Question on OSD #5

[Arnoud Engelfriet]

Tzeng, Nigel H. wrote:
> With respect to OSD #5 do folks believe that releasing under an OSI
> approved license but having to mark the software as FOUO (For Official Use
> Only) or SECRET breaks OSD #5?

Interesting. I think you would have to look at the actual license terms
of the applicable OSI-certified licenses instead of just the OSD.
For e.g. MIT-licensed material this should not be an issue.

The GPL says that "you may not impose any further restrictions". So
you cannot give a copy to someone with a SECRET marking on it.
The GPL FAQ addresses this in the context of contractual nondisclosure
agreements:
http://www.gnu.org/licenses/gpl-faq.html#DoesTheGPLAllowNDA

I would think that if you introduce GPL code on a classified network,
the physical security on that network would make it impossible to 
distribute the code to elsewhere. That puts you legally in the clear
because nowhere does it say in the GPL that the recipient must have
the *ability* to distribute code to third parties. You just can't
impose legal restrictions on him.

Arnoud

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/
              Arnoud blogt nu ook: http://blog.iusmentis.com/