[License-discuss] question re: open source language in LA County document

[Chris Jerdonek]

Hi all,

I have a question regarding some open source language in a document that
Los Angeles County published recently. I'm not asking for legal advice, but
just to get a better understanding as someone who is working in support of
open source voting systems in the City and County of San Francisco.

Los Angeles County recently selected vendors to finish building their own
voting system (called VSAP), which may or may not be open source (it's
still to be determined).

Agenda items 22-24 in the following June 7, 2018 document are about money
they are allocating:
http://bos.lacounty.gov/LinkClick.aspx?fileticket=1DM-niVqFtA%3d&portalid=1

If you click on the document for item #22, you will get to a 445-page PDF.
On the numbered page 7 of that document, in section 2 about "Ownership and
Intellectual Property," it says:

*2.4.2* During the Initial Contract Term, *in the event that the County
> elects to make the VSAP Solution (or any portion of the software, code,
> plans, diagrams, and/or other documentation delivered hereunder) available
> in an open source format, it shall be a condition to the license* and use
> of any such intellectual property that if the licensee thereof decides to
> use the VSAP Hardware in connection with the VSAP Solution, then to the
> extent such licensee engages (or intends to engage) third parties for such
> VSAP Hardware implementation, such licensee shall be required to engage the
> Contractor in connection with the design, manufacture, procurement and
> maintenance and support of such VSAP Hardware.


My question is -- is it possible for an open source license to have such a
condition and still be open source (i.e. under an OSI-approved license)?

Also, can anyone tell from page 7 what it says about what open source
licenses would be compatible with their conditions, and whether it is also
enabling the contractor to distribute the software not as open source, and
if there are any other notable implications?

Thanks,
--Chris
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