Transcript of SFP#27: Policy and EU: Open Source hearing in the German Bundestag

Back to the episode SFP#27

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Before we start with the podcast, we would like to say thank you to all of you who support

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show notes.

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Welcome to the software freedom podcast.

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This podcast is presented to you by the free software foundation Europe.

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We are a charity that empowers users to take control of technology.

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I'm Bonnie Merring and our guest for this episode is Alexander Sandar.

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Alex is the senior policy consultant for the FSFE and in his work for the FSFE, he monitors

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the current happenings in the European Union and pushes for the recognition of free software.

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Today we will talk about the open source hearing in the digital committee of the German

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Bundestag.

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The hearing took place in the beginning of December on the 4th of December to be precise and

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Alex was invited there as an expert for the FSFE foundation Europe.

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So what they discussed, we will now talk more about with Alex.

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Hi Alex, nice to have you here again for our free software policy update.

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Yeah, thanks a lot.

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Thanks for the invitation and yeah, happy to be back.

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Yeah, thank you for making the time.

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It's always nice to hear here.

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So you were invited as an expert for the open source hearing in the digital

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committee of the German Bundestag.

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Can you tell me a bit more about this?

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Can you tell us the background?

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How this happened?

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Was there some previous contact?

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And also can you tell me who actually organized the meeting and what was on the agenda?

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Yeah, absolutely.

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A lot of questions.

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I'll start with the coalition treaty of the Ampelregierung, which was the government

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of Germany in the last years.

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And they agreed in their coalition treaty to basically follow the principle of public

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money public code, so our initiative where we asked governments, public bodies, public

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institutions to release free software whenever they invest in software.

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And this demand was more or less put into the coalition treaty and then the government

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should have worked on this.

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And part of this work is that then also the Bundestag, which is the parliament in Germany,

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discusses these topics and comes up with proposals, ideas, and what they want to do in

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this.

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So, and therefore it's pretty common, then whatever, there is a law-making process or

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there's a topic where a government wants to work on or parliament works, wants to work

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on that they before they start the work, that they come up with a hearing in order to

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get some input from experts.

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So, and this is what happened here.

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So we gave them input as experts, but unfortunately, as you said, the hearing took place just a

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few days ago or in this regard, maybe so already weeks ago, and there is no government anymore.

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So here we see that there was already something which was not that normal, not that common

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when you normally talk about hearings.

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So the thing is, the last government and they didn't really work that much on open source.

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So they did some things, for example, they followed up with the Center for Digital Democracy,

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which is hosting, for example, open code to a code sharing platform for software tools for

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the public administrations, but also the standards, so the Center for Digital Soranity creates

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the so-called open desk, so office solution for public institutions.

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However, not that much happened in between, but the parliamentarians still wanted to have

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this hearing since they wanted to debate this.

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And here we have to say that the pressure from the committee itself to host this hearing,

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no matter if there's a government or not, was the moment that they decided to look we

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want to still discuss this, even if we won't act in this term anymore.

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So basically the hearing then happened because of a fight of the parliamentarians, and this

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is also how the process then works, the parliamentarians who sit in this committee, which is basically,

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if you like, a plenary for a specific topic, this is a committee in the parliament, so you

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have the plenary in the parliament, and then you have many committees.

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One on digital, for example, one on economics, the other one on security, and so on, and

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so forth.

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And in this digital committee there, they wanted to discuss the topic of open source, and then

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they agreed on, so even if we didn't have the time to work on this during our term, as

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we agreed in the coalition treaty, we still want to run this hearing in order to maybe also

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prepare the next government, so that the knowledge, at least, is already out there.

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So basically the idea of the hearing is to invite experts to gather ideas, and then out

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of this input from the experts, and then also other stakeholders that come externally, law-making

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process starts.

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So and this happened in the hearing, and they invited basically nine experts from economics,

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from civil society, that was our ticket, so to say, from research, but also from public

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administrations themselves.

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And these nine experts presented their positions towards the hearing, how they think, how

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the government, how the next government should work on the topic of open source.

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This was what happened there in the hearing, and that's why it happened that way and at

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this time.

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All right.

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So even so it now does not really have an effect for the current amperage, which is not,

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or which by the time we were released as podcasts, will not be the government of Germany anymore

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because it will be after the 16th of December when the German Bundeskanzler will ask the

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Vertrauensfrage.

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I'm not sure how to say this in English, how do you say it in English?

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I think this is a pretty German word, so you can go with this, I guess, so, but it's basically

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the attitude to shut down the government, officially, into open and pass away for new elections.

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So there is definitely no room for this government to work on this topic, but the members of

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the parliament and the institution, the parliament itself, will keep record of this hearing and

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the next government will definitely learn about this hearing if they don't learn by themselves.

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We will tell them that it happened and that they should listen to what was said because

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the hearing itself was very interesting and also from the topics that have been.

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Yeah, we will come to this in a second.

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Yeah, okay, sure.

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Okay, okay, I just want to lay down the foundation so that we are, because not all of our listeners

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are from Germany and this is a very German process, I can't imagine.

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I guess it is also similar in other countries, but for now, we just lay some of the foundation.

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In this committee, there were only coalition members, so there were also other parliamentarians.

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No, it's, it's pretty much like, it's, it's organized like a tiny plenary.

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So basically in the committee, you have less people than in a plenary, but every group is reflected

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in the same amount of people or in the same percentage, like if it would have been a plenary meeting.

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So if you have 300 people in a plenary, you have 30 people in the committee and then you just,

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like, delete everywhere zero and that's the amount of them members that are then in this

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committee to break it down.

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So it's something like a small plenary session, but on a very specific topic in this case

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digital.

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So other members of other parties who are not currently part of the German government

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are also in this hearing, they also learn about exactly.

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So these are members of the parliament.

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So these are, this is not the government, right?

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So the parliament is disconnected from the parliament, so you find coalition groups.

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So you find the groups that elected basically the government, but they are not the government.

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So even if you talk to, in this regard, or in this, in this case, to social democrats,

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liberals, or Greens, then you talk to the members of the parliament and not to the members

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of the government.

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However, the majorities in the parliament are then at these three groups in this example,

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and it's likely that they will vote in the direction of the government, but even if the

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government proposes a law and brings it to the parliament, members of the parliament

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modified this.

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So even if a law is proposed by the government, this is normally modified during the parliamentarian

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process, but with the majorities of these coalition parties.

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So this is the normal workflow.

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In this case, so if the government would still have been there, this would have meant that

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then based on our input, for us, it would have been important that these coalition parties

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follow up based on what we have said.

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Because there are none, basically we reached out to one could say everyone who is there.

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So basically the next government, so the next parties that formed the government, this

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was basically the people we tried to address in this hearing, and this is basically pretty

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much more or less everyone that was there in the parliament.

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All right.

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Thank you very much for the foundation and the background.

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And what was actually just Gus in this hearing?

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So what was the position that the FSFE brought in and what was the position Althas brought

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in there?

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So basically every expert had the chance to submit a written statement beforehand.

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So before the hearing started, and this is what we did.

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So we wrote down, I think it was something like 12 to 15 pages, where we explained our

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general views on the topic of open source in particular related to governmental actions.

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So what the government should do or what the parliament should do in this regard.

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So in terms of lawmaking, of implementation, of practical regulation and stuff like this.

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And in the hearing itself, we had the chance to present the position in five minute statements.

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So we had the chance to say for five minutes, whatever we want to do or whatever we want

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to say.

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And this was true for every expert.

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And then after this first initial round of presenting positions, the members of the committee

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had the chance to ask the experts questions that come up for them.

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So basically it was this is why it's called hearing a possibility for members to ask experts

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on specific things that they want to learn.

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So and yeah, obviously we were not aware of potential questions.

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So that's why we are experts, we can answer everything.

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And so basically this is this is then true for all the nine people that have been invited.

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And positions were basically pretty pro open source.

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So even the representatives of their proprietary vendors agreed on the need for open source and

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the values of open source, however, they also fought for making a point for proprietary

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software.

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But there was basically only one expert who got in this direction and was a representative

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of small and medium enterprises here in Germany.

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And but other experts were clearly going in our direction, this basically one could say

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following our public money public code demand, asking for investments in open source, asking

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for migration into open source, asking to get rid of the vendor log in and to pass the

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way to more digital sovereignty.

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And for us, it was important in our position to make clear that digital sovereignty for

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example is only possible if you also use free software.

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So there won't be digital sovereignty without free software.

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So this is a connection we wanted to make.

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Also we wanted to underline that only interoperability is possible with free software that contributes

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to the goal that administration can work together that they can collaborate.

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And by this on the medium and long run can also share costs and expertise.

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So the arguments you pretty much know from our public money public code campaign.

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And another point we made and there it was basically one could say kind of like a unique

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point we brought in or a point that we're not that much discussed by others is the topic

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of open washing and this is something we have already seen during the Corona crisis very

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prominently.

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We also wrote blog posts back in the days on this.

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So that there are companies out there pretending to be free software pretending to be open source.

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But basically they are not so we all know free software open source software also has always

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have to for freedoms to use study share and improve.

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And whenever one of these freedoms or more of these freedoms is cut, then we can't talk

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about open source of free software.

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So we often see this for example that you have for example a limitation in the use case.

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So you are only allowed to use this software for 10 persons for example, right?

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And this would be a case where we say look this is open washing here is somebody who pretends

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to be open source, but he's limiting one of the freedoms.

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And by thus comparable to green washing.

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So this is where we got the term from.

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And something similar happens at the moment in the software or in specifically in the open

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source world that there are proprietary vendors who see that there's a market that in particular

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governments want to have more open source and to be still on this market.

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They pretend to be open source, but they are not.

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And this is something we wanted to make yeah, basically parliamentarians, but also in general

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the public aware of and that it is important that if you start procurement procedures that

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you really get open source, when you want open source and nothing which only pretends

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to be open source.

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How are the reactions to the discussion about open washing because like this is a very

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new discussion.

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So it's not something that a lot of people are already aware of.

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And it's something that's also a bit complicated because it's not always quite simple to see

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if a product is actually really open source or free software.

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So how are the reactions to this from the parliamentarians?

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I mean, you are right.

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So this is a pretty new topic and so the reaction I would say was not that they specifically

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picked up the determine only discuss this, but it was clear that they understood the point

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that was for example, yeah, a conversation about how do we release the code towards whom

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and who should have access to the code because this is definitely something which we also

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see from the German government so that they hide their project, that they hide their code.

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And there is definitely a question if this is because of a license or if this is because

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of a non open source license that they hide their code.

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And here we made a point that we need to investigate and also that we need to make sure

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that the code is released.

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And we have also seen in the past in particular around the German procurement procedures that

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there are already open versions around this is what we addressed and yeah, it was picked

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up by another question, but it's also not the case in such hearings that you have a lot

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of time to explain or to discuss in details because for the questions back and forth

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themselves, you have another line one or two minutes.

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So basically you can just put out statements again, but it was clear that the topic was

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basically understood and it was also seen in the media afterwards that this was picked

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up and that people understood that there might be an issue and that we need to address

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this issue and that's I'd say a success for such a hearing.

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So but it's very uncommon that you start a really like a in-depth debate then on this

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very specific topic also hidden in mind that there have been eight other experts next

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to me also with other topics and what I liked a lot is that I had the feeling that parliamentarians

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really understood the values of open source that they understood the core idea of open source

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or they understood the four freedoms and they understood that the four freedoms are important

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also on the question of how does it benefit not only the procurement process itself, but

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also we talked about spillover effects just to mention, for example, the education sector.

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So that was something we also discussed so that's also very important to have free software

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in education so that you are not educated to have a PowerPoint but that you are educated

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to run a presentation so that you are not teach the product but rather on how to control

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technology and these were more practical discussion points we had on the radar.

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But for all of this, open washing definitely plays a role and there was one side question

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on this and a couple of remarks in this regard so we can see that this topic is at least

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on the radar of these people and that's already success.

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So it's picked up.

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So you already mentioned that you are all feeling or the overall atmosphere was that they are

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pro open source and free software or that the parliamentarians who attended this were very

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much in favor. Do you have the feeling that this actually changed over the years because you are

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in the policy game for quite a long time now? I'm not talking about age again but just

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your experience there. Do you have the feeling that it's actually that the understanding of free

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software and the understanding of the four freedoms increased over the past years?

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Definitely. So there is definitely so we can see a lot of progress and I mean this debate

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like it has happened there 10 years ago would have been impossible even five years ago.

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It would have not been this in that conversation with members of the parliament and that would

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have been way more missed out there than we hear today. So and also you can see it in the law

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making process or in the regulation process itself. So you can see more and more documents

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that value the use of open source that we want to go more in this direction that we want to have

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more and more and more. The only thing that we see is that we are basically at the point that

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we have enough papers one could say it's start to implement this it's start to act on this

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and this is I think where we lack and this is where we need to create some pressure so that we

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not only talk about the advantages but that we also do something in this regard and this means

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that we not just create these papers but that we also give for example resources

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to these projects and that's also something where I said we need to

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rethink our current approach I mean with our public money public court campaign we talk about

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procurement and I think procurement is the most important part when it comes to to open source

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in public administration. So that's the easiest and most efficient way to get and to support

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free and open source software but there's also other things I mean there's a market out there and

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I do believe that these people on the market in particular those who only benefit from free software

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should also contribute back to the free software ecosystem and here I do believe that we also need

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rules and this is something we're also asked the parliamentarians to work on so to come up as

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funding for free software not only from the government but also from the market themselves

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and here this is something where we need to work on and where we need to create pressure

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that there's implementation last time we met we discussed how the European Commission

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removed funds needed funds for core infrastructure projects for free software this is the wrong

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direction you cannot say on the one hand we want to invest in open source and we want to go in

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this direction and then we move these funds on the other hand this is the wrong way and this is

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also something where we need to have an eye on it's not only about good words it's also about

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resources it's about acting it's about doing at a long term perspective especially

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absolutely I mean we made it that they understood our point now we need to make them doing

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we have to feeling that something is happening in this direction as well because I would absolutely

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agree there's a lot of paper on open source or free software in public procurement and there's a

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lot of talk about using free software in the public administration but so far very little is happening

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can you like tell me a bit more about your idea or your feeling in this direction and if there's

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if there will be more happening in the next period what's your feeling I know it's a guest question

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I know we can't say for sure but yeah and particularly in this time since we even do not know

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election results it's pretty difficult it depends and this is very clear on the way of the parties

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and that will form the next government yeah and here we will again try that we get our sayings in

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the coalition treaty and a very concrete point we will have is that we for example have this

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agenda for digital sovereignty which I just mentioned earlier that have these tools that they

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already work on and that they want to have a yeah office solution which is free software for

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the German and maybe even European administrations out there but this needs funding so this needs

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resources and here we will definitely ask for resources and make sure that these resources also

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only go into free software that's a that's a very concrete and practical thing to do and this is

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something which I do believe will be followed up by the next government in some way the question is

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how much resources do they give them and how much do they value what they do so there will be

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there will be some follow-up so to say and this tenders won't die with the next government

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but the question is will it be a real center for digital sovereignty or will it only be

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something that has the name to be a center all right so we need to see what's happening in the next

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few months yeah we have to fight for this and this is what we will do so basically at the moment

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we are already reaching out also based on this hearing and trying to identify those who most

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likely will negotiate the next coalition treaties and try to present them our positions make them

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aware that we can be asked as experts so if they want to write text or if they want to come up with

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new ideas or rules that they can reach out to us and that we help them yeah to find a good

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position on this and by thus influence the coalition treaty but then also based on this

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what happened in the past and what is needed for the future so that we face them basically

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with the real world problems that are out there when it comes to the use of software and then

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it's clear we have to go in the direction of resoftware and we continue this path and as you said

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it's a long term game so nothing is one nothing is lost but we continue

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right so we should definitely keep an eye on this and I think we will talk about this more in the

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future yeah maybe one quick remark on this so there's also recording of the whole hearing on our

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media.fsc.e.org channel but there's also a version which is only cut to the statements which

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I presented for the FSC which is 12 minutes so if you are happened to be a German speaker or

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if you know somebody who can translate this to you for free to watch this to get an impression

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of the whole hearing but also our takes and can also find the written statement this is also

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public yeah if in the moment it's only available in German but we think about translating it into

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English since this is yeah also true for pretty much every government and I want to distribute it

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over there so we will also use this hearing in order to reach out to other countries other governments

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and telling them about our expert position and so the name of the Bundestag definitely gives this

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gives the topic some sort of relevance and by thus we can go to others tell them about

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this hearing in a best practice story and create momentum maybe even in other countries so it's

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not limited on German what we are doing Mr. Singh but we try to create yeah or use this resource

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also for other countries so that we can have impact not only in Germany but European right all right

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out of the resources are also linked in the show notes and now we have talked quite a lot about

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what we need to do in the future what's happening right now what's happened what happened in

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this hearing and how this hearing helped us I would like to come to my final question and ask you

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what was the most positive thing that you saw about the invite and the hearing itself so

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what was that that stood out for you I think there was a moment in the hearing when

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the representative of this SME group who is pretty much a favor of proper derives of there

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when he got the question by basically a liberal member of the parliament and

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basically when he tried to explain why his solutions are also digital serenity

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digital serenity got stopped by the MP the liberal MP who asked the question and he just said look

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I'm also coming from the SME world and in particular SMEs are pretty innovative and the market

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changed and you should go with the market and the market is now open source so and this is I think

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something which shows how the market also changed and how also liberals already look at this market

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and see that yeah it's a market for open source and that you as a company should rather adapt

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if you want to be around in the software market in the future and I think that's something

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that many companies should think of when a liberal MP tells them that the market changed

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yeah that's quite outstanding I'm really happy now that I asked this question

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you know you know what I found so fascinating about this is that the FSFE has been doing

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and is still doing incredible work for free software and you would have imagined 10 years ago

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that you would sit in a committee like this and be invited as an expert I think this is amazing how

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far we have gotten and this is only possible because of the support we receive from all the people

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that are out there and that are donating to the FSFE that are being volunteers of ours

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this is also something really incredible how far we have gotten over the past years

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yeah and in particular I mean it could have happened that we have been invited to a hearing

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but it would have only been us with this position and now we have a hearing that the

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proprietary person is the only one with this position and all the others are open source and I

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think that's the thing that changed and that they listen to us they might have even invited us

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in the past but we would have been the one person and this changed into eight persons

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and the one not talking about open source is singled out and even told by the MP that he might have

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to sing about his position absolutely and he's right so I have to say this liberal MP was right

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all right thank you very much Alex for sharing all the background the story and for giving us

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more insight was a pleasure to have you same here thanks a lot this was the software freedom podcast

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if you liked this episode please recommend it to your friends and rated stay tuned for more inspiring

31:57.080 --> 32:03.560
conversations that implore them explore the importance of software freedom and its impact on our

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32:10.520 --> 32:17.880
charity that works on promoting software freedom if you like our work please consider supporting

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us with a donation you find more information under fsfe.org slash donate also linked in the show

32:27.880 --> 32:32.440
notes thank you very much and bye bye stay tuned until next time


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