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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: ICLA US Government
Date Fri, 21 Mar 2014 20:11:22 GMT
On Mar 21, 2014, at 12:05 PM, Evan Ward wrote:

> Sorry for the slow reply. I've asked our legal department to reconsider
> the ICLA in light of our discussion here.
> 
> Unfortunately nothing has changed. We still believe that I can't grant a
> copyright license to a public domain work.

You aren't doing so in the iCLA.  As has been stated repeatedly,
you (or your lawyer) misread the clause.  Repeatedly telling us
that your lawyer has an opinion that is both factually wrong (government
does have copyright outside the US) and effectively wrong (you are not
granting a license when you contribute a public domain work if you
tell us that work was created for the public domain) does not help.

The fact that you are the person who created the software is only
relevant for proper attribution of the author.  It does not imply
that you are the copyright owner.

A work for hire is owned by the hiring party. That party has to be
the one who licenses the work.  As a committer of some other party's
contributions (even those you create), your obligation is to obtain
permission from the copyright owner (by any means) and tell us what,
if any, constraints are placed on the licensing of what is being
committed.  If you tell us the work is public domain, then you are
not licensing the work to us -- you are just telling us there are
no constraints on our licensing.  The government already defines that
by law.

This is the same case that applies any time one of our committers
chooses to commit third-party code from some other open source or
public domain project.  It happens all the time.  You just have to
tell us when the commit is made.

If you need to bark this up the chain of command, then I suggest
you contact Daniel Risacher in the DoD CIO.

....Roy


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