Open source to gain a legal appeal?

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Named the "Digital Software Security Act," the proposal essentially would make California the "Live Free or Die" state when it comes to software. If enacted as written, state agencies would be able to buy software only from companies that do not place restrictions on use or access to source code. The agencies would also be given the freedom to "make and distribute copies of the software."

"The legislative intent is that for software to be acceptable to the state, it is not enough that it is technically capable of fulfilling a task, but that the contractual condition for purchase and/or licensing must satisfy a series of requirements regarding the license," the proposal states.