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Appendix: Report of NCCV Working Group on Software Ownership

David H. Carey

As a preliminary to future research, the group identified the issues listed in Section 1 below. The group proceeded on the assumption that these issues are best explored with explicit reference to whatever goals – both social and individual – for which the ownership of software may be intended. Section 2 lists a number of these goals, without attempting either to be complete or even consistent. (In fact, a possible problem for future research is to determine which of these goals are mutually compatible, and to what extent.) Section 3 includes some observations about the process of inquiry in which the group was engaged during the conference. Section 4 concludes with some suggestions for further investigation.

This report aims at a widely inclusive representation of diverse views expressed in the working group. It does not aim to present a consensus, a majority view, or even the position of any single individual.

1. Issues

1.1. Ownership

“To own” means different things in different contexts (Becker, 1977). The verb does not have a single core concept but rather a complex of meanings. In questions of software ownership, four clusters of issues are to be investigated: Who? What? How? and Why? The following is a partial list in outline form.

  • 1.2. who: persons
    • 1.2.1. motivation
      • 1.2.1.1. money
      • 1.2.1.2. status
      • 1.2.1.3. power
      • 1.2.1.4. recognition
      • 1.2.1.5. self-preservation
        • 1.2.1.2.5.1. organizational
        • 1.2.1.2.5.2. individual
    • 1.2.2. access
    • 1.2.3. responsibility
    • 1.2.4. liability
  • 1.3. what: objects
    • 1.3.1. ideas
    • 1.3.2. media
    • 1.3.3. expression
    • 1.3.4. “look & feel”
    • 1.3.5. function
    • 1.3.6. design
    • 1.3.7. algorithm
    • 1.3.8. data (information)
    • 1.3.9. code
    • 1.3.9.1. source
      • 1.3.9.2. object
  • 1.4. how: modes
    • 1.4.1. acquisition
      • 1.4.1.1. inventing
      • 1.4.1.2. discovering
    • 1.4.2. transfer
      • 1.4.2.1. licensing
      • 1.4.2.2. purchasing
      • 1.4.2.3. contracting
      • 1.4.2.4. entrusting (confidentiality)
    • 1.4.3. conditions:
      • 1.4.3.1. degree of openness or secrecy
      • 1.4.3.2. fee-based or free of charge (cost)
      • 1.4.3.3. other constraints or restrictions
  • 1.5. why: see “Goals”

2. Goals

As noted above, these issues are best explored with explicit reference to the goals for which the ownership of software may be intended. The following is a partial list in outline form.

  • 2.1. Social
    • 2.1.1. information
      • 2.1.1.1. preservation
      • 2.1.1.2. dissemination
      • 2.1.1.2.1. (but not software proliferation as an end in itself?)
    • 2.1.2. education
    • 2.1.3. thriving economy
    • 2.1.4. just distribution
      • 2.1.4.1. Power
      • 2.1.4.2. goods
    • 2.1.5. equal access
    • 2.1.6. democracy
    • 2.1.7. will to cooperate (perhaps as a necessary condition for any other social goals)
    • 2.1.8. stability
    • 2.1.9. creation and maximization of resources and potentials
    • 2.1.10. sciences
    • 2.1.11. “useful arts”
    • 2.1.12. life
    • 2.1.13. happiness, good of humanity
  • 2.2. Personal
    • 2.2.1. credit
    • 2.2.2. control
    • 2.2.3. autonomy
    • 2.2.4. enrichment
    • 2.2.5. fulfillment (happiness)
    • 2.2.6. empowerment
    • 2.2.7. health, life
    • 2.2.8. fun
    • 2.2.9. privacy

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