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What legal structures to carry digital commons? #Introduction

#2 - Practical Sheet: Managing and financing a digital commons within a GIP

Published on 07 December 2022

Summary

« For example, there is a risk of confusion between "common" and free for some agents »

Marie Bancal - PIX

« It would be interesting to propose a major program to educate public servants (and elected officials) about the benefits of agile development methodologies, listening to users and open source software »

David Rongeat - AMUE

Recommendation 1

Mobilize the resources made available by ANCT to align the understanding of what a digital commons is.

[https://labo.societenumerique.gouv.fr/fr/tous-les-contenus/?thematics=communs]

« A commons refers to a resource that is produced and/or maintained collectively by a community of heterogeneous actors, and governed by rules enacted by the community, ensuring the collective and shared character of the resource." »

Tutorial to the digital commons

Recommendation 2

Include a definition of the concept of digital commons in Article 2 "Purpose and Territorial Scope" of the GIP's constitutive agreement.

Recommendation 3

Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with the Collectif BAM and inno³ to raise awareness of how the commons works.

[https://labo.societenumerique.gouv.fr/documents/12/synthese-communs.pdf]

« "We could consider setting up a community of GIPs (in particular, but not only, those concerned with the digital commons) to be able to exchange on common issues. »

Benjamin Marteau - PIX

Recommendation 4

Establish a community of ILMs to pool resources and share experiences.

Recommendation 5

Include a clear and precise definition of the digital commons in Article 2 of the GIP's constitutive agreement, following the definition of the digital commons concept.

Recommendation 6

To co-write the collective agreement with all the stakeholders who wish to do so, and in particular the aspects related to the governance of the GIP and the common.

Recommendation 7

To guarantee the democratic functioning of the GIP by specifying in Article 6 - Statutory rights of the constitutive convention that "in accordance with the democratic principle, each member of the GIP has one vote within the general assembly".

Recommendation 8

Guarantee the democratic functioning of the GIP by specifying in Article 16 - General Assembly of the constitutive agreement that "each member has one vote in the General Assembly".

Recommendation 9

Mobilize the Digital Commons Tutorial - Sustainability Section to identify the governance issues to be anticipated and the best way to formalize them in the constitutive agreement.

Recommendation 10

Conduct a workshop to define the framework for collaboration within the GIP using the Methodology Sheet: Defining the Framework for Project Collaboration from the Digital Commons Tutorial.

Recommendation 11

Set up a consultation platform to make exchanges between GIP members transparent and open, such as a wiki or forum.

« In the absence of free licensing, the end of the GIP would mean the end of the commons and the resources produced »

David Rongeat - AMUE

Recommendation 12

To ensure that the conditions for the open-source distribution of resources produced within the GIP are met by relying on the Etalab guides.

Recommendation 13

Choose a license adapted to each type of content created, among those approved.

Recommendation 14

Seek advice from DINUM, Etalab and other actors to choose the right license in the GIP context, its economic model and its objectives.

Recommendation 15

Explain this choice in Title IV - Miscellaneous provisions of the constitutive agreement ("The resources produced by the grouping within the framework of its activity will be shared under free licenses adapted to the different legal regimes of intellectual property: software source codes will be shared under [specify license]; creations subject to the classic regime of copyright will be shared under [specify license]; and databases will be shared under [specify license]")

« To finance our development, we are directed towards the calls for projects launched by the State. However, these funds are insufficient in view of the stakes and do not allow the actions carried out in the long term »

Stéphane Athanase - AMUE

Recommendation 16

Raise awareness of the business model of modern digital services (where investments are made over time and not just at the beginning of the project).

Recommendation 17

Anticipate possible changes in the economic model of the digital commons even before the GIP is set up, in order to ensure that the legal structure is relevant to the economic outlook.

Recommendation 18

Opt for an accounting management of the GIP according to the rules of private law, that is to say the management of an industrial and commercial public service activity, allowing the development of an economic activity (article 17 of the model agreement).

Recommendation 19

Implement quasi-government contracts to assist members.

What legal structures to carry digital commons? #Introduction

#2 - Practical Sheet: Managing and financing a digital commons within a GIP

« For example, there is a risk of confusion between "common" and free for some agents »

Marie Bancal - PIX

« It would be interesting to propose a major program to educate public servants (and elected officials) about the benefits of agile development methodologies, listening to users and open source software »

David Rongeat - AMUE

Recommendation 1

Mobilize the resources made available by ANCT to align the understanding of what a digital commons is.

[https://labo.societenumerique.gouv.fr/fr/tous-les-contenus/?thematics=communs]

« A commons refers to a resource that is produced and/or maintained collectively by a community of heterogeneous actors, and governed by rules enacted by the community, ensuring the collective and shared character of the resource." »

Tutorial to the digital commons

Recommendation 2

Include a definition of the concept of digital commons in Article 2 "Purpose and Territorial Scope" of the GIP's constitutive agreement.

Recommendation 3

Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with the Collectif BAM and inno³ to raise awareness of how the commons works.

[https://labo.societenumerique.gouv.fr/documents/12/synthese-communs.pdf]

« "We could consider setting up a community of GIPs (in particular, but not only, those concerned with the digital commons) to be able to exchange on common issues. »

Benjamin Marteau - PIX

Recommendation 4

Establish a community of ILMs to pool resources and share experiences.

Recommendation 5

Include a clear and precise definition of the digital commons in Article 2 of the GIP's constitutive agreement, following the definition of the digital commons concept.

Recommendation 6

To co-write the collective agreement with all the stakeholders who wish to do so, and in particular the aspects related to the governance of the GIP and the common.

Recommendation 7

To guarantee the democratic functioning of the GIP by specifying in Article 6 - Statutory rights of the constitutive convention that "in accordance with the democratic principle, each member of the GIP has one vote within the general assembly".

Recommendation 8

Guarantee the democratic functioning of the GIP by specifying in Article 16 - General Assembly of the constitutive agreement that "each member has one vote in the General Assembly".

Recommendation 9

Mobilize the Digital Commons Tutorial - Sustainability Section to identify the governance issues to be anticipated and the best way to formalize them in the constitutive agreement.

Recommendation 10

Conduct a workshop to define the framework for collaboration within the GIP using the Methodology Sheet: Defining the Framework for Project Collaboration from the Digital Commons Tutorial.

Recommendation 11

Set up a consultation platform to make exchanges between GIP members transparent and open, such as a wiki or forum.

« In the absence of free licensing, the end of the GIP would mean the end of the commons and the resources produced »

David Rongeat - AMUE

Recommendation 12

To ensure that the conditions for the open-source distribution of resources produced within the GIP are met by relying on the Etalab guides.

Recommendation 13

Choose a license adapted to each type of content created, among those approved.

Recommendation 14

Seek advice from DINUM, Etalab and other actors to choose the right license in the GIP context, its economic model and its objectives.

Recommendation 15

Explain this choice in Title IV - Miscellaneous provisions of the constitutive agreement ("The resources produced by the grouping within the framework of its activity will be shared under free licenses adapted to the different legal regimes of intellectual property: software source codes will be shared under [specify license]; creations subject to the classic regime of copyright will be shared under [specify license]; and databases will be shared under [specify license]")

« To finance our development, we are directed towards the calls for projects launched by the State. However, these funds are insufficient in view of the stakes and do not allow the actions carried out in the long term »

Stéphane Athanase - AMUE

Recommendation 16

Raise awareness of the business model of modern digital services (where investments are made over time and not just at the beginning of the project).

Recommendation 17

Anticipate possible changes in the economic model of the digital commons even before the GIP is set up, in order to ensure that the legal structure is relevant to the economic outlook.

Recommendation 18

Opt for an accounting management of the GIP according to the rules of private law, that is to say the management of an industrial and commercial public service activity, allowing the development of an economic activity (article 17 of the model agreement).

Recommendation 19

Implement quasi-government contracts to assist members.