From e273bcce54d9bb7d0ea1af96c67418d7ef369f86 Mon Sep 17 00:00:00 2001 From: mzzntn <37122612+mzzntn@users.noreply.github.com> Date: Sun, 11 Oct 2020 16:59:04 +0200 Subject: [PATCH] Update faq.yml Added English translation #600 --- _data/faq.yml | 122 +++++++++++++++++++++++++++++++++++++++++++++++++- 1 file changed, 120 insertions(+), 2 deletions(-) diff --git a/_data/faq.yml b/_data/faq.yml index 163a26ce5ce8..438b8a4df246 100644 --- a/_data/faq.yml +++ b/_data/faq.yml @@ -6,7 +6,7 @@ it: answer: | I soggetti destinatari delle disposizioni degli artt. 68 e 69 del CAD sono le pubbliche amministrazioni di cui all’art. 1, comma 2, del decreto - legislativo 30 marzo 2001, n. 165, nel rispetto del riparto di competenza + legislativo 30 marzo 2001, n. 165, nel rispetto del reparto di competenza di cui all’art. 117 della Costituzione; tra queste, si annoverano gli istituti e scuole di ogni ordine e grado e le istituzioni educative. Il combinato disposto degli artt. 68 e 69 del CAD non opera alcuna @@ -85,7 +85,7 @@ it: Chiunque può segnalare presunte violazioni delle disposizioni del CAD, tra cui quelle ex artt. 68 e 69, accedendo all’apposita area - dedicata presente sul sito dell’AgID + dedicata presente sul sito dell’AgID. item8: question: Quali sanzioni potrebbero essere comminate ad una PA qualora acquisisca soluzioni, programmi informatici senza effettuare la valutazione @@ -122,3 +122,121 @@ it: finestra temporale considerata è di 60 giorni. en: + item1: + question: Do articles 68 and 69 of the CAD apply to public schools for + the acquisition and reuse of software, be it software + for teaching or software for administrative purposes? + answer: | + Recipients of the provisions of Articles 68 and 69 of the CAD + are the public administrations referred to in art. 1, paragraph 2, of the legislative decree + March 30, 2001, n. 165, in respect of the division of competence + of art. 117 of the Constitution; among these, there are the + institutes and schools of all levels and educational institutions. + The combined provisions of Articles 68 and 69 of the CAD do not operate any + distinction about the type of purpose of a software. The object + of the obligation established by the above mentioned provisions is the software of + ownership of public administration. + item2: + question: In which cases is the PA considered owner of a software? + answer: | + The administration must be considered owner of a software realized on + its own specific indications every time: + + item3: + question: Do articles 68 and 69 of CAD apply before any software procurement? + answer: | + Articles 68 and 69 of the CAD apply in any case of solutions acquisition by + a PA, software or parts of it + regardless of the type of procedure. + For more information about CAD see this + link. + item4: + question: Can non-open source software owned by a PA be put to Reuse? + answer: | + It is necessary to distinguish between software requested and specifically developed + for a Public Administration (or developed within it) + and software of commercial nature of which an administration has instead + acquired a use right license. Only the software belonging to the first category + is subject to art. 69 of the CAD on reuse: for such solutions + administrations must obligatorily acquire full ownership of the + source code and must proceed with its release in open source. Instead the commercial + software acquired by means of a use right license can not be put to reuse. + item5: + question: Which are the indications provided for the purposes of compliance + of art. 69 regarding the choice of the license? + answer: | + The "Guidelines on the acquisition and reuse of software for the public + administrations", adopted by AgID in implementation of Articles 68 and 69 + of the CAD, foresee that the choice of the license by a PA is + made by choosing a license among those certified by Open Source + Initiatives. For more information about licensing see this + resource. + item6: + question: Is it possible in the process of Reuse of a solution + apply, by virtue of the principle of compatibility of licenses, to the work + derived a different license from the original work? + answer: | + The "Guidelines on the acquisition and reuse of software for the public + administrations", adopted by AgID in implementation of Articles 68 and 69 + CAD, define, in paragraph 3.5.3, the decision tree for the + choice of an open license; in particular, if the release of the software + refers to a modification of existing open source software (so + taken for reuse by other administrations or owned by third parties) + the administration must use the same license with which the software has been + originally distributed, in order to facilitate its maximum + interoperability and reuse with other users of the same software. + item7: + Question: To which authorities can be reported the + non-application by a PA of articles 68 and 69 of CAD? + answer: | + According to art. 17, paragraph 1-quater is established by the AgID the Office + of the Digital Ombudsman who has the task of collecting + all reports of supposed violations of the Code + of the Digital Administration, or any other rule on the subject of + digitization and innovation, to guarantee the digital rights of the + citizens and businesses. + Anyone can report supposed violations of CAD provisions, + among which those ex art. 68 and 69, accessing the appropriate area + dedicated on AgID website. + item8: + question: What fines could be imposed at a PA that + acquires solutions, without making a + technical and economic comparison? + answer: | + The CAD does not provide direct fines; however, if a PA disregards + the provisions concerning the acquisition of software may arise + management and disciplinary responsibility profiles + without prejudice to any liability for damages treasury. + item9: + question: What fines could be imposed to a PA if it not + proceed to the release in open source of the software developed or commissioned by it? + answer: | + The CAD does not provide for direct fines; however, without prejudice to possible + profiles of managerial and disciplinary responsibility, the neglected + reuse release of software solutions prevents others + administrations to proceed to the relative evaluation and acquisition in + reuse, thus configuring a possible liability for tax damage. + item10: + question: How is the displayed vitality index for each + software calculated? + answer: | + The vitality index (vitality index), as expected by the + + guidelines on the acquisition and reuse of software for the public sector + administrations indicates the degree of activity carried out in the last time span + on each indexed repository in the catalog. An in-depth explanation of the parameters + used to make the calculation is present in + this page. This index is calculated every night and, currently, the + time window considered is 60 days. +