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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: US Army Research Laboratory Open Source License (ARL OSL)
Date Tue, 26 Jul 2016 23:22:39 GMT
Hi Cem,

There seems to be quite a bit of confusion here.  By definition, the work is
subject to copyright or in the public domain, or potentially composed
of parts that are copyright and parts that are public domain.  Tossing
contracts in the mix is not going to help anyone -- calling a license to copy
a "contract" doesn't make it any less illegal for the government to restrict
copying under that contract.

The measure of copyright isn't whether an entity can license the work, but
whether an entity can claim permission is necessary to copy the work.
In other words, the fact that the US Government cannot claim copyright
on its own work does not prevent the government from using the Apache License
as a supplement to public domain. What the government cannot do is say
that its work is not in the public domain, place its own copyright notice,
or attempt to restrict copying (aside what is allowed for secret stuff).

Hence, the only changes you need are how the license is being applied to
the work.  You just need to say:

   All or part of this work is in the public domain and not subject to
   copyright.  If any part of this work is deemed copyrightable, now or
   in the future, its Contributors have agreed that such copyrightable parts
   may be distributed under the Apache License 2.0 <link>.  Likewise, all
   Contributors have agreed that the Apache License's grant of patent license
   shall apply to each of their Contributions.

and then ensure that all contributors agree to that.  There is no need
for a new license.


Roy T. Fielding                     <http://roy.gbiv.com/>
Senior Principal Scientist, Adobe   <http://www.adobe.com/>

> On Jul 26, 2016, at 10:17 AM, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan.civ@mail.mil>
> Hi, my name is Cem Karan.  I work for the US Army Research Laboratory (ARL) in 
> Adelphi, MD.  I'm in charge of defining the Open Source policy for ARL.  As a 
> part of this, we need a license that meets our legal and regulatory needs, but 
> is ideally fully interchangeable with the Apache 2 license as defined at 
> http://www.apache.org/licenses/LICENSE-2.0.txt. We also want our license to be 
> fully accepted by OSI (https://opensource.org/) as a valid Open Source 
> license.
> Unfortunately, we cannot directly use the Apache 2 license for all of our 
> code.  Most of our researchers work for the US Federal Government and under US 
> copyright law any works they produce during the course of their duties do not 
> have copyright attached, so we have to rely on contract law as a protection 
> mechanism within the USA.  We considered using NOSA 1.3 
> (https://opensource.org/licenses/NASA-1.3), but apparently that it isn't 
> interoperable with other Open Source licenses.  As I understand it, some work 
> on the NOSA 2.0 license was done to improve interoperability, but that work is 
> currently stalled.
> For that reason, we've tried to modify the Apache 2.0 license to fit our 
> needs.  Our license, the ARL Open Source License (ARL OSL), is listed in full 
> below and can be diffed with license text found at 
> http://www.apache.org/licenses/LICENSE-2.0.txt with relative ease; the text 
> has also been attached to this email in case my mail client scrambles the 
> formatting.
> So, my questions regarding the license are as follows:
> - Are there any conflicts in the terms of the ARL OSL and the Apache 2.0 
> license?  If so, what are they, and what are the possible fixes for them?  If 
> not, could/would the license be listed as a 'category-a' license like the 
> licenses found at http://www.apache.org/legal/resolved.html#category-a?
> - If there are conflicts, are they directional?  That is, can code under the 
> ARL OSL flow to projects under the Apache 2.0 license, but not vice-versa?  If 
> so, how do we fix our license?
> In my ideal world, where there is copyright protection, the ARL OSL would be 
> legally identical to the Apache 2.0 license.  Where there is no copyright 
> protection it would fall back on contract law, without preventing the 
> copyrightable parts from using copyright protection.  I'm not sure if this is 
> possible, but I'm hoping the smart people on this list will help me get as 
> close to that ideal as possible.
> The summary of changes between the ARL OSL and Apache 2.0 license are as 
> follows:
> 1) Changed the name and version number.
> 2) Changed the definition of 'Licensor' to use 'project originator' instead of 
> 'copyright owner'.
> 3) Changed the definition of 'Work' to not use the word 'copyright'.
> 4) Changed the definition of 'Contributor' to use 'author' instead of 
> 'copyright owner'.
> 5) Removed the word 'copyright' from the Appendix's instructions.
> 6) In the notice, removed the word 'Copyright'.
> 7) In the notice, changed 'copyright owner' to Licensor.
> 8) Scrambled the URL as we don't have one yet.
> Thank you,
> Cem Karan
> """
>         U.S. Army Research Laboratory Open Source License (ARL OSL)
>                       Version 0.2.1, July 2016
>                        http://no/URL/as/yet
>   1. Definitions.
>      "License" shall mean the terms and conditions for use, reproduction,
>      and distribution as defined by Sections 1 through 9 of this document.
>      "Licensor" shall mean the project originator or entity authorized by
>      the project originator that is granting the License.
>      "Legal Entity" shall mean the union of the acting entity and all
>      other entities that control, are controlled by, or are under common
>      control with that entity. For the purposes of this definition,
>      "control" means (i) the power, direct or indirect, to cause the
>      direction or management of such entity, whether by contract or
>      otherwise, or (ii) ownership of fifty percent (50%) or more of the
>      outstanding shares, or (iii) beneficial ownership of such entity.
>      "You" (or "Your") shall mean an individual or Legal Entity
>      exercising permissions granted by this License.
>      "Source" form shall mean the preferred form for making modifications,
>      including but not limited to software source code, documentation
>      source, and configuration files.
>      "Object" form shall mean any form resulting from mechanical
>      transformation or translation of a Source form, including but
>      not limited to compiled object code, generated documentation,
>      and conversions to other media types.
>      "Work" shall mean the work of authorship, whether in Source or
>      Object form, made available under the License, as indicated by a
>      notice that is included in or attached to the work
>      (an example is provided in the Appendix below).
>      "Derivative Works" shall mean any work, whether in Source or Object
>      form, that is based on (or derived from) the Work and for which the
>      editorial revisions, annotations, elaborations, or other modifications
>      represent, as a whole, an original work of authorship. For the purposes
>      of this License, Derivative Works shall not include works that remain
>      separable from, or merely link (or bind by name) to the interfaces of,
>      the Work and Derivative Works thereof.
>      "Contribution" shall mean any work of authorship, including
>      the original version of the Work and any modifications or additions
>      to that Work or Derivative Works thereof, that is intentionally
>      submitted to Licensor for inclusion in the Work by the author
>      or by an individual or Legal Entity authorized to submit on behalf of
>      the author. For the purposes of this definition, "submitted"
>      means any form of electronic, verbal, or written communication sent
>      to the Licensor or its representatives, including but not limited to
>      communication on electronic mailing lists, source code control systems,
>      and issue tracking systems that are managed by, or on behalf of, the
>      Licensor for the purpose of discussing and improving the Work, but
>      excluding communication that is conspicuously marked or otherwise
>      designated in writing by the author as "Not a Contribution."
>      "Contributor" shall mean Licensor and any individual or Legal Entity
>      on behalf of whom a Contribution has been received by Licensor and
>      subsequently incorporated within the Work.
>   2. Grant of Copyright License. Subject to the terms and conditions of
>      this License, each Contributor hereby grants to You a perpetual,
>      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>      copyright license to reproduce, prepare Derivative Works of,
>      publicly display, publicly perform, sublicense, and distribute the
>      Work and such Derivative Works in Source or Object form.
>   3. Grant of Patent License. Subject to the terms and conditions of
>      this License, each Contributor hereby grants to You a perpetual,
>      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>      (except as stated in this section) patent license to make, have made,
>      use, offer to sell, sell, import, and otherwise transfer the Work,
>      where such license applies only to those patent claims licensable
>      by such Contributor that are necessarily infringed by their
>      Contribution(s) alone or by combination of their Contribution(s)
>      with the Work to which such Contribution(s) was submitted. If You
>      institute patent litigation against any entity (including a
>      cross-claim or counterclaim in a lawsuit) alleging that the Work
>      or a Contribution incorporated within the Work constitutes direct
>      or contributory patent infringement, then any patent licenses
>      granted to You under this License for that Work shall terminate
>      as of the date such litigation is filed.
>   4. Redistribution. You may reproduce and distribute copies of the
>      Work or Derivative Works thereof in any medium, with or without
>      modifications, and in Source or Object form, provided that You
>      meet the following conditions:
>      (a) You must give any other recipients of the Work or
>          Derivative Works a copy of this License; and
>      (b) You must cause any modified files to carry prominent notices
>          stating that You changed the files; and
>      (c) You must retain, in the Source form of any Derivative Works
>          that You distribute, all copyright, patent, trademark, and
>          attribution notices from the Source form of the Work,
>          excluding those notices that do not pertain to any part of
>          the Derivative Works; and
>      (d) If the Work includes a "NOTICE" text file as part of its
>          distribution, then any Derivative Works that You distribute must
>          include a readable copy of the attribution notices contained
>          within such NOTICE file, excluding those notices that do not
>          pertain to any part of the Derivative Works, in at least one
>          of the following places: within a NOTICE text file distributed
>          as part of the Derivative Works; within the Source form or
>          documentation, if provided along with the Derivative Works; or,
>          within a display generated by the Derivative Works, if and
>          wherever such third-party notices normally appear. The contents
>          of the NOTICE file are for informational purposes only and
>          do not modify the License. You may add Your own attribution
>          notices within Derivative Works that You distribute, alongside
>          or as an addendum to the NOTICE text from the Work, provided
>          that such additional attribution notices cannot be construed
>          as modifying the License.
>      You may add Your own copyright statement to Your modifications and
>      may provide additional or different license terms and conditions
>      for use, reproduction, or distribution of Your modifications, or
>      for any such Derivative Works as a whole, provided Your use,
>      reproduction, and distribution of the Work otherwise complies with
>      the conditions stated in this License.
>   5. Submission of Contributions. Unless You explicitly state otherwise,
>      any Contribution intentionally submitted for inclusion in the Work
>      by You to the Licensor shall be under the terms and conditions of
>      this License, without any additional terms or conditions.
>      Notwithstanding the above, nothing herein shall supersede or modify
>      the terms of any separate license agreement you may have executed
>      with Licensor regarding such Contributions.
>   6. Trademarks. This License does not grant permission to use the trade
>      names, trademarks, service marks, or product names of the Licensor,
>      except as required for reasonable and customary use in describing the
>      origin of the Work and reproducing the content of the NOTICE file.
>   7. Disclaimer of Warranty. Unless required by applicable law or
>      agreed to in writing, Licensor provides the Work (and each
>      Contributor provides its Contributions) on an "AS IS" BASIS,
>      implied, including, without limitation, any warranties or conditions
>      PARTICULAR PURPOSE. You are solely responsible for determining the
>      appropriateness of using or redistributing the Work and assume any
>      risks associated with Your exercise of permissions under this License.
>   8. Limitation of Liability. In no event and under no legal theory,
>      whether in tort (including negligence), contract, or otherwise,
>      unless required by applicable law (such as deliberate and grossly
>      negligent acts) or agreed to in writing, shall any Contributor be
>      liable to You for damages, including any direct, indirect, special,
>      incidental, or consequential damages of any character arising as a
>      result of this License or out of the use or inability to use the
>      Work (including but not limited to damages for loss of goodwill,
>      work stoppage, computer failure or malfunction, or any and all
>      other commercial damages or losses), even if such Contributor
>      has been advised of the possibility of such damages.
>   9. Accepting Warranty or Additional Liability. While redistributing
>      the Work or Derivative Works thereof, You may choose to offer,
>      and charge a fee for, acceptance of support, warranty, indemnity,
>      or other liability obligations and/or rights consistent with this
>      License. However, in accepting such obligations, You may act only
>      on Your own behalf and on Your sole responsibility, not on behalf
>      of any other Contributor, and only if You agree to indemnify,
>      defend, and hold each Contributor harmless for any liability
>      incurred by, or claims asserted against, such Contributor by reason
>      of your accepting any such warranty or additional liability.
>   APPENDIX: How to apply the U.S. Army Research Laboratory Open Source 
> License (ARL OSL) to your work.
>      To apply the ARL OSL to your work, attach the following
>      boilerplate notice, with the fields enclosed by brackets "[]"
>      replaced with your own identifying information. (Don't include
>      the brackets!)  The text should be enclosed in the appropriate
>      comment syntax for the file format. We also recommend that a
>      file or class name and description of purpose be included on the
>      same "printed page" as the notice for easier
>      identification within third-party archives.
>   [yyyy] [name of Licensor]
>   Licensed under the the U.S. Army Research Laboratory Open Source License 
> (ARL OSL), Version 0.2.1 (the "License");
>   you may not use this file except in compliance with the License.
>   You may obtain a copy of the License at
>       http://no/URL/as/yet
>   Unless required by applicable law or agreed to in writing, software
>   distributed under the License is distributed on an "AS IS" BASIS,
>   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
>   See the License for the specific language governing permissions and
>   limitations under the License.
> """
> <License.txt>

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