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

[Richard Fontana]

On Thu, Jun 21, 2018 at 12:53 PM, Karan, Cem F CIV USARMY RDECOM ARL (US) <
cem.f.karan.civ at mail.mil> wrote:

>
>

The problem is that if that is one clause of a larger license, does the fact
> that one clause is unenforceable affect the rest of the license?  Different
> lawyers have differing opinions, and as far as I know, it hasn't been
> settled
> by the courts yet.  This is the crux of why the government is looking to
> create a new license that is not based on copyright.  So that it isn't on
> the
> hook for warranty and liability because it made a copyright claim that it
> doesn't have, and so that downstream users are protected when they use
> and incorporate GOSS into their own projects.
>

Do you mean protected from the US government itself?

Regarding the risks faced by the US government that you are describing, I'd
like to hear a US government lawyer walk us through how that would play out
in a real world case. I am having some trouble seeing it.

Richard
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