Question for NC network members' and State Open Records' laws

#1

Does NC’s State Open Records’ law have any specific clause in it in regards to whether government-produced software is considered in the public domain?

Some states do. Others not so sure about. If it’s a vendor product, of course, that wouldn’t count.

I ask because NC’s Flood Inundation Mapping and Alert Network built by the NC Floodplain Mapping Program is a super stunning and innovative tool that, according to our Emergency Management Authority, is the envy of other EMS’ across the country right now.

If it’s possible to request the source code via public records, we’d totally want in on that. But I’m not sure about the law surrounding software code and public records in NC.

Anybody?

@jhibbets @JBStephens @LauraB @jillzey @AndrewNatoli

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#2

Carl - not sure. Will check with a colleague who I think will know - https://www.sog.unc.edu/about/faculty-and-staff/shannon-h-tufts

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#3

Hey there! Did you get a chance to check with Shannon? I can shoot her an email if that’s easier. LMK. Thanks, @JBStephens!

#4

Sorry Carl - thanks for the reminder. Will check now.

#5

Carl - summary of the exchange with my two expert colleagues - Shannon, Frayda, then Shannon adds.

Original question: Does NC’s State Open Records’ law have any specific clause in it in regards to whether government-produced software is considered in the public domain?

Tufts, Shannon H <tufts@sog.unc.edu>

John,

Per this exception in GS 132 (g) “Public Agency Proprietary Computer Code. - Proprietary computer code written by and for use by an agency of North Carolina government or its subdivisions is not a public record as defined in G.S. 132-1”, I would assume it is protected and not a public record.

Bluestein, Frayda S <bluestein@sog.unc.edu> wrote:
Thanks for responding Shannon. If they’re willing to pay, I see no reason that they can’t ask to contract to acquire it for their own use. It’s not public but that doesn’t mean they can’t negotiate for others to acquire it subject to conditions that they won’t share it with anyone else.

Tufts, Shannon H <tufts@sog.unc.edu>
I totally agree. There is precedent for similar contracts for other software programs so I’m sure they can monetize it.

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#6

@JBStephens!

Thank you, kind sir. Unfortunately, our fellowship fell through because of local funding shortfalls,but I will pass this along to the Ga Tech team we were collaborating with.

Carl