[License-review] For Legacy Approval: LBNL BSD (Sebastian Ainslie)

[Smith, McCoy]

>>:From: License-review [mailto:license-review-bounces at lists.opensource.org] On Behalf Of Sebastian Ainslie
>>Sent: Tuesday, May 28, 2019 12:21 PM
>>To: 'Pamela Chestek' <pamela at chesteklegal.com>; license-review at lists.opensource.org
>>Subject: Re: [License-review] For Legacy Approval: LBNL BSD (Sebastian Ainslie)


I’m now confused.  You were asking for legacy approval for a license that had been used for over a decade, but seem to be now modifying it.  Is this a legacy approval or a new license approval?

>>DOE requires a specific notice about their funding and subsequent rights and need for their approval be added - see highlighted text

Is the funding notification part of the license you’re asking for approval on?  It seems the notice below is merely part of the copyright notice, not the license.

With regard to the statement of approvals added to the license text, is that not an indication that without DOE approval, the license is void or revoked?  That seems to create OSD 7 issues.

>>SOFTWARE NAME  Copyright (c) 201x, The

>>Regents of the University of California, through Lawrence Berkeley National

>>Laboratory (subject to receipt of any required approvals from the U.S.

>>Dept. of Energy).  All rights reserved.

>>NOTICE.  This Software was developed under funding from the U.S. Department

>of Energy and the U.S. Government consequently retains certain rights.  As

>>such, the U.S. Government has been granted for itself and others acting on

>>its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the

>>Software to reproduce, distribute copies to the public, prepare derivative

>>works, and perform publicly and display publicly, and to permit other to do

>>so.

>>****************************


>>*** License Agreement ***

>>SOFTWARE NAME  Copyright (c) 201x, The

>>Regents of the University of California, through Lawrence Berkeley National

>>Laboratory (subject to receipt of any required approvals from the U.S.

>>Dept. of Energy).  All rights reserved.

>>Redistribution and use in source and binary forms, with or without

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>>National Laboratory, U.S. Dept. of Energy nor the names of its contributors

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>You are under no obligation whatsoever to provide any bug fixes, patches,

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