Re: [QGIS-Developer] C Hamilton Plugin Continunity

[Emma Hain via QGIS-Developer]

Thanks Greg
I have written up some ideas here
 that I hope goes
someway for future planners. It scares me as I was in an organisation that
went from totally support OS to trying to rid it with a vengeance.

On Wed, 19 Jun 2024 at 21:39, Greg Troxel via QGIS-Developer <
qgis-developer@lists.osgeo.org> wrote:

> Emma Hain via QGIS-Developer  writes:
>
> > This is very interesting and a real part of OS software management in
> > regards to maintainance once the creator wishes to retire (and rightly
> > so!). On top of that, if the ownership sits with an organisation. For
> > clarification, does NGA or do you, Calvin, own them?
> >
> > I imagine if it is from one person to another, this is an informal
> > handover, but what happens when it is an organisation? Does an Assignment
> > of Ownership need to take place?
>
> This is a little complicated.  I have no knowledge of the details of
> this situation but have dealt with open source licensing in the context
> of US government contractors and US law.  Generally:
>
>   When a person writes code, they hold copyright to it, except:
>
> If they have executed a copyright assignment, they don't.  This is
> typically either for contractors (either when the parties pretend it
> isn't employment or when it really isn't) or for individuals who
> assign to e.g. FSF.  Less happily, it can be some forms of CLA to
> some company.
>
> When an employed person writes code "within the scope of
> employment", then the employer holds copyright.  This is the "work
> for hire" doctrine.
>
> Works of the US government are not subject to copyright and are in
> the public domain.  (Different countries are different here,
> massively.)
>
>   Code under an open source license does not need assignment for others
>   to improve and distribute it, because the license grants those
>   permissions.
>
>   A plugin is arguably a derived work of qgis, and thus must be
>   distributed under a compatible license.  (I think the project should
>   express this as doctrine and decline to support or interact with
>   (shun) plugins that don't have compatible licenses.)  So even if the
>   US government does not hold copyright in their code, the resulting
>   code is a derived work of qgis and can only be distributed under the
>   GPL.
>
>   Contributions to the plugin from others (e.g. if someone submitted a
>   non-trivial change and it was merged) are copyrighted by them and thus
>   a declared license leads to inbound=outbound terms, making it clear
>   that the submitted change is licensed under the plugin's license.
>
>   There are social issues about forks, separately from copyright, but
>   Calvin's message is quite clear that someone who wants to maintain
>   them (and have the updated/maintained code exist in the qgis world
>   under the original names) would be good.
>
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-- 
Emma Hain — Product Manager/Senior GIS Analyst
e...@north-road.com
[image: https://north-road.com]
*North Road*
Cartography • Development • Spatial Analysis
--
*north-road.com* 



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Re: [QGIS-Developer] C Hamilton Plugin Continunity

[Greg Troxel via QGIS-Developer]

Emma Hain via QGIS-Developer  writes:

> This is very interesting and a real part of OS software management in
> regards to maintainance once the creator wishes to retire (and rightly
> so!). On top of that, if the ownership sits with an organisation. For
> clarification, does NGA or do you, Calvin, own them?
>
> I imagine if it is from one person to another, this is an informal
> handover, but what happens when it is an organisation? Does an Assignment
> of Ownership need to take place?

This is a little complicated.  I have no knowledge of the details of
this situation but have dealt with open source licensing in the context
of US government contractors and US law.  Generally:

  When a person writes code, they hold copyright to it, except:

If they have executed a copyright assignment, they don't.  This is
typically either for contractors (either when the parties pretend it
isn't employment or when it really isn't) or for individuals who
assign to e.g. FSF.  Less happily, it can be some forms of CLA to
some company.

When an employed person writes code "within the scope of
employment", then the employer holds copyright.  This is the "work
for hire" doctrine.

Works of the US government are not subject to copyright and are in
the public domain.  (Different countries are different here,
massively.)

  Code under an open source license does not need assignment for others
  to improve and distribute it, because the license grants those
  permissions.

  A plugin is arguably a derived work of qgis, and thus must be
  distributed under a compatible license.  (I think the project should
  express this as doctrine and decline to support or interact with
  (shun) plugins that don't have compatible licenses.)  So even if the
  US government does not hold copyright in their code, the resulting
  code is a derived work of qgis and can only be distributed under the
  GPL.

  Contributions to the plugin from others (e.g. if someone submitted a
  non-trivial change and it was merged) are copyrighted by them and thus
  a declared license leads to inbound=outbound terms, making it clear
  that the submitted change is licensed under the plugin's license.

  There are social issues about forks, separately from copyright, but
  Calvin's message is quite clear that someone who wants to maintain
  them (and have the updated/maintained code exist in the qgis world
  under the original names) would be good.

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