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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 Thu, 28 Jul 2016 13:31:49 GMT
Ted: my comments are inline below.

Roy: I owe you an email for your earlier email, but I want to work with the 
ARL lawyers to make sure I'm getting everything 100% correct.

> -----Original Message-----
> From: Ted Dunning [mailto:ted.dunning@gmail.com]
> Sent: Wednesday, July 27, 2016 3:10 PM
> To: legal-discuss@apache.org
> Cc: Roy T. Fielding <fielding@gbiv.com>
> Subject: Re: [Non-DoD Source] Re: US Army Research Laboratory Open Source 
> License (ARL OSL)
> On Wed, Jul 27, 2016 at 11:58 AM, Karan, Cem F CIV USARMY RDECOM ARL (US) 
> <cem.f.karan.civ@mail.mil < Caution-
> mailto:cem.f.karan.civ@mail.mil > > wrote:
> 	The Apache 2.0 license doesn't have that, so what
> 	happens if the license is found to not cover the uncopyrighted portions?
> Severability refers to the portions of a license or contract, not to 
> portions of the subject matter such as source code.

Correct.  So if a smart lawyer points out that portions of the Apache 2.0 
license don't apply, can he or she then argue that none of it applies?

> In any case, those portions that are not subject to copyright are already in 
> the public domain. That means that there are no restrictions on
> their use, including the incorporation into other works that might have a 
> copyright attached.
> As such the disclaimer that was suggested by Roy deals with that situation. 
> My read on his disclaimer is that it does not need to be
> incorporated into the license itself, but can be included in a Notice or 
> similar file to clarify the origin of the code.
> If that is acceptable, then you can accept the Apache License as-is.

I saw Roy's email, and I have what I think are valid reasons for why a simple 
disclaimer is not enough.  However, I'm not a lawyer, so I'm running my 
thoughts past our legal department so I can get the entire answer 100% 
correct.  That particular email is going to be quite lengthy.  I'm hoping the 
legal department will answer all my questions by sometime this afternoon, so I 
can get a good answer out to everyone.

Cem Karan

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