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From "Karan, Cem F CIV USARMY RDECOM ARL (US)" <cem.f.karan....@mail.mil>
Subject RE: [Non-DoD Source] Suggested license mod or FAQ
Date Fri, 06 Jan 2017 18:52:05 GMT
A little late, but... https://issues.apache.org/jira/browse/LEGAL-283

Thanks,
Cem Karan

> -----Original Message-----
> From: shaposhnik@gmail.com [mailto:shaposhnik@gmail.com] On Behalf Of Roman 
> Shaposhnik
> Sent: Tuesday, January 03, 2017 7:18 PM
> To: legal-discuss@apache.org; Karan, Cem F CIV USARMY RDECOM ARL (US) 
> <cem.f.karan.civ@mail.mil>
> Subject: Re: [Non-DoD Source] Suggested license mod or FAQ
>
> All active links contained in this email were disabled.  Please verify the 
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>
>
>
>
> ----
>
> Cem,
>
> I think you're bringing up a very good point and I'd hate to see it lost.
> Any chance you can file a LEGAL JIRA and capture the context you provided?
>     Caution-https://issues.apache.org/jira/browse/LEGAL
>
> Filing a LEGAL JIRA is the most effective way to put this on ASF's VP Legal 
> radar.
>
> Thanks,
> Roman.
>
>
> On Tue, Jan 3, 2017 at 5:34 AM, Karan, Cem F CIV USARMY RDECOM ARL
> (US) <cem.f.karan.civ@mail.mil> wrote:
> >> -----Original Message-----
> >> From: Christopher [Caution-mailto:ctubbsii@apache.org]
> >> Sent: Wednesday, December 21, 2016 5:15 PM
> >> To: legal-discuss@apache.org
> >> Subject: [Non-DoD Source] Suggested license mod or FAQ
> >>
> >> Hi all,
> >>
> >> The following is just something I was thinking about recently
> >> watching all the activity around the U.S. Government and open source.
> >> (see code.gov < Caution-Caution-http://code.gov >  and related GitHub
> >> activities)
> >>
> >> There still seem to be a lot of questions about how open source
> >> licenses pertain to Federal Employees coding on behalf of government,
> >> and domestic copyright.
> >>
> >> For comparison, the Fedora Project Contributor Agreement seems to
> >> have a very useful note in paragraph 4 (Caution-
> >> Caution-https://fedoraproject.org/wiki/Legal:Fedora_Project_Contribut
> >> or_Agreement <
> >> Caution-
> >> Caution-https://fedoraproject.org/wiki/Legal:Fedora_Project_Contribut
> >> or_Agreement
> >>  > ) about US Gov copyright.
> >>
> >> I'm not a lawyer, but as far as I can tell, this isn't a *necessary*
> >> clause.... it seems to me that any non-applicable clause of a license
> >> would simply be non-applicable, whether it is stated explicitly or
> >> not, and any copyright license restrictions cannot be binding for
> >> something which is public domain. However, it does seem to be
> >> *useful* to have such a clause, to answer questions from confused
> >> government types who want to pick a license for their open source
> >> projects, and which may have a mix of government and other contributions.
> >>
> >> So, *if* there were ever an 'Apache License, 2.1', I think it'd be
> >> worth considering adding a similar clause, either specifically
> >> addressing 17 U.S.C. 105 public domain, or something less US-centric
> >> which still clearly addresses that case.
> >>
> >> In the meantime, it might be useful to note something about this on
> >> the license FAQs (Caution-
> >> Caution-http://www.apache.org/foundation/license-faq.html <
> >> Caution-Caution-http://www.apache.org/foundation/license-faq.html > ).
> >>
> >> What do you think?
> >
> > As one of those confused US Government employees, I would *definitely*
> > like to see some clarity here!  One of my major concerns is
> > severability (Caution-https://en.wikipedia.org/wiki/Severability).
> > Assume that the US Government
> > (USG) licenses some work under the ASL 2.0.  ASL 2.0 depends on
> > copyright, which most USG works don't have within the USA.  Could a US
> > court find that the license *as a whole* is void on the USG works
> > because of this?  That could open up a real can of worms, not just the
> > USG, but for anyone that has downloaded the code for their own use.
> >
> > Thanks,
> > Cem Karan

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