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From "Karan, Cem F CIV USARMY RDECOM ARL (US)" <cem.f.karan....@mail.mil>
Subject RE: [Non-DoD Source] Re: US Army Research Laboratory Open Source License (ARL OSL)
Date Tue, 26 Jul 2016 20:10:58 GMT
I haven't asked about the GOSS board, but I am in email contact with Daniel 
Risacher who is in the DoD CIO's office.  I haven't spoken with him directly 
about this, but another person I'm working with has (Sean Morrison, in case 
you know him).  From what I understand, there is policy for purchasing or 
using open source projects, but nothing that explicitly deals with making open 
source a day-to-day business practice.

Do you still have any other contacts within the office?  I'm reaching out in 
every way I can think of to anyone I can find, but cold calling is less 
effective than direct introductions.

Cem Karan

> -----Original Message-----
> From: Matt Franklin [mailto:m.ben.franklin@gmail.com]
> Sent: Tuesday, July 26, 2016 2:57 PM
> To: 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.
> ________________________________
> In a past work life, I collaborated with the DoD CIO's office.  At the time 
> (2012), they had put together the Government Open Source
> Software (GOSS) board.  Have you looked into what they have in terms of 
> licensing policy?  I know things like OWF were released under an
> Apache license; but, I believe they have discussed many of your issues and 
> might already have something that would work for you.
> On Tue, Jul 26, 2016 at 1:17 PM Karan, Cem F CIV USARMY RDECOM ARL (US) 
> <cem.f.karan.civ@mail.mil < Caution-
> mailto: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 < 
> 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/ < 
> 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 < 
> 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 < 
> 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 < 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 < 
> Caution-http://no/URL/as/yet >
> 	   1. Definitions.
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> 	      the terms of any separate license agreement you may have executed
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> 	      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
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> 	   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,
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> 	      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 < 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.
> 	"""

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