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The Digital Commons: an innovative model for the development of digital resources

This article is the result of the collaborative process of designing the " Digital Commons Tutorial ".This Digital Commons Tutorial is the result of two days of workshops coordinated by Inno³ during the first edition of Numérique en commun(s ), which brought together some twenty commons actors from different backgrounds, both private and public, all of whom were eager to share their difficulties in setting up a digital commons project, and to collectively come up with possible solutions.It was then augmented by contributions collected online or produced during post-NEC workshops. A version is presented here but it is a collaborative process in progress, do not hesitate to react and increase by sharing in comments or by contributing from your personal space your feedback, your tools, your thoughts. IntroductionDigital technology facilitates collaboration by inviting organizations from all sectors to come together under this common language. Thus, the digital transformation of organizations leads them to enter into a process of openness and collaboration, facilitated by the development of collaborative work tools. All organizations are naturally led to open up to the outside world in order to develop external projects internally and, conversely, to promote projects initiated internally. For all these reasons, players in a wide range of sectors are now taking a close interest in open models. Aware that they can no longer maintain their competitiveness by innovating alone, they want to approach the market from a new angle.Digital technology is the source of a new impetus for the commons movement, so it is not a surprise that more and more public and private actors are joining forces to make such commons emerge as viable alternatives to the logic of the dominant digital actors. However, this phenomenon relies on important cultural changes, so that all actors can fully benefit from and contribute to these common resources. 1. When do we talk about the digital commons?Definition: a commons is a resource that is produced and/or maintained collectively by a community of heterogeneous actors, and governed by rules that ensure its collective and shared character.It is said to be digital when the resource is dematerialized: software, database, digital content (text, image, video and/or sound), etc.The digital commons have new characteristics:  the use of the resource by some does not limit the possibilities of use by others (the resource is non-rival)  its preservation does not involve reserving the right to use it to a restricted community (the resource is non-exclusive). Thus, the digital commons benefit from being shared, because this sharing directly increases the use value of the resource and also makes it possible to extend the community that will preserve it. The digital commons is thus at the origin of the development of a new kind of commons by differentiating it from the natural or material commons, which are open and shared, thus increasing their potential.Probably the most obvious examples of digital commons, because they are used in everyday life, are the Linux operating system, the Firefox web browser and the online encyclopedia Wikipedia.More and more collaborative databases are also emerging as digital commons, such as OpenStreetMap for geographic data, Open Food Facts for food products or TelaBotanica, a true collaborative botanical encyclopedia.The increasing digitization of different industrial sectors favors the logic of mutualization and collaboration, which is formalized by a multiplication of "sectoral" digital commons (energy, banking, mobility, health, etc.). 2. Engage in a commons approach2.1. Why choose the digital commons model for a resource?Sharing is generally the primary benefit of pooling a resource: sharing in terms of design time, maintenance, resources, etc. Moreover, producing a digital commons allows a resource to be set up as a reference in a domain. As the value is linked to the use that is made of it - the use by some reinforcing the value for others - its widespread adoption is a sufficient motivation in itself. At once a driver of innovation, free competition, and open cooperation, the digital commons are accompanied by facilitated collaboration in all fields of our society, creating bridges between the private and public sectors, the for-profit and non-profit fields. At the scale of an organization, the adoption of a digital commons approach is generally linked to an awareness of the need for digital transformation, allowing the organization to strengthen its strategic assets, gain in attractiveness and attract new talent. On the scale of the resource, it is also a guarantee of sustainability, emancipation and resilience with regard to contributors. More specifically, for a public actor, the use of the commons model has the advantage of offering greater wealth and a better distribution of the value produced by the community, but also of engaging the users of a service in a process of maintenance and development of the latter. It also allows to reinforce the accessibility to this service. In this sense, it may be interesting, from the point of view of an administration, to consider a priori any digital resource produced by it as a common good, unless this is contrary to its objectives or interests. This position is in line with the "Open Data by default" regime introduced by the Law for a Digital Republic, thus providing a framework and the necessary continuity to give meaning to these obligations. 2.2. What does the development of a digital commons commit to?The above benefits nevertheless remain the fruits of the efforts that necessarily accompany such an approach. More than simply producing or opening a resource, the development of a digital commons project requires strong vigilance with regard to the resource, but also for the benefit of the community and its rules of governance. The entire structuring of the commons must integrate support mechanisms, animation and practices that ensure the open and inclusive nature of the project. This requires dedicated efforts to support the arrival and retention of community members, as well as a certain number of good practices that are of interest beyond this community alone (code documentation, commenting tools, etc.). Similarly, it is necessary to define and enforce a framework that ensures the collaborative, open and inclusive nature of the commons, so that the community of contributors and users can flourish. Committing to the development of a commons thus requires a long-term commitment, which will only be resolved once a sufficient community has joined the project. If you want to go further and understand the issues and operational modalities to be designed to engage in a Digital Commons approach, consult the Digital Commons Tutorial and the associated tools from the collaborative approach conducted at Numérique(s) en Commun 2018.

• Commons

Published on 16/10/19



Digital Commons Tutorial: a practical guide to engaging in a Digital Commons process

Digital technology facilitates collaboration by inviting organizations from all sectors to come together under this common language. Thus, the digital transformation of organizations leads them to enter into a process of openness and collaboration, facilitated by the development of collaborative work tools. All organizations are naturally led to open up to the outside world in order to develop external projects internally, and conversely to promote projects initiated internally. For all these reasons, players in a wide range of sectors are now taking a close interest in open models. Aware that they can no longer maintain their competitiveness by innovating alone, they want to approach the market from a new angle.Digital technology is the source of a new impetus for the commons movement, so it is not a surprise that more and more public and private actors are joining forces to make such commons emerge as viable alternatives to the logic of the dominant digital actors.However, this phenomenon depends on important cultural changes, so that all actors can fully benefit from and contribute to these common resources.This tutorial is intended for all those who wish to develop a digital commons project, as well as for all those - public and private - involved in the maintenance or development of such projects. It aims to answer the main questions surrounding the emergence and sustainability of these digital commons.This article is based on the constantly evolving version of the tutorial that you will find on the toolbox. Why a Digital Commons Tutorial? To respond to a growing need for public and private actors who wish to initiate digital commons approaches (either to open up resources that they develop or hold, or to contribute to third-party resources that already exist or are to be built, etc.) and who are looking for support.It is therefore a matter of providing concrete answers to their questions, and gradually removing the cultural, technical, organizational and economic barriers often associated with opening up and pooling approaches. The design of the Digital Commons TutorialThis article is the result of the collaborative design of the "Digital Commons Tutorial".This Digital Commons Tutorial is the result of two days of workshops coordinated by Inno³ during the first edition of Numérique en commun(s ), which brought together some twenty stakeholders from different backgrounds, both private and public, all of whom were eager to share their difficulties in setting up a digital commons project, and to collectively come up with possible solutions.It was then augmented by contributions collected online or produced during post-NEC workshops. A version is presented here but it is a collaborative process in progress, do not hesitate to react and increase by sharing in comments or by contributing from your personal space your feedback, your tools, your thoughts. How to use the TutorialIf you want more information on the notion of "Digital Commons", its stakes and examples, you can consult the article " The Digital Commons: an innovative model for developing digital resources ".This Tutorial in the Commons is organized around two parts: I. A first part adopts the point of view of a public or private actor wishing to engage in a digital commons approach, whether to use, contribute to or initiate a digital commons. II. The second part adopts the point of view of the community of actors gathered around a Common project from its initiation, to its valorization, through its perpetuation. Each part is structured around numbered pragmatic entry points that highlight the issues and methods to be deployed.Each time the collaborative process has produced tools that contribute to the operationalization of the projects, these are indicated in an insert on the left and available on the site. These elements can be enriched as and when contributions and feedback are received from all those who will use them.The structure of the Commons Tutorial can be summarized by the diagram below: I. Public or private actor: why and how to join or launch a Digital Commons process?This section addresses the challenges of a Digital Commons approach from the point of view of a public or private actor, from the identification of a digital need or a digital resource to be shared to the evaluation of the opportunity to contribute to a Commons or to open the Commons resource. I. 1. I have a digital needI. 1.A. Why use a digital common?The choice of a digital commons rather than a proprietary solution can be based on a number of factors: first of all, the desire to share design and maintenance costs, but not only. Indeed, the digital commons allows to create bridges between different sectors through the cooperation necessary for its sustainability, and also allows a better distribution of the value produced by the community.I. 1.B. Where can I find digital commons to meet my needs?The first step, for those who wish to initiate a digital commons project, is to find out if there is an existing resource that can meet their needs, either completely or partially. Indeed, it will be easier to contribute to an existing digital commons in order to adapt it to one's needs by participating in the collective effort, rather than creating a new resource that could divide the efforts of a community.Moreover, if this research does not allow us to identify a common project that meets the needs formulated, it will have the benefit of identifying complementary or inspiring projects that could be of interest to refer to later.There are currently no directories listing all digital commons projects, so it is generally necessary to approach sectoral initiatives (such as the Mobility Factory, Federation-Open Space Maker, Logistics Factory, Transiscope, etc.) or even transversal initiatives (such asCommon Platforms). In the absence of such an initiative for the sector in which your need lies, it may then be interesting to turn to more generalist actors, such as theAssembly of the Commons or the Commons Coop, which link numerous projects. I. 1.C. I have found a digital commons that (partially) meets my needs: why contribute?The interest of a digital commons compared to a proprietary solution lies in the freedom it gives to users to adapt it to their particular needs, and to let the community benefit from these improvements. Thus, by moving away from the role of simple user to become a contributor, one improves the resource both for oneself and for others, thus increasing its possibilities of use and starting a virtuous circle of permanent enrichment of the resource.I. 1. D. I would like to contribute: what is at stake?Whether you want to enhance the development of a digital commons and/or adapt it to your particular needs, the question of contribution - which can take many forms and dimensions - will necessarily arise. Since the point of such a resource is to accept and frame such contributions, it is very useful to have a document that outlines the rules associated with each type of potential contribution. Note that anyone can contribute without necessarily having advanced technical skills!For a potential contributor, the evaluation of the opportunity to contribute to a digital commons must thus be adapted to the yardstick: - The resource to which such a contribution could be made: not all projects are necessarily equipped to receive such contributions and, sometimes, the first useful contribution may be to foster such a collaborative framework. - Constraints related to one's own organization: even if the digital commons are, by nature, favorable to free competition, cooperation and innovation, it is necessary to have the principle of such a contribution validated internally within the organization (except for teachers who are authors of their own content) (especially when it generates intellectual property rights). Once these precautions have been taken - both for the contributor and the community concerned - it will be relatively simple to evaluate the opportunity and feasibility of such an approach (see the "Evaluation grid" tool). I. 2. I have a digital resourceI. 2.A. Why share it in a common?Several reasons can be put forward (political, ethical, societal, etc.), the most pragmatic being to make the production AND maintenance of a digital resource collective and likely to interest other actors as well. Indeed, even if our culture is one of ownership, sharing a resource generally generates much less disadvantages than advantages.I. 2. B. I want to initiate a common: what are the issues?In the case where there is no digital commons adapted to needs that are collectively shared (this is unfortunately still often the case), it is always possible to share an existing resource and/or to initiate a process to design a commons.Such approaches require an upstream evaluation at several levels: The first level concerns the existence of a real or presumed community, which is assessed in particular by the interest that the resource is likely to generate for other actors in the sector (see 2/A/). The second level concerns the resource, in order to determine the extent to which it lends itself to collaborative development. The third level concerns the organization, in order to determine to what extent the quality (particularly legal) and the necessary skills (internal or external) are present. The answer is not binary, these reflections are only there to allow us to take a step back on these approaches in order to anticipate the levers and obstacles. Thus, if there is no community, it is always possible to start alone and then open up to others. Alternatively, another solution may be not to develop your resource and then open it up to third-party contributions, but to develop the resource collectively from the start with other interested stakeholders (see the "Commonality Assessment Grid" tool). II. Collective of actors of a Digital Commons: how to initiate, sustain and enhance the Digital Commons?This second part adopts the point of view of the community of actors gathered around a Common project in its different phases: how to collectively initiate a Common, how to perpetuate it, how to valorize it? II. 1 Initiating the commonIn order to initiate a commons process, it is necessary to assess the potential of the resource and its development for a community (see 2.B.). Indeed, the community, its animation and its structure constitute one of the major pillars of a digital commons.II. 1.A. Building a community around a projectIn order to foster the emergence and sustainability of a community around the digital resource, the following two elements must be identified and addressed upstream1. A clear objective: it is essential to formalize the objective(s) collectively pursued within the framework of the project and to make them public. This allows for, among other things: Internally, to federate contributors around the same objective and to ensure that they do not stray from it as the resource develops; Externally, to be transparent about the direction adopted by the project, to give confidence to funders, to attract new contributors, etc. 2. A foundation of shared values: the values to which the community adheres constitute the backbone of your project. Co-constructed by the contributors to the project, the values base is the foundation of all the governance of the project and guides the main principles of its operation. It gives confidence to the contributors but also to the users and possible partners, and contributes to the project's influence beyond its community.II. 1. B. Financing the commonWhether the sustainability of the commons is based on the definition of an economic model (see I.2.B. above) or not, there will always be a certain amount of financing to be provided: directly by the organization designed to support the commons, or indirectly, thanks to the contributors to the digital commons. In this respect, the possibilities of external financing of the project, while they must be carefully thought out in order to participate in reinforcing this digital commons and not to make it live artificially, are worth knowing and controlling. However, such financing must be strictly limited to real financing needs, and must not place too great a burden on the project, otherwise what was a means may become an end. The choice of an external financing method will depend on the way in which the digital commons is structured (and more specifically on the existence of a legal personality), the type of need to be financed and the legal personality of the person who wishes to finance the development of the commons. From the point of view of the digital commons, it is advisable to anticipate the different methods of organized financing as well as the different needs that may be met in this way. Given the stakes in terms of transparency and governance, and the values associated with the digital commons, such sources of funding will have to be clearly defined, as well as the ways in which the sums are allocated. By their very nature, the standardized documents used by the various commons are all possible sources of mutualization, making it possible to operate a true technical, legal and economic transversality between the various commons. There is thus a kind of mutualization by design. On the other hand, there are no autonomous "generalist" initiatives specifically designed to pool the various resources being developed (beyond the sectoral examples mentioned, such as the Fabrique des mobilités, the Coop des communs, etc.), or even to allow for the pooling of funding. However, the growing emergence of endowment funds could eventually allow for the co-financing of multiple "general interest" digital commons projects - like the Open Law endowment fund, which is intended to finance many more projects than those specifically supported by the organization. The article on the right offers you, for example, a tool for listing funding needs and the possible existing mechanisms for financing them. II. 2. Perpetuating the commonOnce the resource and the community have been identified, the next step is to consider the conditions for the sustainability of the approach.The sustainability of a digital commons depends on the definition of a set of key elements, which must be identified and addressed as early as possible with the various contributors to the project. These elements, which constitute the project's collaborative framework, are intended to give confidence to all stakeholders by providing them with a secure environment that is conducive to creation and allows them to innovate freely. These elements may vary in content or form, but overall they cover these three pillars: contribution dynamics, value sharing and economic model, and formalized governance rules.These different elements can be formalized through several key documents, made available to the community in a transparent manner, as well as to third parties when relevant. These documents often take the form of a charter or a contribution policy. II. 2. A. Promoting and organizing contributionThe digital commons are based on a dynamic of contribution (see the article illuminations + 1/C)In order for the common good to be sustainable, it is necessary to create the conditions to encourage and organize contributions of various kinds from a wide range of actors.a) identify the needs in terms of contributions and the communities that can contributeThe first step is to identify the different needs in terms of contribution and the actors or types of actors/communities likely to meet them.Indeed, in terms of digital commons, multiple frequent needs are added to more specific needs for certain projects. They can be differentiated as follows: - The classic needs of any digital project: developing the resource, producing the documentation, translating the productions, etc. - The specific needs of the collaborative and inclusive dimension of the digital commons: ensuring mediation between the various contributors, encouraging contribution through various mechanisms, etc. It is important to understand that these different needs can be covered by different communities of actors (graphic artists, developers, designers, academics, technicians, adminsys, etc.) and that each of these communities must benefit from tools adapted to collaborative work, specific processes, and even a contribution framework that are specific to them.The article opposite proposes for example a co-constructed repository of needs and potential communities of contributors. b) Establish a framework to facilitate contribution to the resourceOnce the needs have been defined and the communities identified (see questions 3.1 Who can meet the development needs of the community and how? ), a framework must be formalized to encourage, welcome and facilitate the contributions of these communities. It is only on this condition that the will to contribute will be "transformed" into real contributions, since each remaining obstacle makes the contribution less certain and its integration into the digital commons more difficult.In this regard, the project will have to install the conditions to establish : -The project methodology: the pursuit of your objective while respecting commonly established values will result in the collaborative development of the methodology to be applied to the project. The methodology concretely sets the main rules of governance (for example: defining the different poles or work groups, the processes for validating a task, the flow of meetings, etc.) as well as the processes (technical and organizational) that frame the concrete development of the resource. - The adoption of standards in the development of your project aims to make it interoperable and thus increase its potential for improvement. This gives you the opportunity to benefit from the advances of other communities and from an extended collective intelligence, while making the exchange of information within your project more efficient. - Valuing the contributions of the participants. It is essential to the development and sustainability of the project that its contributors feel valued, at least symbolically. To do this, several elements must be considered in order to put in place an effective framework to structure the contribution to the resource: - Specific tools are needed to encourage collaborative contributions (such as a wiki for documentation, a software forge for development, etc.): - Specific processes to facilitate contributions (e.g. a translation policy to integrate contributions in the context of the internationalization of the project); - Specific terms of contributions (e.g., to manage the intellectual property rights of employed third-party developers - see 2/C). All these rules must be published in a transparent manner. They may change as the project evolves, but it is best to anticipate them in order to make the processes more fluid as soon as new contributors arrive. This framework is the foundation of the open and inclusive environment in which several communities can coexist. It must then be accompanied by a "classic" community animation approach, both internally and externally, in order to "bring the project to life" through the people who make it up. II. 2.B. Developing an economic modelBeyond the contributory dimension (and the source of it), the conditions for the sustainability of a commons also depend on the existence of a model for sharing value. Indeed, the development of a digital commons generates value and it is therefore necessary to collectively define a model for evaluating and sharing this value.Contrary to a business project, the design of a digital commons does not aim to create an economy of rent. Nevertheless, financial autonomy can be sought in order to ensure the conditions for the project's sustainability. As a complement or alternative to the traditional financing based on voluntary contributions and donations, this model has certain advantages, notably that of relying on the strength of the economy, and more precisely on the economic interest that the members of the commons have in maintaining this commons. Such an objective must, however, reconcile the conditions necessary for the self-financing of the common without isolating it from the concerns of the members of the community, i.e. from the collective interest to which it must continue to respond. Under this condition, it is entirely possible to envisage the construction of a digital commons around an economic model focused on the development of the resource. This economic model can be translated in several ways: - External economic activity: through the creation of an environment favorable to economic actors. This funding model is currently the most widespread: it involves setting up an economic model that is peripheral to the digital commons as such (for example, through the sale of services or products - software or hardware - based on the commons). In this way, the digital commons can benefit from various contributions from those economic actors directly interested in the development and perpetuation of the commons on which their activity depends. - Internal economic activity: by organizing certain activities of the community in order to self-finance certain costs inherent in the development or perpetuation of the community. This generally involves offering complementary services (premium services, conferences, etc.). Such a model benefits from the centrality of the commons, but runs the risk of either diverting the commons from its purpose (what was a means becomes an end), or of competing with certain members of the community (or, worse, of favoring some at the expense of others). - Mixed economic activity: by articulating the two previous models. It is thus possible to provide for mechanisms by which contributors are encouraged to contribute to the digital commons because of their own economic model, while at the same time providing for the organization that manages the commons to be granted a monopoly on the exercise of certain services necessary to perpetuate the commons (e.g., the sale of certification, the issuance of labels or authorizations through the use of the brand, etc.). Here again, the models are diverse and varied and many remain to be constructed. II. 2. C. Formalize governance rulesThe strength of the commons lies in the durability of the model on which it is based. Thus, as long as it is useful to its users, it must be able to continue to evolve and adapt to their expectations. This status is not automatic, however, and requires the formalization of a certain number of rules and the establishment of shared governance. It is also important to anticipate the various risks in order to ensure a model that is technically, legally and economically sustainable.a) Developing governance procedures The formalization of these rules tends to favor the sustainability of the community. Indeed, the establishment of this framework is essential in order to ensure trust between the contributors and thus perpetuate the development of the project. Indeed, any risk of unwanted "appropriation" (enclosure) will be very badly experienced by the members of the community and must be excluded. This framework brings together all of the documents and structuring practices to be put in place in order to govern the collaboration of contributors to the commons and takes different forms (statutes, a charter of values, the license attached to the resource, etc.). Each collaboration framework is unique, and adapts to the issues and problems specific to the project and the community to which it relates: relations between contributors, shared values, relations with the outside world, working methods, etc. The increasing harmonization of the various points thus addressed promotes mutualization between projects and reassures contributors who thus find shared reference points between the various common projects.The relationships of contributors to a digital commons project are numerous and diverse, ranging from simple coordination of contributions to decision-making on the future of the resource. To this end, it is important to set up a governance to structure these relationships and, thus, to give internal legitimacy to the decisions made by the community. The effects will be felt in terms of increased confidence in the project both internally and externally. In this respect, the choice or not of a legal structure, partially or totally dedicated, to formalize this governance can condition or implement certain aspects. If the need to have a legal personality persists in order to take legal action, to benefit from certain grants or to enter into contracts, digital tools today extend the scope of actions that can be carried out outside such a framework (such as the OpenCollective platform). The need to create a legal structure, or even the intermediate solution of being hosted within an existing structure, is generally recommended when a strong collective interest unites the different actors or when there is a risk of keeping the responsibility for actions on the members alone. The associative or cooperative models (SCOP or SCIC) are particularly flexible and adapted to support the development of a common cause, but other forms (GIE, SAS, GIP, etc.) can achieve similar results as long as their purpose is geared towards the realization of this objective. Moreover, while the establishment of a governance system is essential, there is no ideal governance system - except for the one that best meets the specific challenges and problems of the project to which it applies. The majority of governance systems for digital commons projects share certain elements, such as the desire to be readable and understandable by all project stakeholders, mechanisms that ensure the transparency of decisions made, and mechanisms that allow governance to be opened up to contributors, and even to external partners. b) Identify the legal form adapted to the projectThe relationships of contributors to a digital commons project are numerous and diverse, ranging from simple coordination of contributions to decision-making on the future of the resource. To this end, it is important to set up a governance to structure these relationships and, thus, to give internal legitimacy to the decisions made by the community. The effects will be felt in terms of increased confidence in the project both internally and externally. In this respect, the choice or not of a legal structure, partially or totally dedicated, to formalize this governance can condition or implement certain aspects. If the need to have a legal personality persists in order to take legal action, to benefit from certain grants or to enter into contracts, digital tools today extend the scope of actions that can be carried out outside such a framework (such as the OpenCollective platform). The need to create a legal structure, or even the intermediate solution of being hosted within an existing structure, is generally recommended when a strong collective interest unites the different actors or when there is a risk of keeping the responsibility for actions on the members alone. The associative or cooperative models (SCOP or SCIC) are particularly flexible and adapted to support the development of a common cause, but other forms (GIE, SAS, GIP, etc.) can achieve similar results as long as their purpose is geared towards the realization of this objective. Moreover, while the establishment of a governance system is essential, there is no ideal governance system - except for the one that best meets the specific challenges and problems of the project to which it applies. The majority of governance systems for digital commons projects share certain elements, such as the desire to be readable and understandable by all project stakeholders, mechanisms that ensure the transparency of decisions made, and mechanisms that allow governance to be opened up to contributors, and even to external partners. c) Understand the legal issues of the CommonAs the law manifests itself in every collaboration, any digital commons project must be organized to understand and use the legal instruments that will enable it to strengthen the development of the project, foster trust with respect to the project's external stakeholders and accelerate the innovation carried by the project. The legal issues can thus be multiple: - Concerning the development of the resource: the license of the project (see question 4.4 Why choose a free license to disseminate the digital commons?), the contracts with the contributors, the trademark, even the patents related to the project and all the other legal aspects specific to a regulation (in particular the rules concerning export, health, encryption, etc.). Some guidelines exist - Concerning the organization of relations with third parties: services, partnership agreements, follow-up of grants or donations, cross-membership or legal actions. These legal issues are important to deal with, at the risk of putting the burden on a few contributors personally. Relatively common to digital commons projects, they are sometimes shared within "umbrella foundations". - Concerning the choice of license: The free license associated with the project expresses a posture and sends a signal to contributors and users. It is therefore important to choose a license that is in line with the project's objectives and values, that is legally robust and that federates a community. The choice of this license will notably depend on the connection with other digital commons projects, as well as the participation of certain contributors. This reflection must be carried out from the beginning of the project and cannot be dissociated from the development of the resource. II. 3 Valuing the common: disseminating and compostingThe value of the commons lies in the contributions that the community makes to the resource, so the more potential contributors there are, the more likely it is that the commons will be sustained. This is why it is essential to disseminate the digital commons as widely as possible. Dissemination must also aim, beyond numbers, to enrich the community of users with people of different profiles. This diversity helps to avoid the "entre-soi", to reinforce the generic character of the digital commons and, in so doing, to open up the potential fields of application.The sustainability of the commons relies in particular on the community that makes it up. In the digital domain, such an objective is achieved primarily by increasing the number of users. Indeed, the multiplication of users does not reduce the value or even the use of the digital commons, but on the contrary favors an increase in the number of final contributors. In order to reach the widest possible audience, dissemination will rely on communication adapted to different profiles. It should be both : - passive (making information accessible to those who seek it) - and active (reaching new people through specific approaches). Depending on the targets, such communication will have to highlight the purpose of the project (for example "collaborative botanical encyclopedia" for Tela Botanica or "community geographic database" for Open Street Map), or its character of common and/or Open Data and/or Free Software. Communication is all the more complex as the culture of the commons is not yet completely democratized. In a collaborative approach, it may be interesting to provide ready-to-use resources accessible to all at the project level so that all contributors can participate in the dissemination of the project without distorting the project's image. In the same spirit, the open aspect of the commons leads to the dissemination of these same materials beyond the community so that anyone who wishes to learn about or communicate about the project has the appropriate elements to do so.Finally, it is necessary to think upstream about the "compostability" of the project: this consists in thinking of the project and each of its components as "perishable" and therefore in designing them in such a way that the resources that will be drawn from them can be reused later on, within the framework of the project or other initiatives. This Digital Commons Tutorial is part of a collaborative and iterative process: it aims to be expanded and refined with contributions from all. To contribute, react, open new perspectives, questions and tools, you can comment in the comments section below, propose a contribution from your personal space or by writing to societe.numerique@finances.gouv.fr.  

• Commons

Published on 16/10/19



How to secure the use of digital commons in a public procurement?

IntroductionContext and objectives For several years, public actors have benefited from resources that facilitate and accompany the securing of solutions based on open source software in the context of public procurement. This can be in the form of tailor-made clauses that specify or derogate from the General Administrative Clauses, or best practices to be implemented before, during and after the award of the contract.As the use of open source software increases, there is a growing need for these actors to go beyond this by defining and implementing a digital strategy that aims at emergence, maintenance and perpetuation in a logic of digital commons. In concrete terms, this means both d'involve citizens and economic actors in the process, but also d'encourage mutualization between public and private actors. Issues The aim is to complete the existing resources (notably the Tutorial to the Digital Commons) with an approach to public procurement that is specific to the Digital Commons, in the spirit of the generic clauses that can be used for free software. The objective is to give public actors the elements that will allow them to understand and integrate everything that will ensure the development and sustainability of the Digital Commons by the service providers retained in the framework of public contracts (and to share some standards allowing d'to achieve these objectives). Issues & Methodology This publication aims to raise the awareness of public actors awarding public contracts on the legal, technical and organizational best practices to be integrated into the contract in order to secure the use of the Digital Commons. It is based in particular on the recognition by the judge of the freedoms that the use of Open Source software gives to administrations in terms of competition law (see post Public procurement, Open Source and digital commons), allowing to explore further the other issues and problems that public actors wishing to use digital commons in the context of public procurement are faced with. At the same time, it goes beyond the framework of a simple theoretical study in order to propose practical content that can be directly and easily activated by actors in the field.To this end, the publication proposes various clauses that derogate from or complete the CCAG-TIC (in its latest version dated March 30, 2021) in its part concerning public contracts for the supply of software, in order to adapt it to the context and the particular challenges of the Digital Commons.This publication is a first iteration of a work that will evolve according to the feedback of public actors who will mobilize it in the procurement process. Contents This article is structured around 6 issues: 1. Definition of specific terms used 2. Management of previous contributions 3. Structuring of governance 4. Framing of redistribution 5. Managing the interface of the market with a pre-existing legal framework 6. Framing of reversibility For each one, after having exposed their importance to be treated as of the drafting of the market, solutions making it possible to answer them as well as possible will be proposed. 1 - Definition of specific terms usedIssues In order to adapt to the context and to the issues specific to the development of digital commons, the public contract proposed by the public actor wishing to be part of such a dynamic will have to derogate from the Cahier des clauses administratives générales applicable on a certain number of points (the following reflections are mainly based on the CCAG-TIC).If certain modalities take up those already tested in the context of the recourse to free software within the framework of such a contract, other modalities proposed thereafter by the present note are specific to the problems and stakes of the digital Commons and do not profit from such a hindsight as for their practical mobilization within the framework of the drafting of a public contract. For this reason, it is important, prior to any public contract whose objective is the use of digital commons, to clearly define the terms that will be used subsequently in the drafting of the clauses derogating from the CCAG-TIC, in order to ensure the legal security of the whole for the parties involved.To this end, several terms can usefully benefit from a definition that is completed and adapted to the context of the use of the Digital Commons in the context of a public market. Proposed solutions In the preamble In order to adapt the GCC-ICT to the conditions of a contract concerning the development of a digital commons, it will be necessary to complete the preamble in order to specify this objective, and to enrich the standard definitions proposed.  Definitions The use of standards is a factor of legal security. This is why the definitions proposed below are taken from the "IT Procurement and Intellectual Property" Guide, with the exception of that of Open Source License - taken from the Advice on drafting intellectual property clauses for open source software development and maintenance contracts -, and that of Digital Commons - suggested on the basis of the various recurrent definitions of the notion. 2 - Framing the methods of sharing the various resultsIssues Even more than when free software is mobilized, the constitution d'a response to a public contract by the development ofa Digital Commons implies a rigorous management of the intellectual property of the mobilized resources. Indeed, the notions of Digital Commons and Free Software are not equivalent and cannot be confused. The main difference lies in the fact that thata common good implies a collective and democratic governance of the resource by the community of its contributors and users, in addition to the respect of the license under which the resource is shared, to l'like free software. Therefore, it is important to clearly delimit which Results will be under the Community, sharing under a free license or proprietary model as early as possible in the l'preparation of the contract, in order to facilitate the management of the intellectual property rights attached, and in particular the prior knowledge mobilized ; but also to support the choice of licenses to be applied to each module according to the desired compatibility between them ; and finally to make the final project as readable as possible for third parties in order to facilitate reuse and contributions. The criterion of distinction could be the generic or specific purpose of the developments : → generic purpose : mutualization as Community and strong support by the community concerned ; → specific purpose : shared under a free license in order to allow a mutualization ; → technical, legal or economic imperative: proprietary format with true consideration of interoperability issues. Proposals for additional standardized clauses and good practices A good practice to adopt in this situation is to take particular care in the choice of the licenses under which the resources will be submitted later; but also to adapt the intellectual property clause of the contract.Choosing the right licenses Given the diversity of the modalities for sharing Resultsand the need for d'to ensure the compatibility between them within the framework of the project, it is important to choose, for each modality of sharing (free software, digital commons, proprietary software) compatible licenses between them. In order to s'To ensure that the licenses are compatible, you can consult a compatibility table between licenses and contact your legal department. 3 - Anticipate the management of prior knowledgeIssues The constitution, development and sustainability of a Digital Commons rely on the contributions of its users, and therefore most often on a policy of intellectual property management that assumes a sharing under the same conditions of the developments that would be produced on the basis of the pooled resource.Thus, it is important to have a good overview of the licenses attached to the Prior Knowledge mobilized by the provider in the elaboration of its response to the contract, in order to ensure on the one hand the compatibility of the licenses of the reused components with the conditions of sharing envisaged; and on the other hand to ensure traceability in the management of the intellectual property rights attached to the Digital Commons Proposals for additional standardized clauses and good practices Good practices Ensuring that the licenses governing Prior Knowledge are compatible with the terms of sharing of the Digital Commons as desired by the public stakeholder is essential to avoid any licensing conflicts that could lead to litigation and harm to the public stakeholder.This step presupposes a clear and precise vision of the conditions for sharing each component of the Digital Commons (see Framing the terms of sharing of the various Results)In order to secure the compatibility of Prior Knowledge licenses with the commonality objectives, several actions can be taken: → raise awareness internally of how Open Source Licenses work; → implement a label for licenses that meet market objectives; → appoint a referent on these issues; → consider setting up a Developer Certificate of Origin (DCO), or even a Contributor License Agreement (CLA), to ensure the authorship of prior knowledge.   Suggested clauses Regarding the adaptation of the public contract to these particular issues, several clauses must be considered. 4 - Structuring governanceIssues The constitution of a digital commons, unlike the development of Free Software, presupposes an increased cooperation of the different stakeholders interested in the development of the resource at the center of the commons. This cooperation requires a shared and democratic governance of the resource, which requires a minimum of structuring. Such a structure makes it possible to increase the transparency of the project's management and thus to increase the mutual trust of the parties involved. Furthermore, structured governance of a resource is a factor of confidence in the project and encourages the use and contribution of third parties, who will then be more inclined to take part in the development and maintenance of the common good through increased involvement in its governance. Proposals for additional standardized clauses and good practices Good practices It will be interesting to adopt a collaboration charter specific to shared developments in the form of Digital Commons, which defines the roles and rights of the various stakeholders. →Tutorialto the digital commons →Federation Charter. In some cases, the collaboration charter may be supplemented by the establishment of a legal structure to structure the governance of the project →Typology oflegal structures to be considered Suggested clauses 5 - Managing the interface of the market with a pre-existing legal frameworkOne of the characteristics of the Digital Commons is the collaborative frameworks for the use and maintenance of their resources. Thus, it is necessary to ensure that the contributions made within the framework of the market comply with this framework, otherwise they will not be accepted and maintained by the community. Conversely, compliance with this framework is a prerequisite for the developments carried out within the framework of the market to be useful to the community that wishes to benefit from such contributions. More globally, specifically imposing the respect of this collaboration framework is an optimal solution to allow different actors -- public and private -- to mutualize their investments.Thus, for each common under consideration, the addition of an obligation for the recipient to comply with the collaboration frameworks related to the resources used could be studied. 6 - Provide for reversibilityIssues Reversibility, in the context of a public contract for IT development, means the ability of the contracting authority to recover, at the end of the contract, all the data and the related documentation necessary for the continued use of the developments that are the subject of the contract, either internally or through the award of a new contract. In the context of a development of resources under an Open Source License, reversibility also refers to the ability for the contracting authority to change the open source policy applied to these developments. It can be facilitated and secured by adding specific clauses. Suggested clauses ---The Digital Society Lab proposes to take a critical look at the ethical and social challenges of digital technology. In this context, the firm Inno³ is producing a series of resources for public actors wishing to mobilize the potential of the digital commons in their strategy. Throughout the year, these articles decipher the legal and economic challenges of the digital commons.Intended to promote the emergence of a common legal doctrine on the subject of commons produced or supported by the administration, they are aimed at both the actors who are carriers of commons as well as the people in charge of supporting these approaches. It is intended to be updated according to legislative and jurisprudential developments and to be completed according to contributions and remarks. It does not constitute legal advice and does not replace the opinions that must be sought from the competent people in each department. Finally, do not hesitate to consult the website http://labo.societenumerique.gouv.fr in order to read the latest versions of these documents, to consult any other resource for public actors wishing to mobilize the potential of the digital commons in their strategy or to contribute to this dynamic.

• Commons

Published on 12/07/21



The Commons for Territorial Resilience: Ademe launches a call for the production of open resources

ADEME is launching a "call for commons" in order to gather a community around the theme of territorial resilience to produce open resources - the commons - and thus make the resilience of territories evolve in a logic of adaptation to climate change by creating and sharing these commons."In the digital age, it is necessary to connect resilience actors in order to build common resources together: technological platforms, open data, open source software, knowledge, feedback, protocols, experimentation territories."This Call for Commons is based on the experience of the Mobility, Logistics and Energy Factories.All resilience stakeholders are invited to coordinate to propose useful joint projects targeting one of the nine " challenges " challenges identified by ADEME. These challenges concern the themes of mobility, food, water management, circular urbanism and heat islands.More than 100 common are already listed and indexed on the Wiki-territory resilience ".

• Commons

Published on 08/06/21