Thank you very much for your input that is very interesting and for which I strongly agree.
- This could be stated as a general rule of the template policy with a link reference to all OSI approved licenses.
- OK
- Interesting but will probably bring some confusion. I agree that it has nothing to do with the NC clause of CC licenses (you can check if the CLA is for a foundation or a private company), but why would government « trust » more a NGO over a private actor not to abuse of the unfair advantage to own the copryright? Also not signing a CLA might simply prevent contributing to that project, so this warning should be raised when choosing the software and not once you want / need to contribute (and hence would be out of the perimeter of this policy). For this reason I would not make this distinction about the type (commercial or non-commercial) of the final entity.
- Totally agree. I believe the choices for this flowchart could be discussed in this thread. I also totally agree with the licenses choices you keep: Apache 2.0, GPL 3.0 and AGPL3.0 (with an interesting option you pointed for Apache 2.0 when compatibility with GPL2.0 is required.
If I were to sum things up, I believe governments and administrations should not own software copyright and if it is the case it should be only temporary. This could be a ground principle for the template policy.
Based on another topic (distinguish private and professional contributions), I also believe that a ground principle is that we should recognize individual contributions. Even if I understand the philosophical reasons to publish administration code as CC0, no successful project will be 100% developed by civil servants during their professional time. For this reason, I would not add the CC0 for code, even if it is a very interesting choice made by the USA, and we should discuss it further.
Now with those two principles, as governments, the questions should be where you want to create « competition » and if the software is meant to be a digital common.
- If the purpose of the software is to be an infrastructure, or part of the « State as a Platform » approach, it should not create any competition and permissive license should be chosen (ie Apache 2.0)
- If the purpose is to great a digital common that could be used to create competition between actors of the civil society, whether private companies or NGO, a reciprocal license should be chosen without remote clause (GPLv3)
- If the purpose of the software is to maintain an active link with the citizen and a « no competition » between actors should be enforced, a remote reciprocal license should be chosen (AGPL v3) (competition between f/oss projects is always interesting)
Now licenses are not the only questions in the case of a greenfield development. Should governments have CLA? I suggest a specific topic on the subject : Contributor's license agreement (CLA)
What about governance and organizations? Another topic here: Organizations, accounts, governance and commit rights