Rechtliche Voraussetzungen der Nutzung von Open-Source-Software in der öffentlichen Verwaltung, insbesondere des Kantons Bern

Abstract

This study was written by three legal practitioners in the context of a study and answers the question of whether it is permissible under current law for the state to make software that it uses itself and whose copyright it holds available to the public under an "open source" license, or at which federal level and at which level of standardization appropriate legal foundations would have to be created. The basis is the situation in the canton of Bern (Switzerland) and according to the Swiss Federal Constitution.