More On The CodePlex Foundation

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In my last post, I presented a general overview of the CodePlex foundation and talked a bit about what it means to the .NET OSS developer, admittedly without much in the way of details. I plan to fix some of that in this post.

Before I continue, I encourage you to read Scott Bellware’s great analysis of the CodePlex foundation which covers some of the points I planned to make (making my life easier). It’s a must-read to better understand the potential and opportunity presented by the foundation.

There’s one particular point he makes which I’d like to expound upon.

The CodePlex Foundation will bring influential open source projects under its auspices. The details aren't clear yet, but it's reasonable to assume that the foundation will support its projects the way that other software foundations support their projects, with protection for these projects as they are used in corporate and commercial contexts and who knows, maybe even some financial support will be part of the deal.

I talked to Bill Staples recently and he pointed out that The Apache Foundation is one source (among many) of inspiration for the CodePlex Foundation. If you go to the Apache FAQ, you’ll find the answer to the following question, “How does the ASF help its projects?” (emphasis mine)

As a corporate entity, the Apache Software Foundation is able to be a party to contracts, such as for technical services or guarantee-bonds for conferences. It can also accept donations on behalf of its projects, clarifying the associated tax issues, and create additional self-funded services via community-building activities, such as Apache-related T-shirts and user conferences.

In addition, the Foundation provides a framework for limiting the legal exposure of individual volunteers while they work on behalf of one of the ASF projects. In the past, these volunteers have been personally vulnerable to lawsuits, whether legitimate or frivolous, which impaired many activities that might have significantly improved contributions to the projects and benefited our users.

The first paragraph is what I alluded to in my last post, and this is something that the CodePlex Foundation would like to do in the long run, but as I mentioned before, it all depends on the level of participation and sponsorship funding. In an ideal world, the foundation would be able to add some level of funding of projects to this list of benefits for a member project.

The second paragraph is something that the CodePlex Foundation definitely wants to do right off the bat.

This is great news for those of us hosting open source projects. It’s generally not a worry for many small .NET open source projects, but the risk is always there that if a project starts to get noticed, some company may come along and sue the project owner for patent infringement etc. Typical projects may not have any money to go after, but I can imagine a commercial company going after a competing OSS product simply to shutter it.

Assigning your project’s copyright to the CodePlex Foundation would afford some level of legal protection against this sort of thing, similar to the way it works with the Apache Foundation.

One nice thing about the CodePlex Foundation is you have the option to assign copyright to the foundation or license your code to the foundation. I’m not a lawyer so I don’t understand if one provides more legal protection than the other. Honestly, once the foundation starts accepting projects at large, I would want to assign Subtext’s copyright over so that my name doesn’t appear as the big red bulls-eye in the Subtext copyright notice! ;)

And if you’re wondering, “am I losing control over my project by assigning copyright over”you are not. As I wrote in my post Who Owns The Copyright For An Open Source Project (part of my series called the Developer’s Guide To Copyright Law) you’d be assigning it under the open source license of your choice (yes, the CodePlex Foundation is more or less license agnostic. It doesn’t require a specific license to join), which always gives you the freedom to fork it should the foundation suddenly be overtaken by evil Ninjas.

As I said before, many of these details are still being hashed out and I’m guessing some of them won’t be finalized until the final board of directors is in place. But in the meanwhile, I think understanding the sources of inspiration for this new foundation will help provide insight into the direction it may take.

I hope this provides more concrete details than my last post.

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