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

Karan, Cem F CIV USARMY RDECOM ARL (US) cem.f.karan.civ at mail.mil
Mon Aug 22 20:45:41 UTC 2016


I'm aware of the other list, but my understanding was that it had to be submitted to this list for discussion first, and then submitted to license-review once there was some consensus; am I wrong about this?

Thanks,
Cem Karan

> -----Original Message-----
> From: License-discuss [mailto:license-discuss-bounces at opensource.org] On Behalf Of Richard Fontana
> Sent: Monday, August 22, 2016 2:53 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
> 
> All active links contained in this email were disabled.  Please verify the identity of the sender, and confirm the authenticity of all links
> contained within the message prior to copying and pasting the address to a Web browser.
> 
> 
> 
> 
> ----
> 
> I'm not sure if you're already aware but for several years this mailing list has not been used for discussing licenses submitted for OSI
> approval -- that is done on the license-review mailing list. The license review process is described at Caution-
> https://opensource.org/approval.
> 
> I haven't followed this thread too closely but it is clear that the ARL OSL is very different from NOSA 2.0. The only way to see whether it
> would merit OSI approval (if that's what you are seeking) would be to submit it for review.
> 
> Richard
> 
> 
> On Mon, Aug 22, 2016 at 05:14:59PM +0000, Karan, Cem F CIV USARMY RDECOM ARL (US) wrote:
> > OK, so assuming that the NOSA 2.0 license is dead in the water, what about the ARL OSL?  Is it also, dead, and if so, why?  Leave aside
> the license proliferation aspect, and focus on what needs to be changed with the ARL OSL to make it acceptable.
> >
> > Thanks,
> > Cem Karan
> >
> > > -----Original Message-----
> > > From: License-discuss
> > > [Caution-mailto:license-discuss-bounces at opensource.org] On Behalf Of
> > > Richard Fontana
> > > Sent: Saturday, August 20, 2016 10:21 AM
> > > 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
> > >
> > > All active links contained in this email were disabled.  Please
> > > verify the identity of the sender, and confirm the authenticity of all links contained within the message prior to copying and pasting
> the address to a Web browser.
> > >
> > >
> > >
> > >
> > > ----
> > >
> > > On Sat, Aug 20, 2016 at 02:24:53AM +0000, Tzeng, Nigel H. wrote:
> > > > My understanding then and now was that it had become clear to them
> > > > that Richard and Bruce was going to stall approval for a long
> > > > time/forever unless they took out the patent clause that the open
> > > > data folks wanted. So they withdrew because they were never going
> > > > to do that and the discussions were getting more and more heated.
> > >
> > > I'm assuming 'Richard' is me and 'Bruce' is Bruce Perens. Neither of
> > > us were on the OSI board at that time; we were just participants on
> > > a mailing list. Also, I don't recall Bruce Perens' involvement in
> > > the
> > > CC0 discussion at all, but my objective was to encourage the OSI
> > > take a consistent approach to the problem of nonstandard provisions
> > > dealing with patents, having remembered the discussion of the MXM license in ~2009, rather than an approach that would be
> explainable solely by attitudes towards the license steward.
> > >
> > > > If you don¹t believe that was a correct assessment on their part
> > > > then pray tell the status of NOSA v2 that was originally submitted
> > > > for approval in 2013.
> > >
> > > That's a special, unfortunate case. With NOSA 2.0 I continued (and
> > > sort of continue) to feel that the license was salvageable with a lot of work, which no one (including me and I think including NASA)
> seems to have the time or inclination to take on individually or collectively.
> > > Possibly, in retrospect, the better approach with NOSA
> > > 2.0 would have been to outright reject it as being way too complex
> > > with a number of likely or actual fatal problems. An issue there was
> > > that, until recently, I assumed that the OSI customarily does not
> > > formally reject licenses, as opposed to just not approving those
> > > that are problematic (holding out the possibility of the license steward submitting revisions or improvements). I think that is actually
> true of licenses submitted in the past several years, but I recently learned that in the distant past there were licenses the OSI actually
> formally rejected.
> > >
> > > Even now, I still think NOSA 2.0 can be fixed without revising it
> > > beyond all recognition. However, I pointed out at least one
> > > significant problem (related, in fact, to the MXM/CC0 patent
> > > provisions issue) and it did not seem that Bryan was receptive to
> > > discussing it. Even if the OSI did have at least an earlier history of rejecting licenses, I believe it's true that revised versions of
> problematic submitted licenses have generally been prepared by the license steward rather than that task being taken on by the OSI itself.
> That is, it would be strange if the only way to get an acceptable version of NOSA 2.0 would be for the OSI to take on primary responsibility
> for drafting it.
> > >
> > > Richard
> > > _______________________________________________
> > > License-discuss mailing list
> > > License-discuss at opensource.org
> > > Caution-Caution-https://lists.opensource.org/cgi-bin/mailman/listinf
> > > o/license-discuss
> 
> >          U.S. Army Research Laboratory Open Source License (ARL OSL)
> >                        Version 0.4.1, August 2016
> >                         Caution-http://no/URL/as/yet
> >
> >    TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
> >
> >    1. Definitions.
> >
> >       "License" shall mean the terms and conditions for use, reproduction,
> >       and distribution as defined by Sections 1 through 10 of this document.
> >
> >       "Licensor" shall mean the project originator or entity authorized by
> >       the project originator that is granting the License.
> >
> >       "Legal Entity" shall mean the union of the acting entity and all
> >       other entities that control, are controlled by, or are under common
> >       control with that entity. For the purposes of this definition,
> >       "control" means (i) the power, direct or indirect, to cause the
> >       direction or management of such entity, whether by contract or
> >       otherwise, or (ii) ownership of fifty percent (50%) or more of the
> >       outstanding shares, or (iii) beneficial ownership of such entity.
> >
> >       "You" (or "Your") shall mean an individual or Legal Entity
> >       exercising permissions granted by this License.
> >
> >       "Source" form shall mean the preferred form for making modifications,
> >       including but not limited to software source code, documentation
> >       source, and configuration files.
> >
> >       "Object" form shall mean any form resulting from mechanical
> >       transformation or translation of a Source form, including but
> >       not limited to compiled object code, generated documentation,
> >       and conversions to other media types.
> >
> >       "Work" shall mean the work of authorship, whether in Source or
> >       Object form, made available under the License, as indicated by a
> >       notice that is included in or attached to the work
> >       (an example is provided in the Appendix below).
> >
> >       "Derivative Works" shall mean any work, whether in Source or Object
> >       form, that is based on (or derived from) the Work and for which the
> >       editorial revisions, annotations, elaborations, or other modifications
> >       represent, as a whole, an original work of authorship. For the purposes
> >       of this License, Derivative Works shall not include works that remain
> >       separable from, or merely link (or bind by name) to the interfaces of,
> >       the Work and Derivative Works thereof.
> >
> >       "Contribution" shall mean any work of authorship, including
> >       the original version of the Work and any modifications or additions
> >       to that Work or Derivative Works thereof, that is intentionally
> >       submitted to Licensor for inclusion in the Work by the author
> >       or by an individual or Legal Entity authorized to submit on behalf of
> >       the author. For the purposes of this definition, "submitted"
> >       means any form of electronic, verbal, or written communication sent
> >       to the Licensor or its representatives, including but not limited to
> >       communication on electronic mailing lists, source code control systems,
> >       and issue tracking systems that are managed by, or on behalf of, the
> >       Licensor for the purpose of discussing and improving the Work, but
> >       excluding communication that is conspicuously marked or otherwise
> >       designated in writing by the author as "Not a Contribution."
> >
> >       "Contributor" shall mean Licensor and any individual or Legal Entity
> >       on behalf of whom a Contribution has been received by Licensor and
> >       subsequently incorporated within the Work.
> >
> >    2. Grant of Copyright License. Subject to the terms and conditions of
> >       this License, where copyright exists, each Contributor hereby grants to You a perpetual,
> >       worldwide, non-exclusive, no-charge, royalty-free, irrevocable
> >       copyright license to reproduce, prepare Derivative Works of,
> >       publicly display, publicly perform, sublicense, and distribute the
> >       Work and such Derivative Works in Source or Object form.
> >
> >    3. Grant of Patent License. Subject to the terms and conditions of
> >       this License, each Contributor hereby grants to You a perpetual,
> >       worldwide, non-exclusive, no-charge, royalty-free, irrevocable
> >       (except as stated in this section) patent license to make, have made,
> >       use, offer to sell, sell, import, and otherwise transfer the Work,
> >       where such license applies only to those patent claims licensable
> >       by such Contributor that are necessarily infringed by their
> >       Contribution(s) alone or by combination of their Contribution(s)
> >       with the Work to which such Contribution(s) was submitted. If You
> >       institute patent litigation against any entity (including a
> >       cross-claim or counterclaim in a lawsuit) alleging that the Work
> >       or a Contribution incorporated within the Work constitutes direct
> >       or contributory patent infringement, then any patent licenses
> >       granted to You under this License for that Work shall terminate
> >       as of the date such litigation is filed.
> >
> >    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; and
> >
> >       (b) You must cause any modified files to carry prominent notices
> >           stating that You changed the files; and
> >
> >       (c) You must retain, in the Source form of any Derivative Works
> >           that You distribute, all copyright, patent, trademark, and
> >           attribution notices from the Source form of the Work,
> >           excluding those notices that do not pertain to any part of
> >           the Derivative Works; and
> >
> >       (d) If the Work includes a "NOTICE" text file as part of its
> >           distribution, then any Derivative Works that You distribute must
> >           include a readable copy of the attribution notices contained
> >           within such NOTICE file, excluding those notices that do not
> >           pertain to any part of the Derivative Works, in at least one
> >           of the following places: within a NOTICE text file distributed
> >           as part of the Derivative Works; within the Source form or
> >           documentation, if provided along with the Derivative Works; or,
> >           within a display generated by the Derivative Works, if and
> >           wherever such third-party notices normally appear. The contents
> >           of the NOTICE file are for informational purposes only and
> >           do not modify the License. You may add Your own attribution
> >           notices within Derivative Works that You distribute, alongside
> >           or as an addendum to the NOTICE text from the Work, provided
> >           that such additional attribution notices cannot be construed
> >           as modifying the License.
> >
> >       You may add Your own copyright statement to Your modifications and
> >       may provide additional or different license terms and conditions
> >       for use, reproduction, or distribution of Your modifications, or
> >       for any such Derivative Works as a whole, provided Your use,
> >       reproduction, and distribution of the Work otherwise complies with
> >       the conditions stated in this License.
> >
> >    5. Submission of Contributions. Unless You explicitly state otherwise,
> >       any Contribution intentionally submitted for inclusion in the Work
> >       by You to the Licensor shall be under the terms and conditions of
> >       this License, without any additional terms or conditions.
> >       Notwithstanding the above, nothing herein shall supersede or modify
> >       the terms of any separate license agreement you may have executed
> >       with Licensor regarding such Contributions.
> >
> >    6. Trademarks. This License does not grant permission to use the trade
> >       names, trademarks, service marks, or product names of the Licensor,
> >       except as required for reasonable and customary use in describing the
> >       origin of the Work and reproducing the content of the NOTICE file.
> >
> >    7. Disclaimer of Warranty. Unless required by applicable law or
> >       agreed to in writing, Licensor provides the Work (and each
> >       Contributor provides its Contributions) on an "AS IS" BASIS,
> >       WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
> >       implied, including, without limitation, any warranties or conditions
> >       of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
> >       PARTICULAR PURPOSE. You are solely responsible for determining the
> >       appropriateness of using or redistributing the Work and assume any
> >       risks associated with Your exercise of permissions under this License.
> >
> >    8. Limitation of Liability. In no event and under no legal theory,
> >       whether in tort (including negligence), contract, or otherwise,
> >       unless required by applicable law (such as deliberate and grossly
> >       negligent acts) or agreed to in writing, shall any Contributor be
> >       liable to You for damages, including any direct, indirect, special,
> >       incidental, or consequential damages of any character arising as a
> >       result of this License or out of the use or inability to use the
> >       Work (including but not limited to damages for loss of goodwill,
> >       work stoppage, computer failure or malfunction, or any and all
> >       other commercial damages or losses), even if such Contributor
> >       has been advised of the possibility of such damages.
> >
> >    9. Accepting Warranty or Additional Liability. While redistributing
> >       the Work or Derivative Works thereof, You may choose to offer,
> >       and charge a fee for, acceptance of support, warranty, indemnity,
> >       or other liability obligations and/or rights consistent with this
> >       License. However, in accepting such obligations, You may act only
> >       on Your own behalf and on Your sole responsibility, not on behalf
> >       of any other Contributor, and only if You agree to indemnify,
> >       defend, and hold each Contributor harmless for any liability
> >       incurred by, or claims asserted against, such Contributor by reason
> >       of your accepting any such warranty or additional liability.
> >
> >    10. All or part of this work is in the public domain and not subject
> >       to copyright.  If any part of this work is deemed copyrightable,
> >       now or in the future, its Contributors agree that such copyrightable
> >       parts may be distributed under the terms of this License.
> >
> >    END OF TERMS AND CONDITIONS
> >
> >    APPENDIX: How to apply the U.S. Army Research Laboratory Open Source License (ARL OSL) to your work.
> >
> >       To apply the ARL OSL to your work, attach the following
> >       boilerplate notice, with the fields enclosed by brackets "[]"
> >       replaced with your own identifying information. (Don't include
> >       the brackets!)  The text should be enclosed in the appropriate
> >       comment syntax for the file format. We also recommend that a
> >       file or class name and description of purpose be included on the
> >       same "printed page" as the notice for easier
> >       identification within third-party archives.
> >
> >    [yyyy] [name of Licensor]
> >
> >    Licensed under the U.S. Army Research Laboratory Open Source License (ARL OSL), Version 0.4.1 (the "License");
> >    you may not use this file except in compliance with the License.
> >    You may obtain a copy of the License at
> >
> >        Caution-http://no/URL/as/yet
> >
> >    Unless required by applicable law or agreed to in writing, software
> >    distributed under the License is distributed on an "AS IS" BASIS,
> >    WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> >    See the License for the specific language governing permissions and
> >    limitations under the License.
> 
> 
> 
> 
> > _______________________________________________
> > License-discuss mailing list
> > License-discuss at opensource.org
> > Caution-https://lists.opensource.org/cgi-bin/mailman/listinfo/license-
> > discuss
> 
> _______________________________________________
> License-discuss mailing list
> License-discuss at opensource.org
> Caution-https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 5559 bytes
Desc: not available
URL: <http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/attachments/20160822/7f3bb4e3/attachment.p7s>


More information about the License-discuss mailing list