[License-discuss] [Non-DoD Source] Re: U.S. Army Research Laboratory Open Source License (ARL OSL) 0.4.0

[Engel Nyst]

On Mon, Aug 15, 2016 at 11:59 PM, Karan, Cem F CIV USARMY RDECOM ARL
(US) <cem.f.karan.civ at mail.mil> wrote:
>> >    4. Redistribution. You may reproduce and distribute copies of the
>> >       Work or Derivative Works thereof in any medium, with or without
>> >       modifications, and in Source or Object form, provided that You
>> >       meet the following conditions:
>>
>> I'd suggest to add in clause 4, or in its obligations a)-d), an "if
>> copyright exists" or something similar. If copyright doesn't exist in the
>> Work,
>> can't put enforceable conditions on redistributions.
>
> What wording would you suggest?

"4. Redistribution. You may reproduce and distribute copies of the
      Work or Derivative Works thereof in any medium, with or without
      modifications, and in Source or Object form, provided that for
      Works subject to copyright You meet the following conditions:"
Or,
"4. Redistribution. You may reproduce and distribute copies of the
      Work or Derivative Works thereof in any medium, with or without
      modifications, and in Source or Object form, provided that You
      meet the following conditions for the copyrightable parts of the
      Work or Derivative Works:"
Or,
"4. Redistribution. You may reproduce and distribute copies of the
      Work or Derivative Works thereof in any medium, with or without
      modifications, and in Source or Object form, provided that You
      meet the following conditions:

      (a) You must give any other recipients of the Work or
          Derivative Works a copy of this License, except when the Work
          or Derivative Work is not subject to copyright; and

      (b) You must cause any modified files to carry prominent notices
          stating that You changed the files, excluding those files that
          contained no copyrightable part; and"

In the latter, (c) and (d) seem to already have applicable exclusions.

The first seems cleanest to me.