New Hampshire 2022 Regular Session

New Hampshire House Bill HB1273

Introduced
11/19/21  
Refer
11/19/21  

Caption

Relative to the use of free and open source software.

Impact

The passage of HB 1273 would significantly alter the landscape of software usage within state government operations in New Hampshire. By discouraging reliance on proprietary software, the bill seeks to enhance transparency and flexibility for inhabitants interacting with government services online. Moreover, it allows legal protections to developers of free software against restrictive clauses imposed by employers, thus fostering an environment conducive to innovation and collaboration in software development. State agencies would need to adapt their purchasing policies, prioritizing free solutions, which could lead to cost savings and improved software management.

Summary

House Bill 1273, titled the 'Securing Our Freedom To Write And Read Everything (SOFTWARE) Act', aims to promote the use of free and open-source software in state operations. The bill outlines several key provisions, including the prohibition of non-compete clauses and non-disclosure agreements that restrict contributions to free software projects. It also mandates that state agencies shall not use proprietary software for public interactions unless no viable free alternative is present, promoting accessibility and inclusivity in governmental digital services. The bill emphasizes the state's commitment to data portability for users, and it establishes a commission to evaluate the potential transition to free software within state agencies.

Sentiment

Reactions to HB 1273 appear to be generally supportive among advocates of open-source solutions, who view the initiative as a necessary step toward digital freedom and user rights. Proponents argue it empowers users and enhances the state's accountability in its software procurement strategies. However, there may be concerns from proprietary software vendors and some stakeholders who rely heavily on non-free software for government applications, as the bill might limit their market opportunities and shift the cost structures of servicing governmental platforms.

Contention

Key points of contention arise around the feasibility of completely transitioning state agencies to free and open-source software. Critics may question the technical capabilities, potential costs involved in the transition, and the quality and reliability of free software alternatives. There is also an ongoing debate about the implications for intellectual property rights and the enforceability of non-compete clauses in the tech industry setting, which could provoke resistance from businesses accustomed to restrictive contracts. The bill's provisions regarding law enforcement participation in copyright claims could also be contentious, raising questions about the potential conflicts with federal intellectual property enforcement initiatives.

Companion Bills

No companion bills found.

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