<div dir="ltr"><div dir="ltr"><br>On Wed, May 29, 2019 at 3:55 PM Tzeng, Nigel H. <<a href="mailto:Nigel.Tzeng@jhuapl.edu">Nigel.Tzeng@jhuapl.edu</a>> wrote:<br></div><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div lang="EN-US">
<div class="gmail-m_-2889582855263592755WordSection1">
<p class="MsoNormal">Heh, and I decided to leave the lists right before the discussion became interesting.</p></div></div></blockquote><div><br></div><div>Well, we will need to agree to disagree.</div><div><br></div><div><br>* The value we are discussing is attaching the Open Source brand to this software. Without the OSI approval the software can continue to be released, it just can't be called Open Source. If that means some software won't be released as US government policy suggests that software should be released Open Source, then that is a matter of the USG agency not being willing to do what is required to adhere to that policy. It is not something where the OSI is obligated to do things it (hopefully) sees as harmful to the Open Source brand.</div><div><br></div><div>* <a href="https://opensource.org/trademark">https://opensource.org/trademark</a> , and many institutions reference the OSI license list. Having software licensed in a way approved by the OSI has value, otherwise there wouldn't be so much discussion about license approval.<br><br></div><div>* I reject the notion that tangibles and intangibles are similar, and that policy intended only for tangibles should be imposed on intangibles. I could quote a letter written by Thomas Jefferson to Isaac McPherson that even in 1813 expressed just how different these things are, but we have likely already all seen it. The erosion of that understanding of these differences has always been harmful to the FLOSS community, and much of the advocacy work we do with governments is essentially trying to fight that erosion.<br><br></div><div>* US copyright policy has a limitation to copyright for the US government. The intent is that the US government doesn't have that right against US citizens. A US government agency attempting to assert copyright-like restrictions against the activities of US citizens in contract law is clearly an attempt to circumvent the limitations and exceptions of US copyright law. This is not an accusation, but a statement of fact.<br><br>* Acceptance of the contractual terms in the GPL are triggered by carrying out activities covered by copyright. Meaning, you accepted the contract by carrying out those activities which needed permission (either you accepted it, or you infringed copyright). This is entirely different than having a contract apply to me (pretending for the moment I was a US citizen) which "Fred" might have agreed to, but I did not do any activity that suggested I agreed to the contract. This is a misinterpretation on your part of the transaction which happens with the GPL.</div><div><br></div><div>* Copyright, patents, trademarks, and other sui generis rights applied to intangibles being mentioned within the same license agreement will become increasingly common. That doesn't mean that the agreement necessarily tries to expand the scope of any of those rights, or attempt to imply contractual agreement for a third parties carrying out an activity that never required permission from any rightsholder for any type of statutory monopoly.<br><br><br></div></div></div>