Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

Are contributor agreements subversive?

By | September 8, 2010, 5:43am PDT

Summary: If you try to contribute to a corporate open source project, especially a “dual core” project, you will probably be given a “contributor agreement” to sign. The agreement gives all copyrights and patents to the project’s corporate sponsor. The wording can differ, which is why a group called Project Harmony is working to harmonize them. This is [...]

If you try to contribute to a corporate open source project, especially a “dual core” project, you will probably be given a “contributor agreement” to sign.

The agreement gives all copyrights and patents to the project’s corporate sponsor. The wording can differ, which is why a group called Project Harmony is working to harmonize them.

This is a different issue from that of the license. Many projects licensed under the GPL are still subject to contributor agreements.

These agreements have their fans, and their purpose. They let business be done centrally, without having every minor decision subject to a veto by developers.

Having a corporate center to an open source business can be a very good thing, assuring regular updates, a quality Web presence, and software worthy of use by an enterprise.

But they also have detractors. Count former Sun open source executive Simon Phipps (above) among their number. The agreements are coercive, and make some pigs more equal than others in what should be a shared development experience, he writes.

I’m of two minds on this.

In theory  Phipps is right. Projects like the Linux kernel and Mozilla run quite well without contributor agreements.

On the other hand, some pigs are more equal than others, in that they provide the bulk of the work and expense a project may need to survive. In most projects run by Google, the contributions of Google employees go far beyond the combined efforts of their communities.

This is true on smaller projects as well, even those under the GPL. Projects like Appcelerator began as a single company’s dream, and much of the work continues to be done by that firm. That’s one reason CEO Jeff Haynie felt he could unilaterally switch to the Apache license in 2008.

License and contributor agreements don’t have to be done by fiat, of course. Red Hat amended their agreements with some transparency earlier this year. The process can be reassuring and increase the amount of community development.

My own view is that this is much like the open source incline itself, or the open source development incline. That is, there are many places you can fall on the incline, but the further down you go — the less dependent you are on contributor agreements for instance — the greater your community contribution is likely to be.

The answer for your project depends on how much of the development burden your company honestly expects to take on, and how dependent you are on your community for coding. It’s a question, in other words, you need to go into with your eyes wide open.

Whichever side of the table you happen to be on.

Poll

Would you sign a standard contributor agreement assigning copyright?


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Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

Talkback Most Recent of 13 Talkback(s)

  • RE: Are contributor agreements subversive?
    You need to be more specific, in that survey question,

    "for NON-Paid, volenteer code contribution".

    It would be NO for non-paid, and yes for paid development.
    ZDNet Gravatar
    Aussie_Troll
    8th Sep 2010
  • RE: Are contributor agreements subversive?
    @Aussie_Troll

    I agree. The question is not specific enough, so garbage in garbage out. I voted NO because I'm not inclined to give away the right to use my own code, unless of course, it is code that I'm being paid to write for a specific project.

    Even with paid work for a specific project there's gotchas. Suppose you contribute code from libraries you have written outside the project. This needs to be specifically excluded and then the inclusion must be officially documented as being covered by the exclusion. Failure to do this could end up making every other app that uses your prior written library a violation.

    At the end of the day, corporations just aren't interested in this and will force their terms on you. The only choice would be to document the disagreement and hope that your prior code never becomes big business, otherwise they will come after you....

    Oracle vs Google comes to mind, although that dispute has a slightly different flavour, being patent based, not copyright based. The principle still applies. If Android hadn't made such a big market impact, Oracle wouldn't have bothered.
    ZDNet Gravatar
    david.hunt@...
    8th Sep 2010
  • RE: Are contributor agreements subversive?
    As long as the work goes for the greater good and to defeat the evil proprietary software we would sign any agreement.
    GPL is also a must to avoid the code being stolen.
    ZDNet Gravatar
    Linux Geek
    8th Sep 2010
  • It depends on the license
    You use the term "open source" instead of "Free software". Without getting into the philosophical differences I can clearly see a practical difference related to your poll. Also there is a big distinction between copyright and patents.


    Some licenses guarante that the software under it is not encumbered by individual patents from contributors. (e.g. GPL, Microsoft Public License)

    "Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version."

    Some other Open Source licenses may not have the same protection so you may be assigning patents to someone that may come back and use that same patents against you.
    ZDNet Gravatar
    rarsa
    8th Sep 2010
  • It goes both ways
    You need to ask this question as well: are you willing to provide perpetual free support for your contribution and indemnify all concerned that you have not violated any patents? If I am giving up these burdens by signing the contributor agreement, its a fair deal for both sides.

    Re: Linux Geek - Proprietary software is not evil - software has no free will, so cannot be evil. And no-one can steal what you create under any OSI license - you provide it under terms where 'stealing' cannot apply.
    ZDNet Gravatar
    jimmyed2000
    9th Sep 2010
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    11th Sep
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