[License-discuss] [Non-DoD Source] Re: Possible alternative was: Re: U.S. Army Research Laboratory Open Source License (ARL OSL) Version 0.4.1

[Karan, Cem F CIV USARMY RDECOM ARL (US)]

As a part of ARL's internal release process, the Lab waives all patent/IP 
rights (except for the ARL trademarks).  That only leaves the external 
contributions, which would be done under one of the OSI-approved licenses.

Thanks,
Cem Karan

> -----Original Message-----
> From: License-discuss [mailto:license-discuss-bounces at opensource.org] On 
> Behalf Of Smith, McCoy
> Sent: Tuesday, February 28, 2017 12:10 PM
> To: license-discuss at opensource.org
> Subject: [Non-DoD Source] Re: [License-discuss] Possible alternative was: 
> Re: U.S. Army Research Laboratory Open Source License (ARL
> OSL) Version 0.4.1
>
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> ----
>
> You should consider the fact that CC0 has an express disclaimer of patent 
> licenses (in Section 4.a).  That may mean that it doesn't address
> one of the concerns that I think you had (i.e., that there might be USG 
> patents covering the non-US copyrightable USG work distributed by
> the USG).
>
> The CC licenses are also not on the OSI list (although there has been some 
> discussion in the past of whether they should be added, IIRC).
>
> -----Original Message-----
> From: License-discuss 
> [Caution-mailto:license-discuss-bounces at opensource.org] On Behalf Of Karan, 
> Cem F CIV USARMY RDECOM ARL
> (US)
> Sent: Tuesday, February 28, 2017 8:23 AM
> To: license-discuss at opensource.org
> Subject: [License-discuss] Possible alternative was: Re: U.S. Army Research 
> Laboratory Open Source License (ARL OSL) Version 0.4.1
>
> All, the folks at code.mil came up with what may be a really, really good 
> idea; see Caution-
> https://github.com/deptofdefense/code.mil/blob/master/Proposal/CONTRIBUTING.md.
>
> The basic idea is simple; when the Government releases code, it's in the 
> public domain (likely CC0).  The project owners select an OSI-
> approved license, and will only accept contributions to the project under 
> their chosen license[1].  Over time the code base becomes a
> mixture, some of which is under CC0, and some of which is under the 
> OSI-approved license.  I've talked with ARL's lawyers, and they are
> satisfied with this solution.  Would OSI be happy with this solution?  That 
> is, would OSI recognize the projects as being truly Open Source,
> right from the start?  The caveat is that some projects will be 100% CC0 at 
> the start, and can only use the chosen Open Source license on
> those contributions that have copyright attached.  Note that Government 
> projects that wish to make this claim would have to choose
> their license and announce it on the project site so that everyone knows 
> what they are licensing their contributions under, which is the
> way that OSI can validate that the project is keeping its end of the bargain 
> at the start.
>
> If this will satisfy OSI, then I will gladly withdraw the ARL OSL from 
> consideration.  If there are NASA or other Government folks on here,
> would this solution satisfy your needs as well?
>
> Thanks,
> Cem Karan
>
> [1] There is also a form certifying that the contributor has the right to do 
> so, etc.  The Army Research Laboratory's is at Caution-
> https://github.com/USArmyResearchLab/ARL-Open-Source-Guidance-and-Instructions/blob/master/ARL%20Form%20-%20266.pdf,
> and is, unfortunately, only able to be opened in Adobe Acrobat.  We're 
> working to fix that, but there are other requirements that will take
> some time.
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