Article 1st.- Aim of Law

This law has by aim to establish the measures which permit the adquisition of software licenses by the public administration in conditions of neutrality, free concurrence and equal treatment of suppliers.

Article 2nd.- Information Systems Governing Body

The technical evaluation of the software and hardware required by the public administration will be according regulations dictated by the National Informatic System governing body.

Article 3rd.- Definitions

By effects of the law the following definitions will be adopted:

1. Free Software: Is which licence garantees the following faculties: - Unlimited use of the program for any purpose;

- Inspection of the working mechanisms of the program;

- Free distribution of copies of the software,

- Modification of the program and free distribution both in the new program, as on the old one, under the same conditions.

2. Propietary software. It is that which license does not permit all of any of the faculties defined above.

Art?culo 4?.- Technolgy Neutrality

No public entity will adquire hardware which forces to only use a determined type of software or in a way limits its informatic autonomy. In the case of not being the hardware required by the public administration which may be used by different types of information systems, such must be certified by the Informatic office of the entity.

Article 5th.- Study, Evaluation and Preliminar Report

The use or adquisition of software licenses in the public administration requires the previous report of evaluation of the Informatic Office, which determines the type of license which results more convenient. The form must contain, under responsability, a comparative analisis of the market values, as well as costs and benefits on the short, medium and long term of the existing licenses. In the case of only one type of software being available, the form will limit itself to certify this fact. The report will be made public on the web site of the entity which corresponds, unless in cases of reserve due to national security.

The entity will procure that the adquisition answers to the principles of effectiveness and technological neutrality, transparence, eficiency and limits of austerity and savings of the public resources.

Article 6th.- Neutral Training

The National Informatic System guarantees the start of technology specialisation and development of programs to capacitate the employees and administrative work force of the public administration, in conditions to the neutrality and technological effectiveness.

Article 7th.- About Responsibilities

The maximum authority of the sector or public entity and the chief of Informatics in each one of them are administrative, penally and civilment responsible for the non-compliance of this law.

Final Dispositions

First.- The non-educational institutions not dedicated at the especialized teaching of software which have in their programs the teaching of software shall do it in conditions of technological neutrality.

Second.- The executive will reglament the present law in place of sixty days after the day of its publish.

In Lima, twenty five days of september of two thousand five.

MARCIAL AYAIPOMA ALVARADO Congress President

EDUARDO CARHUARICRA MEZA Third congress vicepresident

TO MISTER PRESIDENT OF THE REPUBLIC

Translation by: Gabriel Puliatti