User Data

The data generated by users interacting with a digital service has a high potential value. This value can be provided directly, especially if the main purpose of the software is to make information provided by its users available[^16]. To this direct value can also be added the value of network effects when the software connects several users. Its worth, then, comes as much - or even more - from the community it has already consolidated than from its algorithmic essence[^17] [Verdier]. To ensure that there is no re-appropriation, it is therefore fundamental that this value, which may be greater than that of the code, is not held by a single stakeholder [Maurel].

Publication

The idea is to set up the network of data constituted by the interactions of users as a common good in its own right, given that the value that can be extracted from it is greater than the sum of the values that can be extracted from each of the individual points. At the same time, it is important to respect the right of the individual to control their personal data [Bellanger].

A minimum constraint is that the exploited data must be made available under a license that allows re-use.

Operational recommendation: export regularly (and at least weekly) to data.gouv.fr the database of the service, while making it impossible to re-identify its users[^18], under Open License 2.

Copyleft Clause

The reusability of these data is sufficient to guarantee the status of digital common to software that collects them. Nevertheless, re-appropriation becomes possible if an ill-intentioned operator makes them available in a poorly readable format and keeps the exclusive right to use an analysis chain to extract value from them.

Furthermore, those who contribute to a service may be discouraged from participating if they feel that their contributions can be reused by proprietary stakeholders without compensation. Indeed, the choice to contribute to a commons is often a form of activism.

In the case of contributive services, the license under which the data produced by users is made available includes a copyleft clause.

Operational recommendation: in the previous recommendation, use an ODbL license instead of an Open License.

[^16]: For example, a social network like diaspora* or Facebook, or a collaborative resource like wikitravel.org.

[^17]: Again, social network, but also linking services like TrustRoots or AirBnB.

[^18]: Many techniques are applicable depending on the type of data handled: anonymisation, pseudonymisation, differential privacy…