[License-review] NOSA 2.0 and Government licensing [was: moving to an issue tracker [was Re: Some notes for license submitters]]

[Smith, McCoy]

>So, let's put this to the real test; would OSI (or anyone else) be willing to indemnify the US Government, and all downstream users, against any OSI-approved license being declared fully null and void solely because the license had copyright >clauses in it that were declared invalid because the covered work didn't have copyright attached?  If you won't provide such indemnification (or find an insurance company that would be willing to provide such indemnification), then you've >already answered the question of whether or not the USG can use copyright-based licenses.  Everything else is just posturing.

I'm curious what sort of harm the government or downstream users would suffer in your scenario that would be addressable in indemnity.  Let's say OSI decides to grant USG such an indemnity.  Under what conditions can the USG tender indemnity, and against what USG losses would OSI be required to pay?