Netherlands war against Microsoft advances on two fronts

A junior economics minister in the Dutch government has made significant inroads this week in his battle against Microsoft there, both in transitioning his government to ODF and in decoupling bundled software from PCs.

What Neelie Kroes is to the European Commission, Frank Heemskerk is fast becoming for the Netherlands Finance Ministry -- a rising star, especially for taking on popular causes. One such cause -- the battle against Microsoft's market dominance -- has won him support, and this week, the popular Economic Affairs State Secretary has cashed in some of his chips for political points.

Yesterday, a version of a plan proposed last September that would move Dutch government offices toward open-source office software that uses OpenDocument Format, received the necessary votes yesterday to be formally passed by the Dutch Parliament.

"Open source software has many advantages," reads a translation from Sec. Heemskerk's office yesterday, "which we've seen right in front of us for quite some time. Licensing costs are reduced, you're not so dependent on any one supplier, and innovation has a real chance."

Under the terms of the plan to which the Parliament agreed, according to the Associated Press, government offices must start using open-source software by April of next year. They can continue to use proprietary software also, but each office that does so must specify its reasons in advance, and apparently must receive specific approval from a higher authority.

Netherlands Economic Affairs State Secretary Frank Heemskerk

That authority has not been revealed in US or Dutch reports, though one obvious candidate would be the NMa, the Dutch pro-competition authority.

Although the passage of the plan is a clear victory for open-source advocates, the terms revealed to the AP appear somewhat watered down from the version Heemskerk proposed in September, according to Dutch reports and which BetaNews reported earlier this week. That plan would have called for Dutch government offices to have fully transitioned to open-source software by January 2009, without giving offices the option of requesting exemptions.

Over a five-year period, the Finance Ministry estimated this morning, existing plans to move local and municipal Dutch authorities' offices to open source software have collectively saved them over 30 million euros.

As if Sec. Heemskerk didn't have enough reason to celebrate, a second measure he's championing has also taken flight: Yesterday, the Dutch Lower House read into the record an open letter sent to it by the Dutch Consumers' Association and the Dutch branch of the Internet Society (ISOC), prompted by Heemskerk and calling for retailers there to start listing the prices for PCs and their bundled software separately, and giving buyers a way to request rebates for bundled software they'd rather not purchase.

"Bundled software," more often than not, includes Microsoft Windows and Office, but the letter also quite interestingly singled out Nero's DVD burning software as another example of a product for which consumers might want a refund.

"Anyone who buys a computer will often find by default all kinds of software, such as Microsoft Windows, but also Nero DVD and Microsoft Office or Works," reads a polished translation of the open letter. "The Consumers' Association and the association for Internet professionals ISOC are fighting together for the principle that consumers should be able to choose." It would be nice if consumers could reach a bargain about the software they purchase, the letter goes on. But today they can't because there's no way for them to know what part of their consumer purchase goes toward the software; and if it doesn't work out for them, it's unclear how they can get their money back.

Linux is, for all intents and purposes, just as good as Windows, the letter continues, except it's either cheaper or free.

According to the Dutch news source nu.nl this morning, the Lower House responded to the letter by formally asking the NMa to open an investigation into whether mandating that retailers break down their pricing into two tiers and offer rebate programs for the software tier, would be warmly received and pro-competitive. Since the NMa operates under its own timeline, however, it isn't certain yet when or if the NMa will comply with the request.