Re: [Fsfe-uk] Avoiding having to use proprietary software and closed formats

[Sam Liddicott]

Mark Preston wrote:

> *Hi all,
> Below is part of a proposed NHS dentistry contract with my local PCT.
> I would like some advice on rewording the clauses below to ensure I do 
> not have to use any proprietary software or closed formats in my 
> dealings with my local PCT. I am particularly interested in changing 
> clause 173 part 1 where it states "*in such format, and at such 
> intervals or within such time period, as the PCT specifies; " . I 
> would like to add something like "provided it is an open format, and 
> does not require the use of proprietary software, or software impinged 
> by patents"
> *Regards,
> Mark Preston
> Thanks for any advice

I would cast it as an exception as it sounds more reasonable, as you are 
protecting yourself against requirements so vaguely specified that you 
may not be able to fulfil them anyway - who knows what they may specify:

  excluding proprietary or closed formats or formats covered by patent 
which may then present a burden on the contractor or PCT.

No doubt the PCT is not knowingly intending to oblige you to provide 
data in formats so contrained anyway, so maybe they will have little 
problem with such an addition.

Sam

> *
>
> *
> *
>
> <contract clauses>
>
> 173.
>
>      The Contractor shall, at the request of the PCT—
>
>
>         1.
>
>            produce to the PCT or to a person authorised in writing by
>            the PCT in such format, and at such intervals or within such
>            time period, as the PCT specifies; or
>
>
>         2.
>
>            allow the PCT, or a person authorised in writing by it to
>            access,
>
>
> the information specified in clause .
>
>
> 173.
>
>      The information specified for the purposes of clause is—
>
>
>         1.
>
>            any information which is reasonably required by the PCT for
>            the purposes of or in connection with the Contract; and
>
>
>         2.
>
>            any other information which is reasonably required in
>            connection with the PCT's functions,
>
>
>
> and includes the Contractor’s patient records. However if copies are 
> required, they are at the PCT’s expense.
> </contract clauses>
>
>
>
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