[HN Gopher] EU Commission to open source software
___________________________________________________________________
 
EU Commission to open source software
 
Author : sofixa
Score  : 233 points
Date   : 2021-12-10 14:01 UTC (9 hours ago)
 
web link (ec.europa.eu)
w3m dump (ec.europa.eu)
 
| MayeulC wrote:
| > The Commission will make its software available as open source
| in one single repository
| 
| Let's hope this is not a git monorepo...
| 
| I wonder where they will release it? Github would be the easy
| choice. They could self-host a forge or just a web frontend,
| publish tarballs, etc.
| 
| An interesting choice would be to use SourceHut, which is now
| based in the Netherlands with ddevault. (edit: well, maybe it's
| still incorporated in Delaware).
 
  | tpush wrote:
  | A self-hosted Gitlab instance would make the most sense, IMO.
 
    | smarx007 wrote:
    | There a large popular Gitlab instance in Europe already but
    | ofc EC is free to host its own: https://framagit.org/
 
    | absove wrote:
    | The European institutions run the Atlassian suite internally
    | so if they self-host anything, which they most likely will,
    | it will be Bitbucket because that's what their IT is
    | experienced with.
 
    | rapnie wrote:
    | Existing Gitea instance for FOSS-only is a nice option.
    | Codeberg is hosted in Germany and contributes to the wholly
    | community-driven Gitea project: https://codeberg.org
 
    | MayeulC wrote:
    | Well, given the resource requirements to host GitLab and the
    | number of potential visitors, I think this is unlikely.
    | 
    | Moreover, I wouldn't be surprised if they just opened the
    | code, not the development process. And old, frozen projects
    | with no contributing directions are most likely what we'll
    | get at first.
    | 
    | However, hosting OSS code like this is a public service. It
    | would be nice to see the EU commission competing against
    | GitHub for Open Source hosting, but that's probably a pipe
    | dream for now.
    | 
    | The really promising part is what this will enable going
    | forward:
    | 
    | > The dissemination of software under an open source licence
    | will no longer require a Commission Decision.
    | 
    | > The Commission now allows its software developers to
    | contribute to open source projects with improvements that
    | they developed as part of their work.
    | 
    | So it might become at the team's discretion. The code will
    | probably end up being developed on GitHub or somewhere else,
    | with a mirror of sorts on the EU commission's "repository"
    | website.
 
      | jaywalk wrote:
      | > It would be nice to see the EU commission competing
      | against GitHub for Open Source hosting
      | 
      | Why would you want them to get into that? It doesn't seem
      | like it's something appropriate for a government to get
      | into.
 
        | zdkl wrote:
        | While 'competing' may not be a good word for it, there's
        | an argument to be made that _some_ software belongs in
        | the commons. This sort of signature /certificate
        | infrastructure is a good example. So why not have it
        | hosted by a public entity? Maybe entrust a couple large
        | libraries with operating and cross-mirroring
        | repositories?
 
  | la_fayette wrote:
  | Maybe they first start a 5 year project to create an apropriate
  | vcs infrastructre...
 
    | raffraffraff wrote:
    | On a mainframe
 
  | Turbots wrote:
  | European commission uses Bitbucket afaik, as well as the rest
  | of the Atlassian stack
 
| sofixa wrote:
| Sorry for the highly editorialised title, the original one is
| very bad and marketingy, and also far too long for HN.
 
| moffkalast wrote:
| "EU Commission not satisfied with paying its developers below
| market rate, but instead would like them to work for free"
 
  | dgb23 wrote:
  | That's a weird interpretation of what is being said here...
  | 
  | From the rules[0] that are mentioned in the article:
  | 
  | > On 21 October 2020, the Commission adopted a new strategy on
  | open source software1, encouraging the use of open source
  | software by the Commission, the Commission's contribution to
  | third-party open source projects and the sharing of Commission
  | software as open source. In that Communication, it was stated
  | that, wherever possible and appropriate, the Commission would
  | share the source code for any computer programs where it holds
  | the intellectual property rights on behalf of the Union.
  | 
  | But:
  | 
  | > This Decision should not create any obligation for Commission
  | services to share Commission software under an open source
  | licence nor any right for third parties to require Commission
  | software to be made available under an open source licence. The
  | Commission should remain free to decide whether to share
  | Commission software or to license it under a proprietary
  | licence.
  | 
  | [0] https://ec.europa.eu/transparency/documents-
  | register/detail?...
 
  | wahlis wrote:
  | Rather that the Commission does not want to pay consultancy
  | companies time and time again for the same code.
 
    | throwaway098456 wrote:
    | Oh, well, this is the opposite of how the European Commission
    | works:
    | 
    | Managers climb higher in the hierarchy and get salary
    | increase according to how high the budget they manage is.
    | 
    | There is therefore a consistent effort in all the units of
    | all the Directorate Generals to ask budget for new projects,
    | and find a plausible excuse about why an existing solution
    | cannot be used, and a new solution needs to be built from
    | scratch.
    | 
    | Then, once this is built, it is common practice to initiate a
    | new project to throw away the solution and re-do it from
    | scratch, again using an excuse reason like adapting to more
    | modern technology, or providing better performance.
    | 
    | P.S. The European Commission is composed of 33 Directorate
    | Generals (DGs), each of it responsible of a specific topic.
    | One Directorate General, called DIGIT, is in charge of
    | providing IT solutions to all the others. However, each
    | Directorate General has its own IT department (called
    | 'Unit'), developing solutions on its own, rather than using
    | what is commonly available at DIGIT, or already created in
    | other DGs' IT unit.
 
  | zoobab wrote:
  | Well, EU Commission hires indians via TCS or Infosys.
 
| diracistheproph wrote:
| Next step. Make sure EU Government paid contractors release
| source code per LGPL https://github.com/OpenSC/OpenSC/issues/2462
 
  | beebeepka wrote:
  | Someone almost made the Bulgarian government do that a few
  | years ago. I think it went nowhere though
 
    | diracistheproph wrote:
    | Hopefully there can be EU supported remedies for GPL
    | violations. It's kind of absurd. The Estonian eSignature
    | software (FOSS) could fairly easily automatically support
    | many countries eSig, IF the drivers are added to OpenSC ...
 
| streamofdigits wrote:
| This is fantastic news at two levels:
| 
| * the actual code that will be made public (in particular
| enabling all sorts of things to be built on top of the
| Commissions policy / legal know-how and rules)
| 
| * the signalling, encouragement and precedent that this provides
| to other public sector instances that may have been sitting on
| the fence, unsure or even oblivious to open source
 
  | disabled wrote:
  | Keep in mind that the open source projects being mentioned as
  | examples on this press release only tend to affect people
  | established as residents in the European Union.
  | 
  | For example, from the press release:
  | 
  | > " An example of the benefits of open sourcing is eSignature,
  | a set of free standards, tools and services that help public
  | administrations and businesses accelerate the creation and
  | verification of electronic signatures that are legally valid in
  | all EU Member States."
  | 
  | In order to use an eSignature, you need to have an eID
  | (electronic ID) card from an EU member state, which is placed
  | in a smart card reader. Some people in the EU do not have eID
  | cards yet. Yes, some countries have apps that allow you to use
  | an eSignature, but generally speaking, your eID is your best
  | bet. Typically, your eID provides the highest authentication
  | level, in terms of security, when dealing with EU or national
  | (country) level services.
 
    | detaro wrote:
    | > _In order to use an eSignature, you need to have an eID
    | (electronic ID) card from an EU member state. Some people in
    | the EU do not have them._
    | 
    | This is false. eIDs are a common way of doing it, since they
    | already have a process for verifying identity obviously and
    | are smartcards matching the required security level, but not
    | required, you can just get a generic matching smartcard
    | loaded with the cert.
 
      | sam_lowry_ wrote:
      | In practice, countries recognize only eID cards they
      | produced and signed themselves (well, ordered from Gemalto,
      | Giesecke and Devrient or IDEMIA).
      | 
      | Now, once the use of eID cards expands, all these use cases
      | will require software. So far, countries do on their own.
      | Belgium writes its own software, Estonia as well. The point
      | is that most of that software could be reused.
      | 
      | So far, only open source parts are reused, like opensc.
 
        | diracistheproph wrote:
        | The Estonian e-signature software is fairly well written,
        | open source and easily extensible to other countries
        | eIDs. Latvian and Lithuanian are already supported.
 
    | ufo wrote:
    | However, if there's part of the software that is useful
    | outside the EU, there would be the option of reusing just
    | that part.
 
| Proven wrote:
| > A second example is LEOS, (Legislation Editing Open Software),
| the software used across the Commission to draft legal texts.
| Originally written for the Commission, LEOS is now being
| developed in close collaboration with Germany, Spain and Greece.
| 
| Totally useless. We need less government-generated opressive
| legislative junk, not ways to make its production easier.
| 
| Governments doesn't make anything useful that can be useful to
| companies or citizens. Most of its services have no competition
| (or competition isn't allowed) and don't operate on sound
| economic principles, so there's little use for their software
| outside of government.
 
| kranke155 wrote:
| This is great. I've long thought that every line of code
| developed with govt. money should be open sourced, and that a
| country that got serious about this would likely get a lot more
| people interested in working for them.
 
| pier25 wrote:
| This is definitely a good move, but I was hoping the EU would
| also announce investment into current open source projects. Maybe
| a program for people to present their OS project and get funding.
 
  | hoffs wrote:
  | Pretty sure they already fund some open source projects
 
    | estaseuropano wrote:
    | EU also fundsled foss research and security audits, but no
    | idea whether that was one off or regular
    | 
    | https://joinup.ec.europa.eu/collection/open-source-
    | observato...
    | 
    | https://www.zdnet.com/article/eu-to-fund-bug-bounty-
    | programs...
    | 
    | And they fund lots of projects, SMEs, NGO work, etc
    | 
    | https://protonmail.com/blog/eu-funding/
    | 
    | https://www.ngi.eu/ngi-projects/ngi-zero/
    | 
    | And do lots of policy stuff in the space, e.g. annual policy
    | conference
    | 
    | https://opensource.com/article/21/3/linux-powers-internet
 
    | patrickmcnamara wrote:
    | The EU runs bug bounty programs for open-source software. But
    | I'm not sure if the EU directly funds open-source projects.
    | 
    | https://ec.europa.eu/info/news/eu-fossa-bug-bounties-full-
    | fo...
 
    | pier25 wrote:
    | Source?
 
| t2s wrote:
| They should also open source money.
 
  | Neputys wrote:
  | untypically nice comment
 
| armagon wrote:
| The article says "The recent Commission study on the impact of
| Open Source Software and Hardware on technological independence,
| competitiveness and innovation in the EU economy showed that
| investment in open source leads on average to four times higher
| returns. "
| 
| Four times higher returns ... compared to what?
| 
| It's like an advertisement that says our product contains 30%
| less fat. 30% less than what? Than other leading brands? Than
| your previous formulation (and if so, how do we know you didn't
| artificially increase the amount of fat in said formulation, so
| it'd be easy to reduce)?
 
  | zoobab wrote:
  | The author of the study, Knut Blind of Fraunhofer, is a hardent
  | proponent of software patents. If you read the study, you will
  | find those nonsense things related to patents:
  | 
  | "Table 5.16: Impact of OSS Commits on patents on computer-
  | implemented inventions (FE)"
  | 
  | "the number of national contributors to OSS has a positive
  | influence on the development of patents on CII as an innovation
  | indicator of the IT sector."
 
| phkahler wrote:
| Any idea what license(s) they'll use?
 
  | erk__ wrote:
  | A good guess would be EUPL which is written to work within the
  | european copyright framework
  | https://joinup.ec.europa.eu/collection/eupl/eupl-text-eupl-1...
  | 
  | It works much in the same way as AGPL
  | 
  | Edit:
  | 
  | As per decision https://ec.europa.eu/transparency/documents-
  | register/detail?...
  | 
  | > the open source licence granted by the Commission shall be
  | the EUPL, except in the
  | 
  | > cases listed in points (b) and (c);
 
    | tuukkah wrote:
    | > _It works much in the same way as AGPL_
    | 
    | Interesting. Is this because of how distribution is defined
    | to include " _any act of providing access to [the Work 's]
    | essential functionalities at the disposal of any other
    | natural or legal person_"?
 
      | erk__ wrote:
      | Yeah, I think the meat of it is how they define
      | distribution                 'Distribution' or
      | 'Communication': any act of selling, giving, lending,
      | renting, distributing, communicating, transmitting, or
      | otherwise making       available, online or offline, copies
      | of the Work or providing access to its       essential
      | functionalities at the disposal of any other natural or
      | legal       person.
 
    | j_san wrote:
    | > It works much in the same way as AGPL
    | 
    | I'm not 100% knowledgeable on the topic but wasn't the issue
    | with (A)GPL that even linking libraries in the runtime to
    | your project would mean that your project can't be
    | proprietary?
    | 
    | With EUPL this doesn't seem to be the case:
    | 
    | From https://joinup.ec.europa.eu/collection/eupl/news/eupl-
    | and-pr...
    | 
    | > This makes no obstacle for linking Code A with another
    | software component (Code B) that could be proprietary. There
    | is no kind of "viral effect" resulting from the EUPL licence,
    | in so far linking is done for interoperability. The portions
    | of Code A that are strictly necessary for interoperability
    | may be reproduced in Code B without copyright infringement.
    | The resulting "A-B solution", which could be commercial, will
    | include the two modules under their relevant licences. This
    | is resulting from interpreting European law and case law[1].
 
      | MayeulC wrote:
      | So EUPL is to AGPL what LGPL is to GPL?
      | 
      | To paraphrase, EUPL would be the LGPL of AGPL? LGPL where
      | "distribution" also means "distributing the output trough a
      | webpage".
      | 
      | One of the major advantages of LGPL is that users can link
      | their own modified libraries, so that analogy doesn't hold
      | all the way, but linking is permitted and non-viral.
 
    | ksec wrote:
    | >It works much in the same way as AGPL
    | 
    | Interesting why dont current AGPL product adopt EUPL?
 
    | jcranmer wrote:
    | Scanning the EUPL quickly, it seems to me that it's actually
    | much closer to weak copyleft (EPL/MPL/LGPL-like), especially
    | because one of the clauses actually lets you distribute the
    | work solely under the terms of those licenses.
 
      | erk__ wrote:
      | Yeah the sibling comment by j_san is likely more correct
      | than what I wrote above
 
      | badsectoracula wrote:
      | There is the possibility that GPL's viral nature is not
      | actually fully possible in EU and EUPL is "the most" you
      | can get copyleft-wise there. There are two articles about
      | it on the EC's site:
      | 
      | https://joinup.ec.europa.eu/collection/eupl/news/why-
      | viral-l...
      | 
      | === (relevant snippet)
      | 
      | As a conclusion, it looks that in most cases, linking two
      | programs or linking an existing software with your own work
      | does not - at least in Europe - produce a derivative or
      | extends the coverage of the linked software licence to your
      | own work.
      | 
      | Such interfacing or linking escapes to the copyleft
      | provision of any licence, open source (like the GPL) or
      | proprietary. The technical way of linking for
      | interoperability (static or dynamic, permanent or temporary
      | reproduction of the needed code) should not make any
      | difference.
      | 
      | Because of this, and in so far linking (even statically) is
      | done for interoperability, does not prejudices the
      | legitimate interests of the rightholder and does not
      | conflict with a normal exploitation of the covered program,
      | it seems that the differentiation between strong and weak
      | copyleft has few legal reality. In applying all relevant
      | licences, the copyleft effect should target the copies and
      | real derivative works, where a significant portion of the
      | functional covered code has been copied, modified, extended
      | etc. At the contrary and in most cases, it seems that in
      | European law the fact of linking two programs and the
      | technology used for it does not by itself produce a
      | derivative work: viral licensing is just a ghost. It does
      | not exist.
      | 
      | ===
      | 
      | This article (from the same author) also goes into virality
      | in EU:
      | 
      | https://joinup.ec.europa.eu/collection/eupl/news/copyleft-
      | or...
      | 
      | === (relevant snippets)
      | 
      | Although often highlighted by some free software lawyers,
      | this notion of "strong copyleft" has never been recognized
      | by case law. On 2 May 2012, the Court of Justice of the
      | European Union ruled that a software licence cannot
      | prohibit the legitimate licensee from reproducing the
      | portions of covered code (for example, the APIs or data
      | structures) that are necessary for interoperability and for
      | linking the covered work with others that could be licensed
      | differently. This was ruled in application of the Directive
      | 91/250 EEC on the legal protection of computer programs.
      | 
      | [...]
      | 
      | At the contrary and in all cases, it seems that in European
      | law the fact of linking two programs and the technology
      | used for it (i.e. dynamic or static) does not by itself
      | produce a derivative work. This is the reason why it was
      | considered that adding copyleft licences like the LGPL or
      | the MPL to the EUPL compatibility list was not more
      | problematic than adding the GPLv3 or the AGPL.
      | 
      | ===
      | 
      | It should be noted, however, that this hasn't been
      | explicitly tested in court with open source software (the
      | software case mentioned in the second article was between
      | proprietary software developers).
      | 
      | Also in practice most projects aren't released in just the
      | EU so the GPL's strong copyleft still holds true in US, for
      | example, even for work done in the EU. But this isn't a
      | concern for the European Commission since the EUPL was made
      | for EU use.
 
| Zigurd wrote:
| This should be the norm for software developed as work for hire
| for all kinds of governments, everywhere, if only for the reason
| that it would save a lot of redundant development of software
| used by governments. There are obvious exceptions for weapons
| technology. But the presumption should be that governments must
| look to existing open source software before they contract for
| software development, and they should contribute newly developed
| software to the pool.
 
  | sofixa wrote:
  | Absolutely agreed. Public money, public code. So much software
  | can be shared between various governments it's not even funny
  | how much money was wasted on useless huge vendors like
  | Accenture and IBM.
 
    | zoobab wrote:
    | 5M EUR wasted on an open source editor for writing
    | legislation:
    | 
    | https://ec.europa.eu/isa2/actions/open-source-software-
    | editi...
    | 
    | Git and Markdown would do a better job, XML is insane.
 
      | samsonradu wrote:
      | XML is not insane, actually it's an open standard for
      | writing legal documents:
      | https://en.m.wikipedia.org/wiki/Akoma_Ntoso
      | 
      | Legal text is not prose, it does have structure and
      | metadata attached to it.
 
    | MayeulC wrote:
    | > Public money, public code.
    | 
    | That's the slogan of https://publiccode.eu
 
    | lmeyerov wrote:
    | I like the sentiment, but have struggled on mechanism.
    | Basically, we need to incentivize creating & running good OSS
    | projects: the more direct the incentives, the harder for non-
    | maintainers to game the system.
    | 
    | I suspect the current proposal tilts the bias even further to
    | consulting companies who explicitly rather compete on butts
    | in seats writing code vs OSS product teams wanting to build
    | quality code that minimizes servicing needs. On any
    | individual contract, the product team would be more expensive
    | and thus less competitive, and no longer have a proprietary
    | advantage built up over time to defend against that: the
    | services team can hack the same code.
    | 
    | My observation is 100% as a product person who sees these
    | bids go out and contractors take either most or all of a
    | contract because of this dilemma. If we open sourced even
    | more, we'd get even less interest, despite writing measurably
    | better code.
    | 
    | Instead, I've been thinking something like "X% budget / yr
    | should be grants to SMB OSS project maintainers" based on a
    | few flavors (gov use, commercial use, ...). Incentivize
    | creating popularly used OSS, vs more services. Like take the
    | SBIR budget and make a 20% match to SMB OSS. Maybe a DAO
    | that'd actually help :)
 
  | mdp2021 wrote:
  | The workflow is not trivial though: (assuming the relevant
  | systems are critical) you must also have a number of security
  | experts monitoring the code full time, delaying the in-
  | production stage accordingly...
  | 
  | Interestingly, the fault tolerance is increased, as less care
  | from some project beneficiaries will be compensated by the
  | extra care of others (instead of the former being just
  | liabilities).
 
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