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The Bundesgericht in Switzerland has decided. And it’s result is stunning, to put it mildly. In layman terms, this is what has been ruled:

Open Source cannot offer an alternative to Microsofts offering

The authorities cannot be asked to do market research to find alternatives.

Hence it is perfectly fine to NOT tender at all and hand over the money to Microsoft.

The appeal that has been filed has not been accepted by the court, so there was no case effectively. The court ruled that FOSS failed to deliver an alternative to Microsoft. How FOSS could have shown an alternative at all as there was (and is) no tender, no rundown of needed capabilities, no description of requirements was not of interest.

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