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What Happens to Open Source Code After Its Developer Dies? (wired.com)

An anonymous reader writes: The late Jim Weirich "was a seminal member of the western world's Ruby community," according to Ruby developer Justin Searls, who at the age of 30 took over Weirich's tools (which are used by huge sites like Hulu, Kickstarter, and Twitter). Soon Searls made a will and a succession plan for his own open-source projects. Wired calls succession "a growing concern in the open-source software community," noting developers have another option: transferring their copyrights to an open source group (for example, the Apache Foundation).

Most package-management systems have "at least an ad-hoc process for transferring control over a library," according to Wired, but they also note that "that usually depends on someone noticing that a project has been orphaned and then volunteering to adopt it." Evan Phoenix of the Ruby Gems project acknowledges that "We don't have an official policy mostly because it hasn't come up all that often. We do have an adviser council that is used to decide these types of things case by case." Searls suggests GitHub and package managers like Ruby Gems add a "dead man's switch" to their platform, which would allow programmers to automatically transfer ownership of a project or an account to someone else if the creator doesn't log in or make changes after a set period of time.

Wired also spoke to Michael Droettboom, who took over the Python library Matplotlib after John Hunter died in 2012. He points out that "Sometimes there are parts of the code that only one person understands," stressing the need for developers to also understand the code they're inheriting.

78 comments

  1. Easy by Anonymous Coward · · Score: 0

    The guy who has the root password to the internet deletes all repositorys and it ceases to exist.

  2. Simple by Anonymous Coward · · Score: 0

    It becomes public domain

    1. Re:Simple by KiloByte · · Score: 4, Funny

      It becomes public domain

      The dead guy needs an incentive for 70/75/90/95/100 years so he can keep improving that code.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    2. Re:Simple by ShanghaiBill · · Score: 5, Informative

      It becomes public domain

      No it doesn't. When someone dies, unless their wills says otherwise, any copyrights go to their estate. It is up to their heirs what happens after that.

    3. Re:Simple by CustomSolvers2 · · Score: 1

      It becomes public domain

      No. Unless the author expressly wanted it to become public domain.

      SIDE CLARIFICATION: all my open-source code and public activity is public domain since over 2 years ago. So, me being alive/dead doesn't change anything on this front (the updates might get a bit delayed though :)).

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    4. Re:Simple by bws111 · · Score: 1

      So you have no license on your code at all? How does anyone know they can use it?

    5. Re:Simple by Aighearach · · Score: 2

      Generally, they know they can use his code because he has waived his right to sue them by purporting to give them permission by placing it in the public domain.

      Lawyers (IANAL) disagree over if it is possible/legit to actually place a work in the public domain, but both sides agree that if you try you're waiving your right to sue people over it.

      The problem is if the people who say it isn't legit are correct, and then you die and the person who inherits the copyright sells it, and no restrictions attach to the buyer and now they can sue you over it! Hopefully, the other lawyers are right and it really would be public domain.

      This is why I just use the Apache 2 license, then all the different "camps" can use it, and all their lawyers are happy.

    6. Re:Simple by HiThere · · Score: 1

      Things don't happen that way, but most "open source" projects don't end up with ownership problems so much as maintainer problems. It's quite rare that the legal inheritor of the copyright has either the desire or the ability to maintain it. With most open source licenses, certainly with GPL, the next maintainer retains the right to alter and release new versions of the code even without legal ownership of the copyright to the existing code. But capability is an entirely separate matter. There can also be problems with the right to use the name, but, again, that doesn't usually arise with death.

      Actually I believe that for FOSS projects the two main problems in this area are the right to continue using the name and the capability to maintain the code (and interest in doing so). And that doesn't always wait for somebody to die to become a problem. I know Debian is frequently asking for someone to adopt a package that has lost its maintainer...and often the reason is loss of interest rather than death.

      All that said, I know that in the Python community awhile ago (over a decade now?) there was significant concern about "What do we do if Guido is hit by a bus?", and the result was the current Python Software Foundation. Smaller projects, however, would probably find that solution expensive overkill.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:Simple by Anonymous Coward · · Score: 1

      To be fair, copyright law does make sure I have no incentive to murder you to save on licensing costs.

      On the other hand, a fixed time like "20 years from the work's creation" would have the same effect; this is just an argument against setting the copyright expiry date to the death of the author.

    8. Re:Simple by CustomSolvers2 · · Score: 1

      So you have no license on your code at all? How does anyone know they can use it?

      No. I have licenses (and quite a few other references) clearly saying that my code can be considered public domain. Didn't you know that, within the most common lists of copyright licenses, you can find public domain ones? In some cases, you have the express option of public domain or cc0 or unlicense, all of them are basically the same. What this means is that my code/any other public output can be used according to whatever rules are applicable to public domain in the given jurisdiction. The basic idea is that you can use it without any limitation and without referring me at all (it would be nice though), but you cannot claim its authorship. The whole point of my public codes is giving an idea about my coding skills to potential clients; I don't care about people using it more or less and, in case of doubt, I usually choose the generous alternative :)

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    9. Re:Simple by CustomSolvers2 · · Score: 1

      but both sides agree that if you try you're waiving your right to sue people over it.

      Honestly, I cannot imagine me suing anyone about stealing my code (mainly when there are many other much quicker and efficient "counter-measurements". LOL); but I am not renouncing to that right anyway. Although public domain protection is certainly much more imprecise than other more restricted alternatives, it is still protected at least for what matters to me: the original authorship. You can take any famous public domain work from Mozart or Shakespeare to immediately understand that nobody will ever go away with claiming authorship of that. I am only renouncing to modern restrictions/revenue-generations which I don't fully support and which, in any case, are quite useless under my specific conditions, where my public code is used as mere advertisement of my actual income source (= being hired to actually perform whatever development).

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
    10. Re:Simple by TheRaven64 · · Score: 1

      There are two reasons to avoid the public domain, though they're largely been relaxed over time. The first is that most software licenses include an explicit disclaimer of liability. If you put something in the public domain then you are not providing that, so though you waive the right to sue over copyright infringement no one else waives the right to sue you. That said, I don't believe that there's been a single lawsuit over merchantability of public domain code, and I'd be surprised if one didn't get laughed out of court.

      The other is that some jurisdictions either don't recognise that public domain exists, or recognise it only as the state into which works fall after the copyright expires. In particular, there's a lot of jurisdictional difference over moral rights, which either don't exist at all (much of the US - yes the US has bits of copyright law that vary from state to state), aren't transferrable / waivable, or are simply the same as other rights, so depending on the jurisdiction public domain work may still have strong attribution requirements.

      The CC0 license avoids all of these issues and so is generally a better choice if you want to ensure that the rights that the recipient of your code has are the same that they'd have in a common interpretation of what public domain means.

      --
      I am TheRaven on Soylent News
    11. Re:Simple by CustomSolvers2 · · Score: 1

      Although I am not particularly concerned about anyone taking an unfair advantage of my public-domain-licensed activity, you are certainly making good points and providing some useful information. Thanks.

      --
      Custom Solvers 2.0 = Alvaro Carballo Garcia = varocarbas.
  3. It remains... by Master5000 · · Score: 5, Insightful

    open for anybody to continue? That is exactly the advantage of open source.

    1. Re:It remains... by Anonymous Coward · · Score: 0

      Sure. But you have to find someone who is (a) interested in doing that, (b) has the skillset for adopting and continuing that code in that domain, and (c) has time to make the major investment in understanding a large code base inside and out.

      It isn't impossible of course, but it also is not a guarantee, especially if the project is more niche. For widely used software it is likely, but even then not a surety.

    2. Re:It remains... by Opportunist · · Score: 1

      Technically? Certainly.

      Legally? Legally, the code is property of his estate.

      Open source means that the source code can be viewed by everyone, not that it has no owner and is up for the taking.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:It remains... by UnknownSoldier · · Score: 2

      As opposed to closed source where source code is held hostage and no one can use it???

      Open Source is a better paradigm for benefiting society in the long run.

    4. Re: It remains... by Anonymous Coward · · Score: 0

      Legally? Legally, the code is property of his estate.

      Not in the US. Inheritance of copyright is complicated, and without the appropriate measures in place before death it just doesn't happen. And it's unlikely a random open source coder had went to that trouble.

    5. Re:It remains... by DontBeAMoran · · Score: 1

      I think you mean "as opposed to closed source where source code is an asset and the company will keep investing in it by assigning new programmers to it".

      --
      #DeleteFacebook
    6. Re: It remains... by Monster_user · · Score: 2

      What world do you live in where once widely used software is updated?

      As far as I am aware, Thunderbird is not even an asset to " Moz://a" anymore,...

      Likewise, Kubuntu is no longer maintained by Canonical.

      Not to mention all of the abandonware on Microsoft's technet site.

      There comes a point where it isn't cost effective for a developer to maintain software anymore. At such a point in time the developer holds on to the copyright, the source code, and name of the software so they have the option of releasing an entirely new product in the future using that name.

      Kind of like auto manufacturers and reusing names for cars.

    7. Re:It remains... by MrDozR · · Score: 1

      Thats not the main point though. Anyone can fork a github repo and continue working on it. The problem lies in adoption. If a well known and used repo, say github.com/foo-tool is used by many other projects and the sole maintainer and only permitted committer passes away, there is no-one around to continue in that repo. It would have to be forked. It takes time and a bit of patience for a fork of a known project to start being accepted as a dependency in others. Maybe github (and others) should have some form of project donation, where a project can be donated to another owner after a certain period of inactivity. Like a dead-mans switch.

    8. Re: It remains... by Anonymous Coward · · Score: 0

      Nonsense. Copyright is treated just like all the rest of your personal property. You can will it specifically or as part of your estate. If you don't have a will it transfers by the same rules of intestate seccession as everything else. There are no 'appropriate measures that must be in place'.

    9. Re: It remains... by Aighearach · · Score: 1

      In his defense, it was at least true up until about 40 years ago. He probably didn't read the newspaper that week and never knew!

    10. Re:It remains... by HiThere · · Score: 1

      Before I switched of Linux my projects were continually depending on software that people and companies just dropped for one reason or another. Going out of business was one of the major reasons, but not the only one. I've still got files in various of them that I haven't got around to throwing away yet, but which are totally useless because there's no possible way to run them. TurboCAD is one that I just threw away today. I think they went out of business. Deluxe Music Construction Set I finished cleaning out earlier this year, they haven't worked since MacOS 7.5. The list is long and unhappy, full of work that was lost because of companies that stopped supporting their users. This hasn't happened once since I moved to Linux...though there are a couple of programs that only run in a virtualized Red Hat Linux 2.4 environment.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    11. Re:It remains... by DontBeAMoran · · Score: 1

      Oh ok, Linux is the exception because you run an old version in a VM.

      And you can't do that with your old software because... no reason at all, except that you want to crap on commercial software you once used yourself?

      Your logic is flawed.

      --
      #DeleteFacebook
    12. Re:It remains... by afidel · · Score: 1

      Well, in the future it will be very difficult as Windows 7+ require either an internet connection or an activate by phone call in order to run for more than 30 (?) days. Once MS makes them EOS then you won't be able to activate them at all and at that point no new VM can be spun up.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    13. Re:It remains... by HiThere · · Score: 1

      I tried for quite awhile to run MSWind95 in a VM. It never quite worked. There didn't seem to be an option to run MacOS 7.2 in a VM.

      So, yes, it is a reason. And the particular software that I'm running under a VM in Linux is a game, so I didn't pay attention to it being closed source. Then it acted the way one needs to expect closed source software to act...but since it was Linux I have been able to keep it usable.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    14. Re: It remains... by Anonymous Coward · · Score: 0

      You can run 7 as long you want, it just removes the wallpaper to nag you. Has been like this since Vista SP1

  4. Bury shit code with its author. by Anonymous Coward · · Score: 0

    The last paragraph of tfs bothers me.

    Good code is written in a way which makes it inherently usable, auditable, and understandable by others.

    Undocumented, obfuscuated, or otherwise impossible to deal with garbage spaghetti code violates a subtle but important principle of good open source.

    I'd say if it cant be forked for reasons of being full of shitty unmaintainable code, let it rot.

    1. Re:Bury shit code with its author. by DontBeAMoran · · Score: 1

      What is "usable and understandable to others", though?

      I always use brackets for my ifs, my ifs/else, switch/case, etc. You can't NOT see the blocks of code.

      And I never understood why something as obscure as "if x:?z" exists, its purpose only makes for unreadable code.

      --
      #DeleteFacebook
    2. Re:Bury shit code with its author. by HiThere · · Score: 1

      If nobody can understand it, it *will* rot. This may be a disaster as far as the project is concerned. But if nobody really understands what it is doing, replacing it can be...problematic.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  5. Webalizer by QuietLagoon · · Score: 1

    Sometimes I wonder if Webalizer (web server log analyzer) has been orphaned in a manner similar to this thread's topic. Last I checked, the website (webalizer.org) is still up, but no one seems to be home.

    1. Re:Webalizer by allo · · Score: 1

      http://www.webalizer.org/webal...
      > Last modified July 23, 2017 by B. Barrett

    2. Re:Webalizer by QuietLagoon · · Score: 1

      Thanks. That's the first signs of life I've seen in years.

  6. The same thing as when the developer is alive: by Anonymous Coward · · Score: 1

    Zero support. Zero updates. Zero documentation.

  7. Good Question! by Anonymous Coward · · Score: 0

    Iâ(TM)m curious what the future of APKs host file generator might be if the unspeakable happens. I hope there is a contingency plan in place to continue development of this awesome piece of software. It really has changed my life.

    Trump 2020!

  8. Fork if I know... by Anonymous Coward · · Score: 0

    bit bucket?

  9. The code is available. Package management policy by raymorris · · Score: 4, Interesting

    Yes, the code is available, it's open source, after all.
    The question the article gets to is how do packagers such as Red Hat or CPAN decide which version to include by default - the old, established one that hasn't been updated, or the new one that has updates but not not the long history? That may be a case-by-case issue by it's very nature.

    The other point raised is that programmers, up open source or proprietary, should make sure that two other people have commit access, or will get it.

    In my most significant software I wrote by myself, I included a "dead man's switch" which I'm thinking about activating. In the license, I included a clause that said if my web page goes down, non-copyright is automatically passed to a certain person (I maintain my rights as well). If they choose not to maintain the software, two other people are named. If none of those three picks it up, it automatically goes GPL and anyone can do what they want with it, including providing updates and support as part of their business.

    The person I passed it along to a few years may not be actively maintaining and supporting it, so I may post it relevant forums declaring that I'm now licensing it open source. I may also contact some of the people that make "competing" software and let them know they can freely use my old software, or parts of it, in compliance with an open-source license I'll select.

  10. Typo: non-exclusive copyright by raymorris · · Score: 2

    I accidentally typed

    non-copyright is automatically passed to a certain person (I maintain my rights as well)

    That should say:

      non-exclusive copyright is automatically passed to a certain person (I maintain my rights as well)

    They got full rights to do whatever they wanted with the code, expressed as a non-exclusive license. I also maintained my own rights, so I can theoretically use library routines or any patentable new ideas in my own projects, or allow other people to do so.

  11. You're probably "trolling" but... apk by Anonymous Coward · · Score: 0

    I'd have OpenSORES'd it long ago except for what goes on here (trolls harassing & even threatening me/my program etc.) but I've seen what happens in that regard via Google Chrome EFast (a malicious doppleganger created out of its "open source").

    * Besides, I've already accounted for it should I "kick the bucket" etc. - it'll go to my nephew who works @ Apple...

    (Its doing well enough as is so far! E.g. - Alexa shows it's one of, if not 'THE' most popular page @ Start64 (shows the page for my program is ~3% of the total site's traffic in fact)).

    APK

    P.S.=> Anyhow/anyways (per the bold above) - He'd most likely continue it IF needed (& I have a version here that is already a GOOD 50% faster on HUGE datasets that I haven't released to the 'general public' as I test the hell out of things a good 1/2 yr. prior to release publicly)... apk

    1. Re: You're probably "trolling" but... apk by Anonymous Coward · · Score: 0

      Lul.

      Andddddd nothing of value was lost.

  12. A major point of open source.... by JustNiz · · Score: 2

    ..is that has no gating dependencies on the original developer.

    If something is opensource then either it already has other people to keep working on it, or it wasn't filling anyone else's real need anyway, so doesn't matter if it fades away.

    1. Re:A major point of open source.... by HiThere · · Score: 2

      A problem with FOSS software is that it often *does* have gating dependencies on the current developer. They aren't so much legal as informational, and sometimes interest, but they're there.

      That said, this is much less severe with FOSS projects than with closed source projects, and the legal obstacles are absent, but that doesn't mean that there aren't any dependencies.

      E.g. (a story from the 1970's).
      There was this shoe store that used software to do its taxes, and since computer time was expensive the compiler output was hand tuned for speed. At some point the original source code was lost, and all that was left was a binary program that did their taxes quickly and efficiently. The guy who wrote it had left for another job years ago. Then the IRS decided to audit them... Whoops! ... but they had all rights to the code, so that wasn't a problem. And the binary was isomorphic to the tuned assembler code, so that wasn't a problem. But *NOBODY* knew how it worked, what it did, or why it did it.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:A major point of open source.... by JustNiz · · Score: 1

      That leads perfectly into my one major gripe about open source projects.
      The documentation is most usually either absolutely crap, or completely absent.

  13. I guess the same that happens when he murders his by Anonymous Coward · · Score: 0

    See ReiserFS. Its there for anyone to use but the project is dead for all intents and purposes.

  14. Right: Your trolling's a waste of time... apk by Anonymous Coward · · Score: 0

    See subject: Mine, yours & others seeing your childish bs trolling - You're welcome to do better than I but it's beyond your abilities/skills & maturity level too.

    APK

    P.S.=> Unbelievable - grow up... apk

  15. It depends by dremon · · Score: 2

    The good, well-documented, test-covered and well-behaving code goes to heaven repository. The other codes are incorporated into Microsoft products.

  16. To be more precise by Anonymous Coward · · Score: 0

    What if an open source developer you know but don't like very much happens to succumb to a dreadful accident? Posting anonymously...for a friend...

  17. GPL the code by Anonymous Coward · · Score: 0

    As long as you license it under the GPL, someone can fork a new version if you no longer wish to maintain it.

  18. Dual license rights by Anonymous Coward · · Score: 0

    If the code is released under the GPL (or LGPL), then only the owner of the copyrights has the right to "take it closed", for example, to release proprietary extensions that would otherwise require public release of the source code. Of course, the owner can also sell a "commercial license" allowing paying customers to do the same. And many companies have done this, including MySQL AB, Trolltech, and NGINX.

    So if the owner of GPL'd software is a single person and s/he passes away, does the right to make proprietary extensions to the code vanish for eternity?

    1. Re:Dual license rights by boudie2 · · Score: 1

      From this page
      https://en.wikibooks.org/wiki/...
      "One of the main motivations for the usage of the GPL in FOSS is assurance that once something is released as FOSS, it will remain so permanently."
      My understanding is that means in perpetuity.
      After you go to /dev/null it's still GPL.

    2. Re:Dual license rights by Xtifr · · Score: 1

      So if the owner of GPL'd software is a single person and s/he passes away, does the right to make proprietary extensions to the code vanish for eternity?

      No, it passes to the person's estate. The only thing that really changes (aside from the name of the person you need to talk to) is that the clock on the copyright finally starts ticking.

  19. not new by senatorpjt · · Score: 2

    The same thing that happens when a developer loses interest in a project. Either someone steps up to maintain it or it sits in stasis until then. It's certainly a better situation to be in than to be stuck with closed source stuff after the company goes under or stops supporting it.

    1. Re:not new by HiThere · · Score: 2

      MUCH better. At least you can figure out how to read the data files, even if nothing else. I've ended up with a bunch of files from dropped closed source projects that represent a huge amount of work and are totally worthless. Now I won't depend on any software that isn't FOSS.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:not new by hairyfeet · · Score: 1

      You've never heard of VMs? Because in this day and age that excuse is bullshit as you can trivially run a VM of every OS from BeOS to Windows 10 so you can run any old program you please no matter what OS it was coded for.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    3. Re:not new by TheRaven64 · · Score: 1

      Assuming that the original program ran on an x86 PC. Getting data out of programs that only ran on a PowerPC Mac is much harder, though older systems (e.g. most m68k systems, such as Amigas and older Macs) were sufficiently simple that there are now emulators that have decent performance. Unless, of course, the program in question relied on some copy protection mechanism that doesn't work with the emulator. Try getting anything that had a parallel-port dongle to work in DOSBox, for example.

      Even then, just being able to read the data in a VM or emulator isn't always that useful - you want to translate it to some other form and so you end up needing a chain of import-export programs, and finding the middle ones can be difficult. I have a bunch of ClarisWorks 1 documents and if I ever want to import them into something new then I think I will need to find a copy of ClarisWorks 3, which can both open them and save in a format that the latest AppleWorks (which still runs in Rosetta on an older OS X on an x86 Mac) can open, and then export them into something else that's actually readable on a modern system. For the word processor documents, ClarisWorks 3 can save them in a format that a modern version of Word can open (ClarisWorks 1 couldn't), though likely with a loss of formatting, but most of them were from the vector graphics program (which worked well as a DTP program, because the text boxes embedded all of the functionality of the word processor) and I've no idea what the path for opening them on a modern system is. Fortunately, I don't really care about most of them.

      --
      I am TheRaven on Soylent News
    4. Re:not new by HiThere · · Score: 1

      Some of the programs I could run in emulation, though not well, since many of them were timing dependent. But I couldn't get the data from the files.

      Recently I took an old computer, booted it up, and *printed* a bunch of the files to pdf. This gave me the data, but not in a very usable form, then I transferred the pdfs to a different computer, and now I'm in the process of recovering from the pdfs. This has not left me very happy about programs that won't usably export the data. And by usably I mean in a form that I, as a programmer, can use. Other data is for systems that died before virtualization became practical. There's less of that because most has already been thrown away. But how would you go about reading a hard sectored 8-inch floppy in Wang format? There has never been a way to read that since the system died.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  20. The same thing as closed source code by RhettLivingston · · Score: 2

    Someone comes along, looks at it, decides it's all garbage, decides that they can do better, and rewrites it. The only real difference is that those using it in their own product have the option of locally sticking with and maintaining the old code.

  21. All Ruby developers should die by Anonymous Coward · · Score: 0

    And take their useless brittle language to Hell with theirselves.

  22. It's coopted by Anonymous Coward · · Score: 0

    Someone takes it over and uses it to distribute malware.

  23. Old programmers... by sysrammer · · Score: 2

    Old programmers never die, they get redirected to /dev/null.

    --
    His ignorance covered the whole earth like a blanket, and there was hardly a hole in it anywhere. - Mark Twain
    1. Re:Old programmers... by Anonymous Coward · · Score: 0

      we just return main()

  24. DIES OR GOES TO PRISON OR . . . by Anonymous Coward · · Score: 0

    or just goes dark.

  25. Google steals everything by Anonymous Coward · · Score: 0

    Google is supporting PCC a criminaql organization from Brazil to wash money. Some artists from TV are involved becaue they need drugs and child prostitution. They use some small cities like USA used Chile as a political school to test their methods againt police. And I don't have any doubt they would kill developers after public jobs using their names using fake documents.

  26. Re:The code is available. Package management polic by Kjella · · Score: 2

    Yes, the code is available, it's open source, after all. The question the article gets to is how do packagers such as Red Hat or CPAN decide which version to include by default - the old, established one that hasn't been updated, or the new one that has updates but not not the long history? That may be a case-by-case issue by it's very nature. The other point raised is that programmers, up open source or proprietary, should make sure that two other people have commit access, or will get it.

    That's neat when you have someone to name as your heir before your untimely demise, but it's not like most projects has an over-abundance of volunteers looking to secure their rank in the line of succession. For most projects I think it would be quite unclear who, if any, is going to step up and take over in advance. Maybe they need to feel the void of your absence, maybe they're secretly hoping someone else will pick up the mantle, maybe they don't want to take on the commitment they'd feel as the named successor. This would be more like a system to enable the project members or trustees to create an interim solution, where you have to hand over control that you wouldn't give on a day-to-day basis.

    For that I'd probably go with something like Shamir's Secret Sharing algorithm and a grace period to prevent hostile takeover, like if 5/8 of those I've given a vote claim that I'm no longer leading the project and I'm unresponsive for a week then they get to appoint a new project leader. That way they essentially have no power individually, but collectively they'd have the power to declare me "dead". If the project is so tiny you're the only one in it you could give the votes to people you trust in related projects. What you don't want to do is say "project abandoned, up for grabs" and have random hackers/bots take over, add malware and push it as an update. Hopefully those you hand the reins to have some sense in picking a successor.

    --
    Live today, because you never know what tomorrow brings
  27. Fork It by Anonymous Coward · · Score: 0

    If it's a useful project, we would likely see a fork of the project similar to:

    LibreOffice from OpenOffice
    MariaDB and Percona from MySQL
    LibreSSL from OpenSSL
    Kompozer from NVU
    Icinga from Nagios
    XOrg from XFree86

    The list is much longer, but these are instances of forks that were done in many cases in spite of the original developer.

  28. Abandoned property by Tony+Isaac · · Score: 1

    Assuming that the developer did not explicitly designate succession plans, and that the developer's heirs don't have an interest in the project, the code becomes abandoned property. The law in most countries recognizes abandoned property as available to anyone who wants it, whether that is physical property or virtual. For example, if you take a refrigerator out to the curb for trash pickup, anyone who wants it is free to take it and use it however they want to. If software is abandoned, it would legally fall under the same principle.

  29. Irony by Tony+Isaac · · Score: 2

    I get the issues involved, the desire of many in the open source community to require users of open source software to make their own software also open. Still, I find it ironic that the open source community is worried about what people might do with open source software after the author dies. If it were truly open, one would think that they would be happy that the source code now continues to be free for anyone to use or modify!

    1. Re:Irony by Anonymous Coward · · Score: 0

      I think this is more about transferring control of the community.

      What would happen to the Linux kernel main branch community if Linus died? Who would lead it, who would be the primary maintainer? How do you keep the community from fracturing into several ineffective shards?

      THAT is the problem.

  30. Often, if few contributors, they care by raymorris · · Score: 1

    My experience is that on projects with few contributors, those contributors care about the project - they are using it in their business or their own larger project, so one will be willing to take over even if only for their own self-interest. I've taken over a few projects for that reason. I became the maintainer not because I'm altruistic, but because I needed the software to work.

  31. when vs after by Anonymous Coward · · Score: 0

    It becomes public domain

    No it doesn't. When someone dies, unless their wills says otherwise, any copyrights go to their estate. It is up to their heirs what happens after that.

    But a certain number of years - defined in legal code - *after* that, it does indeed become public domain. Pedantically you were correct.

  32. slashdot2017 != open source community by Anonymous Coward · · Score: 0

    I get the issues involved, the desire of many in the open source community to require users of open source software to make their own software also open. Still, I find it ironic that the open source community is worried about what people might do with open source software after the author dies. If it were truly open, one would think that they would be happy that the source code now continues to be free for anyone to use or modify!

    kids these days- no respect for lawns.

  33. Tell Your Estate Planner by SeattleLawGuy · · Score: 1

    No it doesn't. When someone dies, unless their wills says otherwise, any copyrights go to their estate. It is up to their heirs what happens after that.

    Generally this is true, although there are some other ways they can be transferred (e.g. they may be transferring the copyright via a community property agreement, living trust, buy-sell agreement, marital property agreement, or other instrument upon their death). The important thing is to make sure your estate planning attorney knows that you have contributed to open source projects and knows what you want to happen to your copyrights when they draw up your documents. Part of that should also be leaving good instructions for your executor in terms of how they should reach out to project co-maintainers.

    Making plans in advance means someone down the road may have the ability to issue your software under a more permissive license or to enforce the GPL, for example. This applies also if you become disabled--ideally you should have some kind of instruction regarding open source projects with your power of attorney. (If you want help in Seattle or want me to find someone in your neck of the woods who does this, let me know and I can either help out or ask around, as appropriate.)

    --
    Real lawyers write in C++
  34. You just fork the code by perpenso · · Score: 3, Insightful

    It becomes public domain

    No it doesn't. When someone dies, unless their wills says otherwise, any copyrights go to their estate. It is up to their heirs what happens after that.

    Irrelevant, its open source so someone forks the code and continues on. What the relatives want is irrelevant, all they have is an old project name. Well that and possibly the right to dual license it. But the existing open source recipient lose nothing even if it gets dual licensed by the new copyright owners.

  35. Useful stuff will remain by 91degrees · · Score: 1

    If a project is useful it will be forked and maintained by a new maintainer. Linux will survive perfectly well without Linus Torvalds. Do the original developers of gcc even still contribute?

    If people need new features, they can add them. They will do so because it's easier than finding software that does what we want.

  36. BSD by Anonymous Coward · · Score: 0

    The comment section on this story reads like a "here is why you just use a BSD license" testimonial.

  37. are we talking about systemd? by Anonymous Coward · · Score: 0

    We can hope, can't we?