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> On Aug 18, 2016, at 8:45 PM, license-discuss-requ...@opensource.org wrote:
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> Today's Topics:
> 
>   1. Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army
>      Research Laboratory Open Source License (ARL OSL) 0.4.0
>      (Tzeng, Nigel H.)
>   2. Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army
>      Research Laboratory Open Source License (ARL OSL) 0.4.0
>      (Tzeng, Nigel H.)
>   3. Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army
>      Research Laboratory Open Source License (ARL OSL) 0.4.0 (Chris DiBona)
>   4. Re: [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. Army
>      Research Laboratory Open Source License (ARL OSL) 0.4.0
>      (Brian Behlendorf)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Thu, 18 Aug 2016 21:31:20 +0000
> From: "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu>
> To: "license-discuss@opensource.org" <license-discuss@opensource.org>,
>    Lawrence Rosen <lro...@rosenlaw.com>
> 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
> Message-ID: <d3db9a2c.2f60c%nigel.tz...@jhuapl.edu>
> Content-Type: text/plain; charset="iso-8859-1"
> 
> From: License-discuss 
> <license-discuss-boun...@opensource.org<mailto:license-discuss-boun...@opensource.org>>
>  on behalf of "Smith, McCoy" 
> <mccoy.sm...@intel.com<mailto:mccoy.sm...@intel.com>>
> 
>>> "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.*"
> 
>> The problem is, I think to many of us commenting here, is that those other 
>> lawyers are not part of this conversation.  And for whatever reason have 
>> said they will not be.  So we're hearing "I'm not a lawyer, but unnamed 
>> lawyers have >told me there is this problem, but have not explained their 
>> basis for finding that problem."
> 
>> So there is likely some skepticism that there is a need at all for this 
>> license, as it seems to be just Apache 2.0, with clauses to address a 
>> problem that many (or all) of the lawyers on here are not even sure exists.
> 
> I get that, but you won't be the ones that have to deal with any problems 
> that arise if the issue does exist.  If approving ARL OSL and NOSA gives NASA 
> and ARL/Army the legal warm fuzzies to be more liberal in open sourcing code 
> then one new special purpose license doesn't hurt anyone even on the 
> proliferation front.  Only one because NOSA 1.3 would get retired in favor of 
> NOSA 2.0.
> 
> The White House can mandate 20% OSS release across all agencies but it's easy 
> for any agency uncomfortable with open sourcing their software to simply 
> decline.  In many places it's as easy as writing a classification guide that 
> says all software developed for this agency is automatically FOUO or LES.  
> Then open sourcing anything becomes a royal pain in the rear and not open 
> sourcing anything is as simple as writing a disclaimer that points at the 
> class guide.
> 
> And OSI's intransigence on CC0 may come around and bite it in the rear if a 
> significant FedGov OSS mandate starts off with CC0 as a default open source 
> license for the USG because that's what they did for code.gov and it's the 
> only one that fits the bill for public domain software.  And I don't recall 
> that CC0  "contains any specific terms about distribution of source code" so 
> if CC0 is usable for software then so is CC-BY and perhaps CC-BY-SA.
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> ------------------------------
> 
> Message: 2
> Date: Thu, 18 Aug 2016 21:58:52 +0000
> From: "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu>
> To: Lawrence Rosen <lro...@rosenlaw.com>,
>    "license-discuss@opensource.org" <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
> Message-ID: <d3dba181.2f651%nigel.tz...@jhuapl.edu>
> Content-Type: text/plain; charset="iso-8859-1"
> 
> On 8/18/16, 3:57 PM, "License-discuss on behalf of Lawrence Rosen"
> <license-discuss-boun...@opensource.org on behalf of lro...@rosenlaw.com>
> wrote:
> 
> 
>> Nigel Tzeng wrote:
>>> The issue here is for code that is potentially quite substantial.  I
>>> would think that would be a different scenario.
>> 
>> If I include the works of Shakespeare in my software, it would of course
>> be substantial and yet still be public domain almost everywhere (?).
> 
> If patents aren't a concern then okay.  Copyright lasts longer than
> patents so for anything that is in the public domain because of age then
> no patents would still apply.
> 
> There isn¹t a lot of code that has aged out.  Only code written between
> before 1963 and didn¹t get a renewal.
> 
> 
> 
> ------------------------------
> 
> Message: 3
> Date: Thu, 18 Aug 2016 15:11:30 -0700
> From: Chris DiBona <cdib...@gmail.com>
> To: license-discuss@opensource.org
> Cc: Lawrence Rosen <lro...@rosenlaw.com>
> 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
> Message-ID:
>    <caeq5uwmkkwhyv-ycv9rf13r8dhxrqze+68b4idaqjussjh1...@mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
> 
> In military contracting , patent grants are key to the point where I
> wouldn't consider a non patent granting license from, say, lockheed as
> being open source at all.
> 
>> On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu> wrote:
>> 
>> On 8/18/16, 3:57 PM, "License-discuss on behalf of Lawrence Rosen"
>> <license-discuss-boun...@opensource.org on behalf of lro...@rosenlaw.com>
>> wrote:
>> 
>> 
>>> Nigel Tzeng wrote:
>>>> The issue here is for code that is potentially quite substantial.  I
>>>> would think that would be a different scenario.
>>> 
>>> If I include the works of Shakespeare in my software, it would of course
>>> be substantial and yet still be public domain almost everywhere (?).
>> 
>> If patents aren't a concern then okay.  Copyright lasts longer than
>> patents so for anything that is in the public domain because of age then
>> no patents would still apply.
>> 
>> There isn¹t a lot of code that has aged out.  Only code written between
>> before 1963 and didn¹t get a renewal.
>> 
>> _______________________________________________
>> License-discuss mailing list
>> License-discuss@opensource.org
>> https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss
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> ------------------------------
> 
> Message: 4
> Date: Thu, 18 Aug 2016 17:45:35 -0700 (PDT)
> From: Brian Behlendorf <br...@behlendorf.com>
> To: ch...@dibona.com, license-discuss@opensource.org
> Cc: Lawrence Rosen <lro...@rosenlaw.com>
> 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
> Message-ID: <alpine.DEB.2.20.1608181744030.4804@flooz>
> Content-Type: text/plain; charset="iso-8859-15"; Format="flowed"
> 
> 
> Totally agree.  But can the USG file patents?  I suppose research 
> organizations can (MITRE, maybe even NASA?) so it's not that academic; but 
> presumably any place where this public domain arises, it applies to 
> patents too.  Would be nice to get that sorted.
> 
> Brian
> 
>> On Thu, 18 Aug 2016, Chris DiBona wrote:
>> In military contracting , patent grants are key to the point where I 
>> wouldn't consider a non patent granting license from, say, lockheed as being 
>> open source at all.
>> 
>> 
>> On Aug 18, 2016 3:05 PM, "Tzeng, Nigel H." <nigel.tz...@jhuapl.edu> wrote:
>>      On 8/18/16, 3:57 PM, "License-discuss on behalf of Lawrence Rosen"
>>      <license-discuss-boun...@opensource.org on behalf of 
>> lro...@rosenlaw.com>
>>      wrote:
>> 
>> 
>>> Nigel Tzeng wrote:
>>>> The issue here is for code that is potentially quite substantial.  I
>>>> would think that would be a different scenario.
>>> 
>>> If I include the works of Shakespeare in my software, it would of course
>>> be substantial and yet still be public domain almost everywhere (?).
>> 
>>      If patents aren't a concern then okay.  Copyright lasts longer than
>>      patents so for anything that is in the public domain because of age then
>>      no patents would still apply.
>> 
>>      There isn¹t a lot of code that has aged out.  Only code written between
>>      before 1963 and didn¹t get a renewal.
>> 
>>      _______________________________________________
>>      License-discuss mailing list
>>      License-discuss@opensource.org
>>      https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss
> 
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> End of License-discuss Digest, Vol 56, Issue 40
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