www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "P. Taylor Goetz" <ptgo...@gmail.com>
Subject Re: [Non-DoD Source] US Army Research Laboratory Open Source License (ARL OSL)
Date Tue, 26 Jul 2016 20:58:55 GMT
Would anything on forge.mil help? I can’t really tell because I no longer have a DoD CAC
or PKI cert, but it might be worth looking there.


> On Jul 26, 2016, at 4:10 PM, Karan, Cem F CIV USARMY RDECOM ARL (US) <cem.f.karan.civ@mail.mil>
> 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.
> Thanks,
> 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.
>> 	      "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
>> 	       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.
>> 	"""

View raw message