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

[Lawrence Rosen]

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 (?). I license my entire work to you under the Apache 2.0 license. [This is what you should do with ARL software!]

If I also want to disclaim all warranties and liability against viruses and other malicious code, my Apache 2.0 contract will probably protect me in most jurisdictions. If Apple now takes my work and includes it in the next iPhone release, then Apple may become liable under commercial laws for electronic products in the U.S., and so perhaps Apple and I will eventually have a contract dispute or one of its customers may sue me for damages. 

I don't think that is a copyright lawsuit regardless of whether I own the copyright on the virus.

And Shakespeare is still free and not liable.

/Larry


-----Original Message-----
From: Tzeng, Nigel H. [mailto:Nigel.Tzeng at jhuapl.edu] 
Sent: Thursday, August 18, 2016 12:34 PM
To: license-discuss at 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

On 8/18/16, 11:03 AM, "License-discuss on behalf of Richard Fontana"
<license-discuss-bounces at opensource.org on behalf of fontana at sharpeleven.org> wrote:


>As a few have pointed out, all code that is nominally licensed under 
>open source licenses will contain noncopyrighted portions.

While true, that¹s because they were not significant enough to have copyright.

The issue here is for code that is potentially quite substantial.  I would think that would be a different scenario.

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