[License-discuss] Government licenses

Smith, McCoy mccoy.smith at intel.com
Tue May 28 21:46:35 UTC 2019

>>From: License-discuss [mailto:license-discuss-bounces at lists.opensource.org] On Behalf Of Christopher Sean Morrison via License-discuss
>>Sent: Tuesday, May 28, 2019 2:33 PM
>>To: Christopher Sean Morrison via License-discuss <license-discuss at lists.opensource.org>
>>Cc: Christopher Sean Morrison <brlcad at mac.com>
>>Subject: Re: [License-discuss] Government licenses

>>Gov’t regularly distributes software that otherwise has *no* Title 17 protections to foreign and domestic recipients, under contractual terms.  I’m told these have held up in court, though I admit to not having a citation handy.

Yeah, I found the idea that one could contractually restrict something that is in the public domain (or in the parlance of 17 USC 105, not subject to copyright) odd.  Here’s a more than decade old presentation that talks about that:  http://www.archivists.org/conference/sanfrancisco2008/docs/session101-Frankel.pdf
Maybe someone knows of better, newer, case law or scholarship on that point.
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