This post is part of a research-action initiative by the Digital Society Program of the French Agency for Territorial Cohesion (ANCT) to explore the relevance and use of Sociétés Coopératives d'Intérêt Collectif (SCICs) to support digital commons initiated or joined by a public player. In particular, the aim is to outline the advantages of these structures for organizing communities around the production and maintenance of digital commons, but also to identify the various limitations encountered by players in the field in order to propose possible solutions.
A two-stage methodology was used, based on bibliographical research and various interviews and workshops, to identify "irritants" (in the sense of anything that might slow down or block the creation of such SCICs in a commons context) on the one hand, and to formalize possible solutions on the other.
This two-stage approach enabled us to identify two major irritants, through interviews with holders of common interests structured as SCICs, and during a workshop attended by all of them:
public players' lack of familiarity with SCIC law, which is addressed in this post;
the difficulty of clearly defining the common project and the cooperative's purpose in its articles of association, which will be the subject of a second post.
During the workshop, each irritant was broken down into issues, and recommendations were drawn up to address each of these issues. The recommendations were then backed up by various pre-existing resources, to which this study refers whenever necessary:
Interviews and workshops conducted with SCIC players and commons holders have shown that the definition and framing work to be carried out when drafting the cooperative's articles of association, as soon as it is intended to carry out a digital commons project, is threefold. First, the digital commons must be clearly defined. Secondly, it is essential to define the SCIC's purpose beyond that of simply carrying out the digital commons, in particular the commercial aspect of the structure. Finally, the choice of the free license under which the commons will be distributed is an application of the SCIC's purpose.
II. Defining the common good
One of the difficulties that can arise when setting up a SCIC to structure a commons project initiated or joined by a public player lies in a lack of definition of what constitutes a digital commons, on the one hand, and of what the digital commons that is the object of the cooperative consists of, on the other.
A. Ensure that members understand what a common is
The absence of a universally accepted definition makes the notion of the digital commons difficult to grasp for public players. Added to this is the fact that the commons represents a radically different mode of organization and production from those generally familiar to public players.
Digital commons: a damaging lack of definition
Issues
The digital commons is a long-established but ill-defined concept, which can lead to differences between members of the same project.
Recommendations
As in the case of the GIPs, a major program of acculturation of public sector employees could be envisaged to promote an operational definition of the digital commons. Indeed, the commons suffer not so much from a lack of definition as from a plurality of definitions that overlap on essential points, and that a centralization effort would make it possible to synthesize in order to produce an operational definition.
In the shorter term, mobilizing the various resources produced by ANCT around the digital commons right from the creation of the SCIC will help align GIP members' understanding of what a digital commons is.
Recommendation 1
Mobilize the resources made available by ANCT to align stakeholders' understanding of what a digital commons is.
Subsequently, the definition resulting from this work of alignment between members can be added to the SCIC's articles of association. In this sense, the definition used by ANCT is a good starting point for defining a digital commons:
"A commons designates a resource 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."
You can write :
"The purpose of SCIC XXX is the production and development of resource XXX, constituted in common, i.e. as a resource 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."
Référence :
Recommendation 2
Include a definition of the digital commons concept in the article on the SCIC's purpose.
Digital commons: a radically different mode of organization and production
Issues
The digital commons represent radically different ways of organizing communities and producing resources from those generally mobilized by public players. It is therefore important to ensure that the digital commons are properly understood by the various stakeholders, particularly public players.
On the one hand, SCIC members are not always aware that they are contributing to a common good, beyond the mere benefit to their target audiences; and on the other hand, some players may equate common good with gratuity.
Recommendations
In order to facilitate understanding and appropriation of the concept of the commons by the various players, and to align the visions of all stakeholders as early as possible in the life of the project, several resources produced by the ANCT in particular can be mobilized. A case in point is the infographic entitled "Le commun et sa ressource", produced by the Collectif BAM and inno³ on the occasion of Numérique en commun[s] 2021.
Recommendation 3
Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with Collectif BAM and inno³ to raise awareness of how the commons works.
Over and above these somewhat theoretical resources, those with commons projects wishing to structure themselves as SCICs could benefit from sharing the experiences of other players who have undertaken the same approach. To facilitate this type of exchange, and following the example of what has been proposed for GIPs, a community of SCICs producing digital commons could be created.
Recommendation 4
Set up a community of SCICs to pool resources and share experiences.
B. Definition of the objective pursued by the SCIC
Once the concept of the digital commons has been defined, it is important to ensure that the stakeholders agree on the specific commons they aim to produce and maintain within the SCIC.
Defining the common good
Issues
In fact, it can happen that the players come together around an insufficiently defined need or objective, which can quickly lead to dissension. A clear and precise definition of the SCIC's digital commons must be included in the articles of association to avoid this. This common ground needs to be described from both a technical (notably functional) and legal (intellectual property objects and how they will be used) point of view, to ensure that members share the same mutualization ambitions.
Recommendation
For example, the purpose of SCIC TETRIS is precisely defined in its articles of association:
"[...] The SCIC ["Transition Écologique Territoriale par la Recherche et l'Innovation Sociale"] brings together support resources and partner structures [to provide] the territory with a tool a tool that brings together an applied research center in economic and social sciences, a project incubator, companies and SSE structures - as defined by the law of July 31, 2014 - with proven practices in terms of sustainable development..
Much more than a shared workspace, this tool is an innovative an innovative operational laboratory that puts in place the conditions necessary for the emergence of collective intelligence in the service of unmet (or poorly met) needs in an area [...]."
Such a definition makes it possible to identify, at project level, the essential characteristics of the digital commons as defined above - i.e. the resource, the community and the rules of governance:
the resource: a tool that brings together an applied research center in economic and social sciences, a project incubator, companies and SSE structures;
the community: partner structures (SCIC members);
rules of governance: the conditions necessary for the emergence of collective intelligence (a mention of the democratic nature of common management could be a point for improvement)
Recommendation 5
Following the definition of the digital commons concept, include a clear and precise definition of the cooperative's digital commons in the SCIC's articles of association.
Collaborative drafting of bylaws
Issues
The work of defining the objective towards which the SCIC is striving can give rise to divergent interests among members. This can lead to conflicts that can paralyze the governance of the community.
Recommendation
To avoid this, it is essential to clearly describe the structure's governance mechanisms in the articles of association.
Recommendation 6
Co-draft the SCIC's articles of association with all interested parties, including aspects relating to the governance of the SCIC and its common purpose.
Details of common management methods
Issues
It is necessary to define in the cooperative's object the notion of common in general, as well as the specific common whose production the SCIC aims to produce. However, in order to ensure that the SCIC complies with these definitions throughout its life, it is necessary to specify how the common is to be managed within the cooperative.
It is also essential to build the SCIC on a solid base of members. Indeed, setting up a SCIC around a project with only a small number of genuinely involved participants would lead to the establishment of a governance structure that is somewhat shaky and not very representative, and therefore not very legitimate, which in turn would slow down the adhesion of new members.
On the other hand, the failure of a key player in the sector to join the cooperative, due to a lack of co-construction of the by-laws, could call into question the very existence of the SCIC. It is therefore important to initiate collaborative steps in this direction.
Recommendations
To do this, it is essential to be able to identify the governance issues to be anticipated and the best way to formalize them in the bylaws, to ensure that the definition of the commons is respected throughout the life of the SCIC, while ensuring its efficient and sustainable management by the members. To this end, the Tutorial on the digital commons - Sustainability section can be used.
Recommendation 7
Identify the governance issues to be anticipated and the best way to formalize them in the articles of association.
To give concrete expression to these orientations, a workshop may be organized to define the framework for collaboration within the SCIC, bringing together the members and even third parties interested in the project, and drawing on the Methodological Sheet: Defining the framework for collaboration in a project from the Digital Commons Tutorial.
Recommendation 8
Conduct a workshop to define the framework for collaboration within the SCIC
III. Defining the SCIC's purpose beyond the common good
Issues
The SCIC is a special form of cooperative, being first and foremost a commercial company. The law stipulates that the purpose of all SCICs must be the production or supply of goods and services of collective interest and social utility. As we have seen, the requirement to pursue the collective interest and social utility makes the SCIC a particularly well-suited structure for carrying digital commons. However, this must not obscure the fact that the cooperative must pursue this objective through the production or supply of goods and services, a commercial activity that must be clearly defined. In fact, the SCIC is only one means of ensuring the sustainability and development of a digital commons, which federates an ecosystem that goes beyond the cooperative alone. The definition of the SCIC's purpose and related business model is therefore necessary to enable the SCIC to position itself within this ecosystem, but also to enable the members of the ecosystem to position themselves in relation to the SCIC.
Recommendations
In this way, it will be useful to formalize with ecosystem players that the sustainability of a digital commons project is based on the search for a twofold balance:
On the one hand, the development of a collective business model. In other words, a strategy put in place to ensure the economic sustainability of the project in terms of both development and maintenance needs. The economic model thus relies both on resources made available by project members, and on own resources when the project is run by an autonomous structure.
Recommendation 9
Explain to players in the ecosystem how the creation of a SCIC will ensure the long-term viability of the digital commons project and benefit all players.
On the other hand, a business model at the level of each member, including the SCIC. This refers to the capacity of each player in the ecosystem to generate and capture value, enabling them to make their contributions sustainable.
Recommendation 10
Define and clarify the SCIC's economic model, so that other members of the ecosystem can ensure that it supports the common good and does not cannibalize the development potential of community members.
Similarly, if its purpose is ill-defined, the SCIC could also be perceived as parasitizing the ecosystem into which it wishes to integrate. This may be due to the fact that the SCIC allocates funding to cover its operating costs, rather than to enrich the community, without adding any real value to the latter.
Recommendation 11
Publish documents relating to the cooperative's economic model, to explain the cooperative's contribution to the common good and reassure through transparency.
IV. Choose the free license(s) applied to the resources produced
A. Choose your license
Issues
The choice of license(s) applied to the resources that are the object of the commons is also decisive. Indeed, the license is both the first concrete expression of the production of a commons - since it organizes the sharing of the commons - and the materialization - through the obligations it contains - of the economic model defined for the commons. What's more, the absence of a choice of license is as much a risk internally (a single member of the community can at any time call into question the conditions of re-use of his or her contribution) as it is externally (third parties may decide not to use the resource, given the absence of a contractual vector).
Recommendation
The choice of the free license applied to the resource is a determining factor in the life of a digital commons. However, before making such a choice, it is advisable to ensure that the conditions for distributing the resources produced within the SCIC under an open license are met, using the Etalab guides as a guide.
Recommendation 12
Ensure that the conditions for free-licensing the resources produced within the SCIC are met.
Once this check has been made, the choice of license will depend on the type of resource produced. In addition, the chosen license must be approved by decree, to facilitate its reuse by the public sector.
Référence :
Recommendation 13
Choose the right license for each type of content you create, from among those that have been approved.
If only a few licenses applicable to software have been approved, the choice between them may not be obvious to digital commons holders. It may therefore be useful to carry out a comprehensive survey of the various members, as well as reusers and users of the commons, in order to choose the license best suited to the SCIC context, its economic model and its objectives.
Recommendation 14
Carry out a study to choose the right license in the SCIC context, its business model and its objectives.
B. Explaining the choice of license
The choice of a free license is decisive in the life of a commons and in the relationship between the resource and its potential users and contributors. It will therefore be necessary to make this choice explicit in the articles of association, in an article devoted to intellectual property, which could be worded as follows:
"The resources produced by the cooperative as part of its activity will be shared under various free licenses: software source codes will be shared under [specify license]; databases will be shared under...; all other creations will be shared under..."
Recommendation 15
Explain the choice of license in the articles of association.
Summary of recommendations
Mobilize the resources made available by ANCT to align stakeholders' understanding of what a digital commons is.
Include a definition of the digital commons concept in the article on the SCIC's purpose.
Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with Collectif BAM and inno³ to raise awareness of how the commons works.
Set up a community of SCICs to pool resources and share experiences.
Following the definition of the digital commons concept, include a clear and precise definition of the cooperative's digital commons in the SCIC's articles of association.
Co-draft the SCIC's articles of association with all interested parties, including aspects relating to the governance of the SCIC and its common purpose.
Identify the governance issues to be anticipated and the best way to formalize them in the articles of association.
Conduct a workshop to define the framework for collaboration within the SCIC.
Explain to players in the ecosystem how the creation of a SCIC will ensure the long-term viability of the digital commons project and benefit all players.
Define and clarify the SCIC's economic model, so that other members of the ecosystem can ensure that it supports the common good and does not cannibalize the development potential of community members.
Publish documents relating to the cooperative's economic model, to explain the cooperative's contribution to the common good and reassure through transparency.
Ensure that the conditions for free-licensing the resources produced within the SCIC are met.
Choose the right license for each type of content you create, from among those that have been approved.
Carry out a study to choose the right license in the SCIC context, its business model and its objectives.
Explain the choice of license in the articles of association.
What legal structures to carry digital commons? #Introduction
#3 - Practical info: Defining the common good and the purpose of the SCIC that supports it
I. The approach
This post is part of a research-action initiative by the Digital Society Program of the French Agency for Territorial Cohesion (ANCT) to explore the relevance and use of Sociétés Coopératives d'Intérêt Collectif (SCICs) to support digital commons initiated or joined by a public player. In particular, the aim is to outline the advantages of these structures for organizing communities around the production and maintenance of digital commons, but also to identify the various limitations encountered by players in the field in order to propose possible solutions.
A two-stage methodology was used, based on bibliographical research and various interviews and workshops, to identify "irritants" (in the sense of anything that might slow down or block the creation of such SCICs in a commons context) on the one hand, and to formalize possible solutions on the other.
This two-stage approach enabled us to identify two major irritants, through interviews with holders of common interests structured as SCICs, and during a workshop attended by all of them:
public players' lack of familiarity with SCIC law, which is addressed in this post;
the difficulty of clearly defining the common project and the cooperative's purpose in its articles of association, which will be the subject of a second post.
During the workshop, each irritant was broken down into issues, and recommendations were drawn up to address each of these issues. The recommendations were then backed up by various pre-existing resources, to which this study refers whenever necessary:
Interviews and workshops conducted with SCIC players and commons holders have shown that the definition and framing work to be carried out when drafting the cooperative's articles of association, as soon as it is intended to carry out a digital commons project, is threefold. First, the digital commons must be clearly defined. Secondly, it is essential to define the SCIC's purpose beyond that of simply carrying out the digital commons, in particular the commercial aspect of the structure. Finally, the choice of the free license under which the commons will be distributed is an application of the SCIC's purpose.
II. Defining the common good
One of the difficulties that can arise when setting up a SCIC to structure a commons project initiated or joined by a public player lies in a lack of definition of what constitutes a digital commons, on the one hand, and of what the digital commons that is the object of the cooperative consists of, on the other.
A. Ensure that members understand what a common is
The absence of a universally accepted definition makes the notion of the digital commons difficult to grasp for public players. Added to this is the fact that the commons represents a radically different mode of organization and production from those generally familiar to public players.
Digital commons: a damaging lack of definition
Issues
The digital commons is a long-established but ill-defined concept, which can lead to differences between members of the same project.
Recommendations
As in the case of the GIPs, a major program of acculturation of public sector employees could be envisaged to promote an operational definition of the digital commons. Indeed, the commons suffer not so much from a lack of definition as from a plurality of definitions that overlap on essential points, and that a centralization effort would make it possible to synthesize in order to produce an operational definition.
In the shorter term, mobilizing the various resources produced by ANCT around the digital commons right from the creation of the SCIC will help align GIP members' understanding of what a digital commons is.
Recommendation 1
Mobilize the resources made available by ANCT to align stakeholders' understanding of what a digital commons is.
Subsequently, the definition resulting from this work of alignment between members can be added to the SCIC's articles of association. In this sense, the definition used by ANCT is a good starting point for defining a digital commons:
"A commons designates a resource 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."
You can write :
"The purpose of SCIC XXX is the production and development of resource XXX, constituted in common, i.e. as a resource 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."
Référence :
Recommendation 2
Include a definition of the digital commons concept in the article on the SCIC's purpose.
Digital commons: a radically different mode of organization and production
Issues
The digital commons represent radically different ways of organizing communities and producing resources from those generally mobilized by public players. It is therefore important to ensure that the digital commons are properly understood by the various stakeholders, particularly public players.
On the one hand, SCIC members are not always aware that they are contributing to a common good, beyond the mere benefit to their target audiences; and on the other hand, some players may equate common good with gratuity.
Recommendations
In order to facilitate understanding and appropriation of the concept of the commons by the various players, and to align the visions of all stakeholders as early as possible in the life of the project, several resources produced by the ANCT in particular can be mobilized. A case in point is the infographic entitled "Le commun et sa ressource", produced by the Collectif BAM and inno³ on the occasion of Numérique en commun[s] 2021.
Recommendation 3
Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with Collectif BAM and inno³ to raise awareness of how the commons works.
Over and above these somewhat theoretical resources, those with commons projects wishing to structure themselves as SCICs could benefit from sharing the experiences of other players who have undertaken the same approach. To facilitate this type of exchange, and following the example of what has been proposed for GIPs, a community of SCICs producing digital commons could be created.
Recommendation 4
Set up a community of SCICs to pool resources and share experiences.
B. Definition of the objective pursued by the SCIC
Once the concept of the digital commons has been defined, it is important to ensure that the stakeholders agree on the specific commons they aim to produce and maintain within the SCIC.
Defining the common good
Issues
In fact, it can happen that the players come together around an insufficiently defined need or objective, which can quickly lead to dissension. A clear and precise definition of the SCIC's digital commons must be included in the articles of association to avoid this. This common ground needs to be described from both a technical (notably functional) and legal (intellectual property objects and how they will be used) point of view, to ensure that members share the same mutualization ambitions.
Recommendation
For example, the purpose of SCIC TETRIS is precisely defined in its articles of association:
"[...] The SCIC ["Transition Écologique Territoriale par la Recherche et l'Innovation Sociale"] brings together support resources and partner structures [to provide] the territory with a tool a tool that brings together an applied research center in economic and social sciences, a project incubator, companies and SSE structures - as defined by the law of July 31, 2014 - with proven practices in terms of sustainable development..
Much more than a shared workspace, this tool is an innovative an innovative operational laboratory that puts in place the conditions necessary for the emergence of collective intelligence in the service of unmet (or poorly met) needs in an area [...]."
Such a definition makes it possible to identify, at project level, the essential characteristics of the digital commons as defined above - i.e. the resource, the community and the rules of governance:
the resource: a tool that brings together an applied research center in economic and social sciences, a project incubator, companies and SSE structures;
the community: partner structures (SCIC members);
rules of governance: the conditions necessary for the emergence of collective intelligence (a mention of the democratic nature of common management could be a point for improvement)
Recommendation 5
Following the definition of the digital commons concept, include a clear and precise definition of the cooperative's digital commons in the SCIC's articles of association.
Collaborative drafting of bylaws
Issues
The work of defining the objective towards which the SCIC is striving can give rise to divergent interests among members. This can lead to conflicts that can paralyze the governance of the community.
Recommendation
To avoid this, it is essential to clearly describe the structure's governance mechanisms in the articles of association.
Recommendation 6
Co-draft the SCIC's articles of association with all interested parties, including aspects relating to the governance of the SCIC and its common purpose.
Details of common management methods
Issues
It is necessary to define in the cooperative's object the notion of common in general, as well as the specific common whose production the SCIC aims to produce. However, in order to ensure that the SCIC complies with these definitions throughout its life, it is necessary to specify how the common is to be managed within the cooperative.
It is also essential to build the SCIC on a solid base of members. Indeed, setting up a SCIC around a project with only a small number of genuinely involved participants would lead to the establishment of a governance structure that is somewhat shaky and not very representative, and therefore not very legitimate, which in turn would slow down the adhesion of new members.
On the other hand, the failure of a key player in the sector to join the cooperative, due to a lack of co-construction of the by-laws, could call into question the very existence of the SCIC. It is therefore important to initiate collaborative steps in this direction.
Recommendations
To do this, it is essential to be able to identify the governance issues to be anticipated and the best way to formalize them in the bylaws, to ensure that the definition of the commons is respected throughout the life of the SCIC, while ensuring its efficient and sustainable management by the members. To this end, the Tutorial on the digital commons - Sustainability section can be used.
Recommendation 7
Identify the governance issues to be anticipated and the best way to formalize them in the articles of association.
To give concrete expression to these orientations, a workshop may be organized to define the framework for collaboration within the SCIC, bringing together the members and even third parties interested in the project, and drawing on the Methodological Sheet: Defining the framework for collaboration in a project from the Digital Commons Tutorial.
Recommendation 8
Conduct a workshop to define the framework for collaboration within the SCIC
III. Defining the SCIC's purpose beyond the common good
Issues
The SCIC is a special form of cooperative, being first and foremost a commercial company. The law stipulates that the purpose of all SCICs must be the production or supply of goods and services of collective interest and social utility. As we have seen, the requirement to pursue the collective interest and social utility makes the SCIC a particularly well-suited structure for carrying digital commons. However, this must not obscure the fact that the cooperative must pursue this objective through the production or supply of goods and services, a commercial activity that must be clearly defined. In fact, the SCIC is only one means of ensuring the sustainability and development of a digital commons, which federates an ecosystem that goes beyond the cooperative alone. The definition of the SCIC's purpose and related business model is therefore necessary to enable the SCIC to position itself within this ecosystem, but also to enable the members of the ecosystem to position themselves in relation to the SCIC.
Recommendations
In this way, it will be useful to formalize with ecosystem players that the sustainability of a digital commons project is based on the search for a twofold balance:
On the one hand, the development of a collective business model. In other words, a strategy put in place to ensure the economic sustainability of the project in terms of both development and maintenance needs. The economic model thus relies both on resources made available by project members, and on own resources when the project is run by an autonomous structure.
Recommendation 9
Explain to players in the ecosystem how the creation of a SCIC will ensure the long-term viability of the digital commons project and benefit all players.
On the other hand, a business model at the level of each member, including the SCIC. This refers to the capacity of each player in the ecosystem to generate and capture value, enabling them to make their contributions sustainable.
Recommendation 10
Define and clarify the SCIC's economic model, so that other members of the ecosystem can ensure that it supports the common good and does not cannibalize the development potential of community members.
Similarly, if its purpose is ill-defined, the SCIC could also be perceived as parasitizing the ecosystem into which it wishes to integrate. This may be due to the fact that the SCIC allocates funding to cover its operating costs, rather than to enrich the community, without adding any real value to the latter.
Recommendation 11
Publish documents relating to the cooperative's economic model, to explain the cooperative's contribution to the common good and reassure through transparency.
IV. Choose the free license(s) applied to the resources produced
A. Choose your license
Issues
The choice of license(s) applied to the resources that are the object of the commons is also decisive. Indeed, the license is both the first concrete expression of the production of a commons - since it organizes the sharing of the commons - and the materialization - through the obligations it contains - of the economic model defined for the commons. What's more, the absence of a choice of license is as much a risk internally (a single member of the community can at any time call into question the conditions of re-use of his or her contribution) as it is externally (third parties may decide not to use the resource, given the absence of a contractual vector).
Recommendation
The choice of the free license applied to the resource is a determining factor in the life of a digital commons. However, before making such a choice, it is advisable to ensure that the conditions for distributing the resources produced within the SCIC under an open license are met, using the Etalab guides as a guide.
Recommendation 12
Ensure that the conditions for free-licensing the resources produced within the SCIC are met.
Once this check has been made, the choice of license will depend on the type of resource produced. In addition, the chosen license must be approved by decree, to facilitate its reuse by the public sector.
Référence :
Recommendation 13
Choose the right license for each type of content you create, from among those that have been approved.
If only a few licenses applicable to software have been approved, the choice between them may not be obvious to digital commons holders. It may therefore be useful to carry out a comprehensive survey of the various members, as well as reusers and users of the commons, in order to choose the license best suited to the SCIC context, its economic model and its objectives.
Recommendation 14
Carry out a study to choose the right license in the SCIC context, its business model and its objectives.
B. Explaining the choice of license
The choice of a free license is decisive in the life of a commons and in the relationship between the resource and its potential users and contributors. It will therefore be necessary to make this choice explicit in the articles of association, in an article devoted to intellectual property, which could be worded as follows:
"The resources produced by the cooperative as part of its activity will be shared under various free licenses: software source codes will be shared under [specify license]; databases will be shared under...; all other creations will be shared under..."
Recommendation 15
Explain the choice of license in the articles of association.
Summary of recommendations
Mobilize the resources made available by ANCT to align stakeholders' understanding of what a digital commons is.
Include a definition of the digital commons concept in the article on the SCIC's purpose.
Mobilize the infographic "The digital commons and its resource" produced during NEC, in collaboration with Collectif BAM and inno³ to raise awareness of how the commons works.
Set up a community of SCICs to pool resources and share experiences.
Following the definition of the digital commons concept, include a clear and precise definition of the cooperative's digital commons in the SCIC's articles of association.
Co-draft the SCIC's articles of association with all interested parties, including aspects relating to the governance of the SCIC and its common purpose.
Identify the governance issues to be anticipated and the best way to formalize them in the articles of association.
Conduct a workshop to define the framework for collaboration within the SCIC.
Explain to players in the ecosystem how the creation of a SCIC will ensure the long-term viability of the digital commons project and benefit all players.
Define and clarify the SCIC's economic model, so that other members of the ecosystem can ensure that it supports the common good and does not cannibalize the development potential of community members.
Publish documents relating to the cooperative's economic model, to explain the cooperative's contribution to the common good and reassure through transparency.
Ensure that the conditions for free-licensing the resources produced within the SCIC are met.
Choose the right license for each type of content you create, from among those that have been approved.
Carry out a study to choose the right license in the SCIC context, its business model and its objectives.
Explain the choice of license in the articles of association.