Patches – gifts, or pooled resource?May 20, 2011 10:42 pm community, freesoftware
During UDS recently, Mark Shuttleworth talked about contributor agreements during his keynote. Mark compared contributing a patch to a project while refusing to sign a CLA, to giving someone a plant for their garden, while attaching the condition that they couldn’t sell the house without your permission.
This got me thinking. Is a patch really like a gift?
If you’re contributing a one line patch to a big corpus of code, there’s a good argument that this is insufficient to grant you any kind of authority in the project.
But how about if you’re contributing a major feature? Surely you get some say in how your code evolves over time? And if you’re a company, contributing thousands of man-hours and dozens of features to the project, isn’t it reasonable that you get a say in all the decisions related to the project, including licensing decisions?
Let’s take the analogy of the gift of the plant & run with it.
If I offer you a potted plant, I have no reasonable expectations of you. I can’t even tell you where to plant it. It’s yours, the house is yours, my involvement is finished.
But let’s say we start a relationship, and it starts to get serious. I start to sleep over some nights, maybe leave a toothbrush in your bathroom. Do I now have some say about what happens in the house? Probably not about anything important, but you might solicit my opinion for any furniture purchases, it might be OK for me to tidy up once in a while.
Now, things get really serious, and I move in. It’s still your house, but surely I get a say now in everything. Of course, everything that was there before I arrived is yours, maybe you keep the game room just the way you want it. But we discuss and reach an agreement for everything from decorating decisions to which cable supplier we’re going to get. We’re building something shared. Sure, I moved into your house, but now it’s our home. If you decide to sell it, there’s not much I can do, but if you did it without talking to me, I’d be really pissed off. It would signal the end of our relationship, probably.
Let’s go one step further. We get married. We commit to sharing our lives. Surely I get a say in whether you sell the house now?
Unless when I offered you that plant on our first date, you asked me to sign an agreement, saying that what was yours was yours, and any future improvements we might make to the house together would be yours too, and of course I could not exercise a claim of ownership over the house.
You never know, I might sign it. I might even offer you a second plant for the house. If you date a lot, you might get a lot of plants. I don’t know if I’d spend money to help you renovate the kitchen, though.