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From Thomas Olsen <thomasjamesforthou...@gmail.com>
Subject Re: [Non-DoD Source] Re: US Army Research Laboratory Open Source License (ARL OSL)
Date Thu, 28 Jul 2016 18:33:31 GMT
Never cite wik...The edit process flawed..sorry to disturb.

T. Olsen

> On Jul 27, 2016, at 2:58 PM, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan.civ@mail.mil>
> I see your point, and your clause is a really good one, but the problems of 
> liability, etc. still need to be covered for the portions of the code that are 
> not protected by copyright.  As I understand it (I am not a lawyer, so I may 
> be getting this wrong), a license is a contract that pertains to intellectual 
> property (e.g., copyright) and contracts always have clauses.  Some contracts 
> put in a severability clause (https://en.wikipedia.org/wiki/Severability) to 
> ensure that as much of the contract survives as possible should any part be 
> found unenforceable.  The Apache 2.0 license doesn't have that, so what 
> happens if the license is found to not cover the uncopyrighted portions?  Does 
> that open up the government to liability claims?  What about other claims that 
> the Apache license would protect against if it were in force?  We need a 
> contract that works for all portions of the code, whether or not there is a 
> copyright. We can impose copyright like restrictions by contract even though 
> there might not be a copyright.
> All that said, with your permission, I'd like to incorporate your clause into 
> the license; it will make it a stronger one.  I've attached the new license 
> file for everyone's review; the only change I've made is adding in clause 10.
> Thanks,
> Cem Karan
>> -----Original Message-----
>> From: Roy T. Fielding [mailto:fielding@gbiv.com]
>> Sent: Tuesday, July 26, 2016 7:23 PM
>> To: Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan.civ@mail.mil>
>> Cc: ASF Legal Discuss <legal-discuss@apache.org>
>> Subject: [Non-DoD Source] Re: US Army Research Laboratory Open Source 
>> License (ARL OSL)
>> All active links contained in this email were disabled.  Please verify the 
>> identity of the sender, and confirm the authenticity of all links
>> contained within the message prior to copying and pasting the address to a 
>> Web browser.
>> ----
>> 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.
>> Cheers,
>> Roy T. Fielding                     <Caution-http://roy.gbiv.com/>
>> Senior Principal Scientist, Adobe   <Caution-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> wrote:
>>> 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
>>> Caution-http://www.apache.org/licenses/LICENSE-2.0.txt. We also want
>>> our license to be fully accepted by OSI (Caution-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 (Caution-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
>>> Caution-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 
>>> Caution-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
>>>                       Caution-http://no/URL/as/yet
>>>  1. Definitions.
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>>>     You may add Your own copyright statement to Your modifications and
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>>>     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
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>>>  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
>>>      Caution-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>
> <License.txt>

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