Open Source Software (OSS) for government projects. The policy aims to cut costs and improve flexibility by encouraging the use, implementation, and contribution to OSS development across government organisations. Under the policy, preference must be given to OSS in government software projects; Closed Source Software (CSS) is to be an exception only where OSS is unavailable.

Policy Rationale

The preamble of the policy states:

“Government of India (GoI) is implementing the Digital India programme as an umbrella programme to prepare India for acknowledge based transformation into a digitally empowered society and a knowledge economy. Under the overarching vision of Digital India, GoI aims to make Government services digitally accessible to citizens in their localities and to ensure efficiency, transparency and reliability of such services at affordable costs. To meet this objective, there is a need to set up a commensurate hardware and software infrastructure, which may require significant resources. Organizations worldwide have adopted innovative alternative solutions in order to optimize costs by exploring avenues of ‘Open Source Software’.”

The Government has also promoted the use of open source technologies in the e-Governance domain to leverage economic and strategic benefits. The National Policy on Information Technology, 2012 expressly lists, as one of its objectives, the aim to “Adopt open standards and promote open source and open technologies”.

Objectives of the Policy

The policy sets out three principal objectives:

  • To provide a policy framework for rapid and effective adoption of OSS.
  • To ensure strategic control in e-Governance applications and systems from a long-term perspective.
  • To reduce the Total Cost of Ownership (TCO) of projects.

Compliance and Licensing Considerations

To ensure OSS compliance and manage associated risks, it would be useful for the government to issue open source licence guidelines and prescribe due diligence measures. Such guidelines would help maintain the integrity of OSS and provide a framework for identifying and handling associated risks. The suggestion has also been made that the government consider developing its own OS licence to govern all government software and reflect its broader philosophy on open technology.

Disclaimer

This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.