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Ask Slashdot: How To Share a SharePoint Site?

New submitter grzzld writes "I am a systems analyst for a County in New York. Last year I made a SharePoint site that manages grants and it was well received. So much so that it won a NACo award. Since then, there have been several requests from other municipalities from around the country who would like to get this SharePoint site. The county is trying to figure out how to protect ourselves from people making money from it and having people hold us liable if it they use it and something goes awry. I am afraid that ultimately nothing will be done and the site will not be shared since at the end of the day it is much easier to not do anything and just say no. I proposed that we license it under an Open Source agreement but I am not versed enough in the differences between all of them. It is also unclear to me if I could do this since the nature of the 'program' is a SharePoint site. It seemed like CodePlex would be a good place to put this since it is Microsoft centric and it an open source initiative. I just want to contribute my work to others who may find it useful. The county just wants to make sure they can't be held liable and have somebody turn my work around and make a buck. How can I release this to the world and make sure the county's concerns are addressed?"

93 of 151 comments (clear)

  1. Warranty disclaimer's the important thing by abiggerhammer · · Score: 5, Insightful

    The GPL variants and the BSD licenses all contain a disclaimer of warranty (the part that reads "THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE" or similar), which addresses the county's concerns. By releasing code under a license with such a disclaimer, you are asserting that no one can sue you if the code breaks, even if your code breaking caused them some kind of loss.

    --
    Dance like nobody's watching. Sing like you're in the shower. Fuck like you're being filmed.
    1. Re:Warranty disclaimer's the important thing by mounthood · · Score: 2

      Using a bog-standard BSD/GPL license addresses liability, it just doesn't fix the fear of managers and lawyers inexperienced with releasing software. The poster could try writing a short email linking Google licenses, the FSF, the EFF and others.

      The real problem will be support: I can't fix a SharePoint package if it doesn't install right, so you have to release all the code, and if you want it to succeed, you'll also need to write documentation and answer email/forum questions. Does your employer want you doing that?

      --
      tomorrow who's gonna fuss
    2. Re:Warranty disclaimer's the important thing by ILongForDarkness · · Score: 3, Interesting

      I have a similar issue working in publicly funded healthcare. Some things I've created (I own the IP but don't really care that much one way or another) my hospital has difficulties commercializing for several reasons but biggest being liablity. Even if our license says we aren't responsible if another hospital has their operations impacted we will be expected to help out since it is all the governments money. Does the hospital I work for want to get $500 and then be liable for God knows how much of my time spent debugging crap if things goes wrong? Millions of dollars in internal projects get wasted each year because of fear of liability so each hospital ends up doing the same thing on their own and not willing to share. Silly.

    3. Re:Warranty disclaimer's the important thing by crutchy · · Score: 1

      except you can't (in any way) contract yourself out of statute law, at least in Australia (not sure about NY/US), and the Australian Competition and Consumer Act implies certain warranties (http://en.wikipedia.org/wiki/Competition_and_Consumer_Act_2010#Conditions_and_Warranties_.28Division_2_and_2A_of_Part_V.29), so if you buy software for controlling a machine (for example) and the machine causes physical injury that is found to have been caused by a bug in the software, the software company would most likely be liable regardless of the license terms.

  2. Do nothing. by Anonymous Coward · · Score: 2, Insightful

    CYA and don't share anything. If they want it badly enough, they can contract you to build something similar.

    1. Re:Do nothing. by networkBoy · · Score: 2

      All they have to do is file a FOIA request and "force" you to turn over the codebase, what they do with it after that is not your concern or liability...
      perhaps you could even automate handling of FOIA requests for the automation of FOIA request requests, which in turn handles automation of FOIA requests for the automated grant handler...
      I think I got that close enough...
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:Do nothing. by KhabaLox · · Score: 4, Funny

      perhaps you could even automate handling of FOIA requests for the automation of FOIA request requests, which in turn handles automation of FOIA requests for the automated grant handler...

      A SharePoint workflow might be able to handle that.

      --
      Ceci n'est pas un sig.
  3. Can you say "lawyer"? by Anonymous Coward · · Score: 1, Informative

    The county wants to make sure no one can make a profit off of this, AND they want to make sure no one can sue them?

    1) GET
    2) A
    3) LAWYER

    Surely the county must have one or two floating around who can do this. This is not an IT function. Sheesh! Learn where your boundaries are, boy.

    1. Re:Can you say "lawyer"? by jpate · · Score: 4, Insightful

      Why does the county care if somebody else makes money on it? That's just vindictive. As long as there's nothing blocking somebody from developing useful things for free, I see no reason to forbid business uses.

    2. Re:Can you say "lawyer"? by gd2shoe · · Score: 1

      Absolutely. But bear in mind that sometimes you'll be ignored unless you start someone else's job for them. If you hand them a stack of half-true claims, sometimes it will induce them to go look up facts. (or it could just make them mad, but they presumably weren't doing their jobs to begin with)

      On another note: the derogatory "boy" has a racial tone to it, and should be avoided unless you know for sure you're not addressing someone of color. I really wish our language wasn't being co-opted by innuendo (race, sexuality, nationality, politics, etc). It's getting really hard to say anything without being called a bigot by some victim-hood bloc or other.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    3. Re:Can you say "lawyer"? by PuZZleDucK · · Score: 1

      I'm not sure if AC is from Australia or not, but I feel compelled to apologize on their behalf as most of us are not aware of this. Even one of our greatest celebrities made the same mistake: http://www.youtube.com/watch?v=xWKyDGGptA4

      --
      Can a person program a new solution to a problem? Why should anyone be able to stop such a thing? -Richard Stallman
    4. Re:Can you say "lawyer"? by westyvw · · Score: 1, Insightful

      Every year a company comes drops down a freedom of information act for a particular piece of software in our state. They take it and go out and make money with it. Every year I argue that we should just put it out on the Internet so we can save the freedom of information act request time and money. Whats wrong with giving back the tax dollars in research to help put someone (and their employees) to work?

    5. Re:Can you say "lawyer"? by jpate · · Score: 1

      Couldn't the competing businesses also take advantage of the free software? This is no more a case of tax dollars competing with business than publicly-maintained roads are.

    6. Re:Can you say "lawyer"? by mcgrew · · Score: 1

      On another note: the derogatory "boy" has a racial tone to it

      Yes, in the US, but only among blacks. You'll hear one redneck referring to another redneck as a "good ol' boy" but not a black man. The reason is slavery. Slaves were not considered people, they were regarded in the same way as a horse or a dog -- a work animal. How do you call your dog? "Here, boy!" So when you call a black man "boy" you're saying he's subhuman. Of course they're going to take it as an insult, and I, for one, can't blame them for being offended.

    7. Re:Can you say "lawyer"? by gd2shoe · · Score: 1

      Yes, in the US, but only among blacks... The reason is slavery.

      Uh, yeah. And? Were you expounding for the general reader, or did you think I missed that somehow?

      To reiterate: "the derogatory "boy" has a racial tone to it, and should be avoided unless you know for sure you're not addressing someone of color."

      Of course they're going to take it as an insult, and I, for one, can't blame them for being offended.

      It retained it's negative connotation through out segregation, and into simmering racial tensions. The fact remains that the wounds will not fully heal until they can put such things behind them. There are many different life circumstances in the nation, but most people have not been exposed to sufficient overt racism to justify the reaction. In many contexts, it elicits a meaningless tantrum. It's like a school child being called poo-poo-head.

      Blame them? No, I don't blame them. That meaning has great symbolic sticking power. Still, recovery from racism must happen from both sides. That's a hard lesson that most people don't want to hear.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    8. Re:Can you say "lawyer"? by mcgrew · · Score: 1

      I was expounding for the general reader. Not eveyone knows why "boy" is racist.

      The fact remains that the wounds will not fully heal until they can put such things behind them.

      I couldn't agree more. 150 years ago the Irish were "spades" and were looked down on, "Mick" was a derogatory term for the Irish. Now Americans of Irish descent are proud to call themselves "Micks" and tell jokes about drunken Irishmen.

    9. Re:Can you say "lawyer"? by gd2shoe · · Score: 1

      Well, in that case it seems I overreacted. Glad you've got your head on straight. Not everyone can wrap their minds around the idea.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
  4. This one? by Anonymous Coward · · Score: 4, Informative

    Online Grants Management System
    Suffolk County, New York
    Population: 1,493,350 (2010)
    Program Year: 2011

    Abstract:
    In Suffolk County, NY, the development of grant applications as well as the coordination of successfully funded grants across was determined to be an inefficient system.. Individual staff and programmatic units each kept their own separate monitoring and tracking systems that recorded different levels and phases of grants. In some instances, there were gaps in the collection of information. An interdisciplinary group convened to discuss the problem and to plan for improvements. The planning group brainstormed and used additional quality improvement strategies in order to develop the Grants management System (GMS). GMS has developed as a centralized tracking and coordination system that tracks grants through very phase: the evaluation of whether to apply for a Request for proposal (RFP), application submission, grant award, acceptance of the award by the county, development and finalization of contracts, inventory management, monitoring of expenditures, claiming, revenue receipting, grants reporting, grants purchases, etc. Feedback from SCDHS staff indicated a high level of satisfaction with GMS, improved knowledge and skills, improved management and implementation of grants. Due to the improved efficiencies of GMS, the SCDHS was able to reduce the grants staff by 2 Full Time Equivalents (FTE), with significant cost savings.
     

    1. Re:This one? by Anonymous Coward · · Score: 4, Funny

      Due to the improved efficiencies of GMS, the SCDHS was able to reduce the grants staff by 2 Full Time Equivalents (FTE), with significant cost savings.

      Hey, I was one of those Full Time Equivalents, you insensitive clod.

    2. Re:This one? by grzzld · · Score: 1

      Bingo.

  5. Why can't anyone make a buck? by perbu · · Score: 5, Interesting

    What is it with this fear that someone will make a buck? It does not diminish the value of the original work, rather it ads to it. The county should focus on what their job is and if somebody actually manages to create something valuable from that - great!

    1. Re:Why can't anyone make a buck? by manoweb · · Score: 2

      I strongly agree!!! On the other hand, I am not surprised that the government is concerned of private citizens doing things they cannot control ;)

    2. Re:Why can't anyone make a buck? by gr8_phk · · Score: 2

      What is it with this fear that someone will make a buck? Yes, this puzzled me. It's like the BSD vs GPL arguments, but it's odd to me that folks in government are thinking like this. While I support the position, I would not have expected it from them.

    3. Re:Why can't anyone make a buck? by SEWilco · · Score: 1

      I'm sure that the county also has barricades and checkpoints to keep the evil commercial trucks off the county roads.

    4. Re:Why can't anyone make a buck? by sir-gold · · Score: 2, Informative

      For some strange reason, many reasonable and successful adults still have a playground mentality when it comes to sharing the ball, even when it's someone else's ball. The only difference is that the fights happen inside the courtroom instead of behind the equipment shed.

    5. Re:Why can't anyone make a buck? by Dynedain · · Score: 2

      I'm sure the fear is that a commercial company will simply copy their work, and then go around selling it to other agencies without substantial improvement.

      Stuff like this happens all the time in government contracting.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    6. Re:Why can't anyone make a buck? by grzzld · · Score: 1

      I'm sure the fear is that a commercial company will simply copy their work, and then go around selling it to other agencies without substantial improvement.

      Stuff like this happens all the time in government contracting.

      While I cannot directly speak for the powers that be, I believe this is their concern.

    7. Re:Why can't anyone make a buck? by JoeCommodore · · Score: 1

      Say commercial company scrapes and reuses public data, the public entity does some important updates to said data (as they should) and commercial Co either doesn't notice decides not to update theirs (too expensive) Now commercial co is selling bad data, when customer sues company claims ignorance of the change and points the finger at the public entity for not informing them of the change or somthing else along those lines.

      Case in point: In California (and other sates) there are local Child Care Resource & Referral agencies that collect data on licensed child care in the area and provide referrals to the community at no charge. They are in partnership with the state's community care licensing division to be kept informed of when providers are in investigation or violation of licensing, and have an understanding to hold referrals due to potentially dangerous situations. Most for-profit child care referral companies don't get such data, they usually get the information from the more limited "who's been licensed" list (usually only centers or larger homes which operate as a full business) and fill that in with data from the providers who pay for added visibility. If Jane provider is under suspicion for neglect, safety, or other serious reason the R&R will hold referrals during the investigation but the commercial service would be completely unaware - I wonder to what extent they can recognize/handle clients when there is a substantiated violation.

      The big crux of this is "Accountability" government agencies and contractors are very accountable for what they put out; commercial operations who swoop in and re-sell public data aren't (at least until they get sued - which is probably way too late).

      --
      "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
    8. Re:Why can't anyone make a buck? by noh8rz3 · · Score: 1
      I'm pretty sure this makes no sense. The price of the bread depends on how the demand compares to the supply. If everybody just wants one loaf, then all the bread is free. if people want more than one loaf, then bread is a scarce commodity and will be assigned some value. Then you have to figure out the price sensitivity - how badly do people want the bread?

      so while I agree with your first comment, that the situation is far more complex than your example, I disagree with your second comment, that the basic principle is the same.

    9. Re:Why can't anyone make a buck? by noh8rz3 · · Score: 1

      this makes no sense. if the county were to enter into an agreement with a private company, where they promise to send them any updates, then yes, perhaps there's liability. but if there is no updates and no contract, then of course there's no liability. It's like if I scraped slashdot to make a compendium of your comments, and sold it as a book of wisdom. Somebody sues me for selling lousy wisdom. it's not like i can turn around and point the finger at you!

    10. Re:Why can't anyone make a buck? by noh8rz3 · · Score: 1

      yes, but so what? from one perspective it's "unfair" because county isn't profiting from its work, but from another perspective the county isn't going to monetize it anyway, so who cares if somebody else does. A healthier perspective: county did awesome award winning work, and it can improve the efficiency of other counties by distributing it widely. the best way to do this is to add a profit incentive!

    11. Re:Why can't anyone make a buck? by mydn · · Score: 1

      I'm sure that the county has an armed force that patrols the county roads to ensure that commercial vehicles on those roads have paid their fees.

    12. Re:Why can't anyone make a buck? by ILongForDarkness · · Score: 1

      Sure they can. That is the broken thing with civil suits. You don't have to be wrong. The other guy just has to think he has more money/better lawyers than you and so you'll settle before the court gets around to throwing it out (or as they occasionally do give them the win even without a real case). That is the problem I have with most software I make, I'd like to give it away, my employer in spirit would like to give it away but in practice it is a few hundred dollars a sale, maybe $20k a year without a lot of effort marketting it but my time is very expensive. How much time will I spend supporting those 60 customers? How much will it cost to fix if something goes wrong etc. Heck 20k is only about 40hrs of a cheap lawyers time you wouldn't even get to the initial filing of your request for a summary dismissal for that.

    13. Re:Why can't anyone make a buck? by noh8rz3 · · Score: 1

      ok, fine. aside from the caveat "anybody can sue anybody else at any time," my argument above still holds.

    14. Re:Why can't anyone make a buck? by drinkypoo · · Score: 1

      Oh, and if anything goes wrong with it and they want to sue, I'll say I contracted it out you and they can sue you or bug you for support.

      Typically anonymous and cowardly troll. Nobody is suggesting they not indemnify themselves. The question is why be so concerned about monetization downstream. I don't want to contribute to any project that prohibits monetization because I live in a capitalism and I occasionally need money to get stuff done, like, all the damn time.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    15. Re:Why can't anyone make a buck? by GoDj1rrA · · Score: 1

      What is it with this fear that someone will make a buck? It does not diminish the value of the original work, rather it ads to it. The county should focus on what their job is and if somebody actually manages to create something valuable from that - great!

      The government doesn't appreciate people generating a profit using their systems. It sets a bad precedent. Next thing you know, the people will expect them to run efficiently as well.

  6. ABSOLUTELY NO WARRANTY! by Anonymous Coward · · Score: 1

    Many licenses, both open source, copyleft, and proprietary contain wording similar to:

    There is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.

    Sounds pretty clear to me.

    1. Re:ABSOLUTELY NO WARRANTY! by hendrikboom · · Score: 1

      And what is the "extent permitted by applicable law"? I can see this could still be a liability concern.

  7. By "Site" what are we talking? by Toreo+asesino · · Score: 3, Informative

    The site schema? Custom web-parts? Masterpages? Data? Everything?

    You could create a site definition that contained as much or as little or as much as your site as you wanted; wrap it up in a Visual Studio solution/WSP and then people could deploy an instance of your site with all of the above pre-previsioned. At that point it's just a SharePoint extension so would be no different to open-sourcing an Office extension. Even better, site templates are largely just XML files so it's even less "complicated" than custom-code - it's all just parsed by the core product.

    --
    throw new NoSignatureException();
    1. Re:By "Site" what are we talking? by gbjbaanb · · Score: 1

      agreed, if it is just a few web parts and "theme" then package the bits up and put them on codeplex. It's a shame you used sharepoint, if this was a (say) Drupal site, then you could just zip up the entire site and deliver it as-is, sql DB and all, and tell the recipients "this is what I did, all yours as an open source gift as if you'd developed it yourself".

    2. Re:By "Site" what are we talking? by jmauro · · Score: 1

      You can do the same thing with SharePoint solutions now. Granted there are still some quirks.

      Why it took Microsoft 7 years to make them functional enough to use after the launch of SharePoint I have no idea.

    3. Re:By "Site" what are we talking? by shutdown+-p+now · · Score: 1

      Most of that time the SP tools team spent writing a method to distinguish between various kinds of COMExceptions. ~

      (Yes, I did develop for SharePoint. These are the scars that don't heal.)

    4. Re:By "Site" what are we talking? by gbjbaanb · · Score: 1

      they should have done it in VB.NET, catching exceptions by exception number is trivial in that. C# is the poorer cousin by comparison.

      Mind you, nothing much wrong with COM exceptions, maybe it was just the programmers using those .net exceptions that wrapped them that was the problem.

    5. Re:By "Site" what are we talking? by shutdown+-p+now · · Score: 1

      The problem in this case is that SharePoint API is entirely .NET-based, but in practice it's a wrapper (sometimes more and sometimes less thin) around a lot of COM stuff. And they didn't bother to wrap exceptions, for the most part, so it is very common to call some API, have it fail, and get a COMException that tells absolutely nothing about what went wrong. If you're really lucky, you'll get a meaningful message in it (from IErrorInfo), but more often than not it's just E_FAIL with no further explanation.

  8. As a fellow Public Employee by Anonymous Coward · · Score: 1

    I work for another muni and have encountered similar questions about software we have developed. You need to take this to your legal department to determine which licenses are acceptable to your legal department before you start asking Slashdot/reddit/intertubes any of these questions. You may find that the GPL is a great license which you whole heartily support only to have your legal department say "WTF?! No!" or worse depending on your clauses within your muni. Once you get legals take on what licenses are acceptable to them, come back and ask which license you should release under. At the end of the day, any liability case or other such legal issues will end up being the purview of your legal department and not yours.

    1. Re:As a fellow Public Employee by HeckRuler · · Score: 1

      He's got a doubly rough road because even if the lawyers can be tamed, you'll still have to get the tech workers on the other side to swallow Sharepoint. Which, from personal experience, is like slowly twisting rusty screws underneath your fingernails. But then again, I was a developer placed in a site administrator's role.

      But to get the bean-counters to swallow the GPL while simultaneously getting geeks to swallow MS's monstrosity, in the public sector... That has got to be the hardest sell I've ever heard of. If you can get everyone to sign off on it, to hell with the project, you need to get your ass into congress because you have a magical gift for getting shit approved.

  9. is there really a liability concern? by hawguy · · Score: 1

    People often list liability as a potential concern when they open source software, but is that a valid concern? Has any organization been sued because software they released to the world when they don't guarantee that it will do anything useful?

    If I open source a mortgage calculator that does an incorrect calculation, does anyone really have the grounds to sue me? After all, they have the source code, and are just as capable as me of finding a mistake in the code. And if they aren't capable of understanding the source, maybe they shouldn't be using it.

    1. Re:is there really a liability concern? by Anonymous Coward · · Score: 1

      It's the US. There are *always* liability concerns.

    2. Re:is there really a liability concern? by iamgnat · · Score: 1

      If I open source a mortgage calculator that does an incorrect calculation, does anyone really have the grounds to sue me? After all, they have the source code, and are just as capable as me of finding a mistake in the code. And if they aren't capable of understanding the source, maybe they shouldn't be using it.

      You mean like recalling and banning lawn darts because people are too stupid to figure out not to throw them at each other or stand under them when throwing them straight up? Or like all those people that (using your example) listened to their realtors/brokers and couldn't figure out that no they really couldn't afford that house? Or maybe like the guy that just won class action status against Apple because he was too busy to be a parent and use the tools Apple provided so his kid ran up a "large" bill with micro payments?

      In the US people will sue over anything and really licenses and agreements mean less than which judge you get and what type of mood they are in that day. I understand and agree with the idea that you shouldn't be able to sign away your rights, but that should be balanced by common sense and responsibility (e.g. it's not the MFGs fault that a dart impaled you if you stood under it).

    3. Re:is there really a liability concern? by sir-gold · · Score: 1

      For most companies, liability is just an excuse to force the workers do something, even when there is no legitimate (aka public) reason.

      Like making your delivery drivers buy their own liability insurance ($80 un-reimbursed per month), even when the company already has full liability insurance for all the drivers. Then they use that EXTREMELY strict insurance policy requirement (no more than 2 speeding tickets in 2 years, and no DUI ever in your lifetime) to selectively not hire people. All in the name of "liability"

      Companies are so busy covering their asses that I'm surprised they have a free hand to get anything done. (which might explain why the managers outnumber the workers at some businesses)

    4. Re:is there really a liability concern? by hawguy · · Score: 1

      If I open source a mortgage calculator that does an incorrect calculation, does anyone really have the grounds to sue me? After all, they have the source code, and are just as capable as me of finding a mistake in the code. And if they aren't capable of understanding the source, maybe they shouldn't be using it.

      You mean like recalling and banning lawn darts because people are too stupid to figure out not to throw them at each other or stand under them when throwing them straight up? Or like all those people that (using your example) listened to their realtors/brokers and couldn't figure out that no they really couldn't afford that house? Or maybe like the guy that just won class action status against Apple because he was too busy to be a parent and use the tools Apple provided so his kid ran up a "large" bill with micro payments?

      In the US people will sue over anything and really licenses and agreements mean less than which judge you get and what type of mood they are in that day. I understand and agree with the idea that you shouldn't be able to sign away your rights, but that should be balanced by common sense and responsibility (e.g. it's not the MFGs fault that a dart impaled you if you stood under it).

      Yes, interesting examples of the litigious nature of Americans (but I think the lawn dart case had merit - few would expect a toy marketed toward children to have the potential to penetrate a child's skull when the very nature of the game involves tossing the dart in the air so even if used properly such an accident could occur), but do you have examples of an open source software developer was sued (whether successfully or unsuccessfully) when the software he provided for free with no warranty didn't do what it was supposed to?

    5. Re:is there really a liability concern? by John+Hasler · · Score: 1

      You mean like recalling and banning lawn darts...

      Darts which were sold. For money. This is product liablility. The key word is "product": something you sell. Giving away software with no expectation of being compensated creates no duty and therefor no liability.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  10. Making money from it by Anonymous Coward · · Score: 1

    The county is trying to figure out how to protect ourselves from people making money from it

    Why do they care if someone can improve it and make money from it?
    Why are so many people scared to release something into the public domain for the greater good?

    1. Re:Making money from it by NicBenjamin · · Score: 1

      Keep in mind these people aren't artists, engineers, or anything like that. Their job isn't to do some airy-fairey "improve the world" BS, it's to get the best value for the money for their taxpayers. And if they release this program, somebody gets rich off it, their taxpayers are gonna be pissed. Their tax-money went to getting some guy rich. The question their bosses will be answering at the next Commission meeting isn't "How did you do the great thing of making that dude rich?," it'll be "Why was my tax money spent on making some dude rich while the police budget was being cut?"

      It's not likely that this program will actually make anyone rich, so that's probably not the most important objection the OP's facing. Anyone who knows much about government contracting knows it's virtually certain some shifty operator will see this, set himself up as a consultant on code he doesn't understand, charge local municipalities lots of money, and do it so badly he gets sued. Since he doesn't have much cash (stealing programs you don't understand to make money is only a sensible decision if you're poor), whereas the County that wrote the program has insurance, the OP's bosses get sued. The No Guarantees clause can help here, because it means any lawsuit will lose, but nothing can actually stop someone from filing a lawsuit.

      Always remember the bureaucrats creed: "I want my tombstone to say "He didn't get his name in the newspapers."

  11. Public Domain by Anonymous Coward · · Score: 3, Interesting

    FYI, if I remember right all works by a public employee while employed are to be in the public domain. This is at least true for federal workers.

    1. Re:Public Domain by SEWilco · · Score: 3, Informative

      You remember most of it. It depends upon applicable law. Federal law is almost as you describe -- for works created while the employee is working (not "while employed", as that could cover off-duty activities). States and local laws differ.

  12. Making money by man_of_mr_e · · Score: 3, Insightful

    Why do you care if others make money off it? It's government developed so that means it was funded by taxpayer money.

    All taxpayers should have access to it, even if they want to make money from it. It should automatically be public domain.

    You can still CYA by a simple BSD style license.

    1. Re:Making money by manoweb · · Score: 1

      And in fact, a license that disallows commercial usage or sets limits on how much money can be charged for the software is incompatible with Open Source.

    2. Re:Making money by gr8_phk · · Score: 1

      All taxpayers should have access to it, even if they want to make money from it. It should automatically be public domain.

      Actually, that would be "All taxpayers in that county should have access to it..." since they paid for it. Yet they are considering going quite a bit beyond that group.

    3. Re:Making money by AngryNick · · Score: 1

      I just remitted a check to the State of New York because of some kind of "revenue sharing" agreement I have with them related to my employment in the state. I believe this makes NY, and by association, your county employer, business partners of mine. I am therefore entitled to a share of the revenue/benefits achieved through this technology you created while employed by my business partner. I happen to need the money more than a WSP file, so please send me cash, check, or starbucks cards.

    4. Re:Making money by man_of_mr_e · · Score: 1

      Most counties get Federal funding that contributes to their budget. So some portion of it could be considered any US taxpayer.

    5. Re:Making money by hanshotfirst · · Score: 1

      Funded by taxpayers doesn't infer the taxpayer has open use of what they funded. The B2 was taxpayer funded, but I can't just walk onto a base and ask to fly one, or get plans to build my own and offer joy rides for my own profit. I know there are probably several large holes in my analogy; maybe a car analogy would be better?

      --
      Why, oh why, didn't I take the Blue Pill?
    6. Re:Making money by man_of_mr_e · · Score: 1

      No, the flaw is that you are talking about physical property, not intellectual property. Also, it's something that's covered by national security.

      By law, the federal government does not retain copyright on anything it produces, but it can retain copyright on things transferred to it. This means any documents, source code, etc.. is in the public domain by default.

      This is also why there's a thing called the "Freedom of Information act" that forces the government to disclose documents that are not secret.

      Yes, this is a county government, but many of the same rules apply and counties are funded partially by the federal government. Most government funding requires the recipients to follow specific rules about things.

  13. Re:quick how-to by Anonymous Coward · · Score: 3, Insightful

    I loath Microsoft and closed-source software, and "walk the walk" (I use a total of 4 proprietary programs), but this comment is beyond worthless. The poster says that the site works great, and wants to share it with other groups. You are basically saying "no it doesn't." And there is no analysis as to why that might be the case. You might as well have just screamed nonsenically in anger.

  14. NACo Award by Anonymous Coward · · Score: 2, Interesting

    No offense, but I won a NACo award as well...in the 90s. Seems cool, but I am aware that ANY submitted project 'wins'.
    I am not so certain I'd be using this award as a statement of how awesome the work is.
    * I am not saying the work is not awesome, just that this is not a good measurement.

    1. Re:NACo Award by westyvw · · Score: 1

      Just like all the "vendor" awards people are always going on about at my work. Stupidist. Thing. Ever. "Look I managed to use your software to do what it said I could do!"

      Hurray! Lets give em an award!

  15. Re:quick how-to by buchner.johannes · · Score: 2

    You should have ended your post with viable alternatives.

    --
    NB: The message above might reflect my opinion right now, but not necessarily tomorrow or next year.
  16. Share the template and any custom code by Karl+Cocknozzle · · Score: 1

    Under an open-source license and be sure to include disclaimers about providing no warranty as to its functionality and suitability for what they're trying to do with it. Best choice would be to consult with a good lawyer who has worked with a "free" distribution of software before. Only in America would you need a lawyer to give something away safely, but here we are.

    --
    Who did what now?
  17. Gotta Redirect Your Question by nko321 · · Score: 1

    You're a technical person asking a technical group a business question. Redirect your inquiry to a business person. If you were working for a commercial company, the terms of your distribution of this software would be sussed out by sales people, marketing people, business analysts, etc., but no technical people (unless you count sales engineers or the like).

    Don't give anyone access to your own infrastructure. Maybe offer to do a backup / restore or otherwise make copies, but offer these options to a business person on your side, not to prospective external users.

  18. Talk to a lawyer! by Dynedain · · Score: 3, Insightful

    If the county wants to share but is concerned about liability, THEY SHOULD TALK TO THEIR ON-STAFF/ IN-HOUSE/ ON-RETAINER legal counsel!

    They have them, I guarantee it. Use them. The last they want is a tech guy (who has already admitted he doesn't know the implications of the various licenses) fumbling around to figure this out.

    If they really really don't want to talk to their own legal counsel, then just prepare an instruction list that other municipalities could follow and publish that instead of trying to distribute the whole kit-and-kaboodle.

    --
    I'm out of my mind right now, but feel free to leave a message.....
    1. Re:Talk to a lawyer! by ILongForDarkness · · Score: 1

      There is liability and then there is liability. So the license says you aren't liable but NYC just had a major service go down because your program got corrupted. Sure you're not liable but your county is going to be all over the news as the source of the problem, if you refuse to drop what you are doing and work for free to fix the problem you'll come out as the villain all in the name of giving something away.

      Heck they'd come after you when they decide they need a new feature to implement a "great idea" one of their people have. Except they don't know how to do it and don't really understand your system. Oh you won't do it for free? Will you do it as a consultant? If not then again you, your boss, county etc gets dragged through the mud: "Oh Buffalo would love to be able to install these new solar panelled flying composters but the software we got from Rat Hole county doesn't support it and we couldn't get any help from them to figure it out". Employers see extra work with no profit and a huge political anvil hanging over their head and say "no thanks".

    2. Re:Talk to a lawyer! by olau · · Score: 1

      I think that needs to be qualified with "knowledgeable in the field". A standard lawyer approach when facing uncertainty is: don't do it. With that mentality, you're going nowhere. You need to talk to someone who understands what this is about.

    3. Re:Talk to a lawyer! by Dynedain · · Score: 1

      The county is already paying for legal counsel. Whether that's a full-time employee or an outside firm on retainer, they are paying for this service. The submitter needs to talk to them. Then he can help the legal team do the legwork for collecting appropriate licenses or such if they aren't sufficiently "knowledgeable in the field".

      --
      I'm out of my mind right now, but feel free to leave a message.....
  19. "protect ourselves from people making money" by John+Hasler · · Score: 1

    Protect yourselves from what? How would it harm you if someone made money from it?

    > The county just wants to make sure they can't be held liable

    People have been releasing Free software for thirty years or more with impunity. The University of California has not been sued over bugs in BSD. Linus Trovalds has not been sued over bugs in Linux. Why do you think you will be sued?

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  20. This is best handled by private companies... by maple_shaft · · Score: 1

    You exist a government entity and have one purpose and one sole purpose alone and that is to serve the residents of your municipality. You are clearly not in the business of making money through profit seeking endeavors.

    With that being said, you worked hard on this and it seems to be a huge success, so the municipality should benefit greatly from such an endeavor. You may have something that works great for you but honestly Sharepoint is really only good for internal apps and you certainly do not have a scalable solution that could be easily marketed to other counties. The best thing you can do is to find a private company to partner with that can take the work that you did and use that as the foundation for building a product, as well as marketing and selling that product.

    By letting private interests handle the risks involved, you and your county can serve an advisory role and still work out a mutually beneficial arrangement where your county is well compensated, either through a percentage of gross revenue or a large lump sum.

  21. You really can't do that easily by Registered+Coward+v2 · · Score: 1

    Open sourcing it doesn't prevent someone from making a buck off of it. All the license agreements in the world don't prevent you form getting sued. As a result, no is the easiest answer.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  22. Re:quick how-to by X0563511 · · Score: 1

    True enough, but my post was meant entirely in jest.

    I hate Sharepoint as much as the next person who's been forced to use it, so I beg pardon for having a little fun at it's expense.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
  23. Share a share point? by elecmahm · · Score: 1

    Are they people you hate or something? Friends shouldn't share crappy MS products like Sharepoint, VB, and Microsoft Bob / WinME with one another.

  24. Other places to ask / look. by oneiros27 · · Score: 1

    I'm guessing that Code for America, Open Source for America, or Civic Commons would have some experience in dealing with these issues, and have suggestions:

    ...and sure enough, it looks like Civic Commons has a page on legal policy, which includes ''Legal Issues and Best Practices With Converting/Contributing In-House Developed Code into a Reusable FOSS Project". Also take a look under Chapter 4, as there's a bit of a discussion about code releases using FOIA. The others might have stuff, too, I didn't look too thoroughly.

    --
    Build it, and they will come^Hplain.
    1. Re:Other places to ask / look. by westyvw · · Score: 1

      It amazes me how few public employees actually know these sites exist. When I am consulting I find that the public sector is so f-ing brain dead when it comes to partnering and saving money that it hurts.

  25. Re:quick how-to by CaseCrash · · Score: 2

    Nope, it was a joke. I think I'd fucking know, I posted it.

    GTFO yourself.

    Maybe you should learn how to tell jokes better.

    --
    No, that link you posted to a web comic we've all seen a hundred times is not "obligatory."
  26. Give it to the state by jmkaza · · Score: 1

    New York State Senate releases all the software they develop under a dual GPL3/BSD license. Pas it up to them to release and let them deal with it...

    http://www.nysenate.gov/developers/

  27. You realize you just won the argument? by NicBenjamin · · Score: 1

    If their major concern is that if we release it somebody will make money off of it then they need to release it, and release it in such a way that nobody can make money off of it. If somebody's able to make money off it, then clearly it's very useful, and it would be churlish to keep it to yourselves. You release it open source, with a No Guarantees license to prevent you from being sued when some jackass figures out a way to use it to turn over his entire Parket Ticket Payment Database to identity thieves. Then you get your bosses to budget a few hours a week to support it.

    So get legal on this, get them to agree to a license. It needs the No Guarantees clause. It should probably have the No Commercial Exploitation clause, even tho that is not terribly effective (see Red Hat).

  28. Re:quick how-to by slaker · · Score: 1

    I usually try to replace Sharepoint with Wiki or Drupal installations. Sharepoint does a lot of different stuff; I don't think there's a single drop-in replacement available in the land of OSS projects, but in my experience a lot of the time workgroups are barely scratching the surface of what they could be doing with it anyway.

    --
    -- I wanna decide who lives and who dies - Crow T. Robot, MST3K
  29. Re:quick how-to by noh8rz3 · · Score: 1

    i liked it. i cry at SP every day as well.

  30. what's wrong with making money? by noh8rz3 · · Score: 2

    The county just wants to make sure they can't be held liable and have somebody turn my work around and make a buck.

    who cares if somebody makes a buck? this sounds like sour grapes on the part of the county. They're in no position to monitize it (they shouldn't be anyway, or else they're wasting taxpayer money on business ventures?). Let somebody else make some dough.

  31. good question by kanoalani · · Score: 1

    Essentially: how to use an open-source license for something created within a closed-source framework? Clearly it's possible and it happens often with code developed for a closed-source language (like IDL or Matlab for example) but Sharepoint is not really a programming language and I don't know if your creative work can be extracted in a way that it can be licensed separately. I think that's what other comments were getting at by suggesting that you create meta-code like a how-to. That's probably a good idea if Sharepoint does not let you extract your site as an unencumbered expression of your creative work. I think liability or potential for profitable derivative works are pretty much non-issues for something like this but a GPL is a good idea if you can get your work into a form that you have the right to license.

  32. Re:quick how-to by Serious+Callers+Only · · Score: 4, Insightful

    Microsoft does not make computers, or make them cheaper. That trend was started by hardware manufacturers competing with IBM with clean room implementations of the bios, and continued with netbooks etc. Nice rewrite of history.

  33. Re:quick how-to by cyber-vandal · · Score: 1

    I don't loathe Commodore, Atari or Sinclair - all of whom made home computers long before the IBM PC made it out of the office.

  34. Re:quick how-to by Anonymous Coward · · Score: 1

    Drupal is an excellent replacement. My workplace has been phasing out sharepoint recently, and drupal + contributed modules has covered a lot of the functionality nicely. You still have to write some custom modules to completely replicate it (or at least the parts of sharepoint you use, YMMV), but every project that has been replaced with drupal so far has been, and I quote from the folks using the site, "Like a beautiful sunny morning after a terrible, terrible nightmare".

  35. Re:quick how-to by Anonymous Coward · · Score: 1

    I work in a govbernment department, wee tried replacing SharePoint with Drupal only to find Drupal a 1000 times worse. In the end the solution was to stick with SharePoint for sites that used OOB functionality and anything custom we moved to a more standard web site development model.

  36. Put an Affero License on it. by darkonc · · Score: 1

    Release it with an Affero license. That way, they'll be able to use the software and make money off of it, but they'll then have to make it available to everybody else (and, thus, "Spread the wealth").

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  37. Re:quick how-to by Pigskin-Referee · · Score: 1

    The amount of voodoo required to get it to work the way you want it, and the ease with which someone can destroy all your work, are staggering.



    For a moment there I thought you were describing a FreeBSD system with any modern hardware. Then I remembered that FreeBSD doesn't support the latest Intel Video cards or most high end "wireless N" cards either.
    --
    Pigskin-Referee
    Linux: Yesterday's technology, tomorrow ...