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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 20:29:55 GMT
I understand, but sometimes when you want to give someone a starting point, 
it's handy!  :)

That said, there are truly authoritative sources that can give the full 
definitions and such, but sometimes they are less easily accessed than 
Wikipedia.

Thanks,
Cem Karan

> -----Original Message-----
> From: Thomas Olsen [mailto:thomasjamesforthought@gmail.com]
> Sent: Thursday, July 28, 2016 2:34 PM
> To: legal-discuss@apache.org
> Subject: Re: [Non-DoD Source] Re: US Army Research Laboratory Open Source 
> License (ARL OSL)
>
> 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> wrote:
> >
> > 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
> >>>
> >>>  TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
> >>>
> >>>  1. Definitions.
> >>>
> >>>     "License" shall mean the terms and conditions for use, reproduction,
> >>>     and distribution as defined by Sections 1 through 9 of this 
> >>> document.
> >>>
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> >>>     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,
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> >>>     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.
> >>>
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> >>>     including but not limited to software source code, documentation
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> >>>
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> >>>     transformation or translation of a Source form, including but
> >>>     not limited to compiled object code, generated documentation,
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> >>>
> >>>     "Work" shall mean the work of authorship, whether in Source or
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> >>>     the terms of any separate license agreement you may have executed
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> >>>     names, trademarks, service marks, or product names of the Licensor,
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> >>>  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.
> >>>
> >>>  END OF TERMS AND CONDITIONS
> >>>
> >>>  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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