> -----Original Message----- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Tzeng, Nigel H. > Sent: Thursday, August 18, 2016 4:26 PM > To: Lawrence Rosen <lro...@rosenlaw.com>; license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. > Army Research Laboratory Open Source License (ARL OSL) > 0.4.0 > > >Cem Karan wrote: > > >> The only reason that the ARL OSL was proposed AT ALL is because there is a > >> strong concern that since USG code doesn't have copyright > [1], any license that relies exclusively on copyright may be invalidated by > the courts [2]. > > > > >We understand that strong concern. Most of us don't share it. > > > Well, if all lawyers agreed then IP cases would go a lot more quickly, no? > > Plaintiff’s lawyer: We think X! > Defendant’s lawyer: We agree! > > I don’t believe that there is an OSD requirement that the lawyers on > License-Review/License-Discuss agree that the legal concern being > addressed by a new license submission is valid. Especially when other > lawyers disagree. > > Given that NOSA is still in limbo, it might be fair (not really given how > long NOSA has been in limbo) to ask that ARL and NASA lawyers get > together and address their concerns in one special purpose license since both > are trying to address legal concerns they believe are valid for > USG OSS projects. Although, with the current white house interest, both NASA > and ARL could punt the issue up to the Tony Scott at the > OMB (or whomever Chris suggested) and say “here are our requirements…give us > a FedGov OSS license that address those needs and > submit it to the OSI". > > And then approve (or deny) that license quickly once submitted If it passes > the OSD and retire the existing NOSA license rather than sit on > it for three years without resolution. Hopefully, if the White House submits > a license to the OSI it is reviewed with a bit more alacrity.
Actually, we ARE in talks with NASA; the attorney at ARL that is working on this used to work at NASA, and so knows the right people to talk to over there. Thanks, Cem Karan
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