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From "Karan, Cem F CIV USARMY RDECOM ARL (US)" <cem.f.karan....@mail.mil>
Subject RE: [License-discuss] [Non-DoD Source] Re: US Army Research Laboratory Open Source License proposal
Date Thu, 18 Aug 2016 20:23:48 GMT
> -----Original Message-----
> From: Wheeler, David A [mailto:dwheeler@ida.org]
> Sent: Thursday, August 18, 2016 2:52 PM
> To: legal-discuss@apache.org
> Cc: Karl Fogel <kfogel@red-bean.com>; Lawrence Rosen <lrosen@rosenlaw.com>;

> license-discuss@opensource.org
> Subject: RE: [License-discuss] [Non-DoD Source] Re: US Army Research 
> Laboratory Open Source License proposal
> William A Rowe Jr [Caution-mailto:wrowe@rowe-clan.net]:
> > Unsure how this news might apply but it sounds like changes in overall 
> > policy might gain some traction to address this... If OMB came up
> with the rational of either approving AL 2.0 as is, or made a compelling 
> case for AL 2.1 clarifications.
> Caution-https://techcrunch.com/2016/08/08/the-white-house-just-released-the-federal-source-code-policy-to-help-government-agencies-
> go-open-source/
> The detailed policy is here:
> Caution-https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m_16_21.pdf
> That new US federal government policy doesn't directly apply to many of 
> Cem's cases.  The policy doesn't apply to National Security
> Systems (NSS), and I expect that a lot of what the Army research labs do 
> would be classified as NSS.  The policy certainly presses for the
> release of open source software in general; it requires that a minimum of 
> 20% of custom-developed code be released as OSS in each year
> for 3 years.  It does note (in its definitions) that "custom developed code" 
> includes software developed by government officials as part of
> their official duties.  The policy itself does not delve into this kind of 
> legal analysis.

The current lack of legal analysis is the problem.  If they had complete 
analysis and full guidance about the license, we wouldn't be here at all!

Cem Karan

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