"Even the respondents that promote OSS recognise that its take up, by the private sector as well as public, is inhibited by what OFE and OBOOE call a lack of ‘market confidence’ arising from concerns such as availability of support, skill levels, and understanding of license terms. Although not explicitly identified by respondents, other concerns might include continuity of supply, maintenance, and even liability. OFE and OBOOE also make a case that the application of RAND3 terms for IPR, “particularly when applied to Software Interoperability Standards”, discriminates against OSS. RAND: ‘Reasonable And Non-Discriminatory’ Some respondents suggest measures to facilitate OSS exploitation including measures to address the inhibitions to adoption of OSS and giving preference to OSS licensing of IST R&D. Others, especially CompTIA, argue that any measures that favour OSS (or any business model at all) would distort the market. (It is implicit that this would be detrimental.)"
Source: http://boycottnovell.com/resources/eu-panel-2009/HTML-versions/European-Software-Strategy.html