[License-review] License-review Digest, Vol 78, Issue 56

Tue May 28 21:43:02 UTC 2019

Now I'm confused too. You say you are not modifying anything, except
that the text that you highlighted, and that McCoy was commenting on,
isn't in the license you originally submitted. Can you submit the full
correct text of the license you want approved?

Pam

Pamela Chestek
Chair, License Review Committee
Open Source Initiative

On 5/28/2019 3:50 PM, Sebastian Ainslie wrote:
I am not modifying anything. This is how it’s been used for over a decade.
> Looking for legacy approval as it’s been used for so long here. If OSI approval going forward is more expedient then that will suffice.
>
> Thanks 
>
> Sebastian 
>
>> On May 28, 2019, at 12:37 PM, license-review-request at lists.opensource.org wrote:
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>> Today's Topics:
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>>   1. Re: For Legacy Approval: LBNL BSD (Sebastian Ainslie)
>>      (Smith, McCoy)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Tue, 28 May 2019 19:36:25 +0000
>> From: "Smith, McCoy" <mccoy.smith at intel.com>
>> To: License submissions for OSI review
>>    <license-review at lists.opensource.org>,  'Pamela Chestek'
>>    <pamela at chesteklegal.com>
>> Subject: Re: [License-review] For Legacy Approval: LBNL BSD (Sebastian
>>    Ainslie)
>> Message-ID:
>>    <2D52F7EE739F8542A700CAB96276B5198B159114 at fmsmsx117.amr.corp.intel.com>
>>    
>> Content-Type: text/plain; charset="utf-8"
>>
>>>> :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
>>>> modification, are permitted provided that the following conditions are met:
>>>> (1) Redistributions of source code must retain the above copyright notice,
>>>> this list of conditions and the following disclaimer.
>>>> (2) Redistributions in binary form must reproduce the above copyright
>>>> notice, this list of conditions and the following disclaimer in the
>>>> documentation and/or other materials provided with the distribution.
>>>> (3) Neither the name of the University of California, Lawrence Berkeley
>>>> National Laboratory, U.S. Dept. of Energy nor the names of its contributors
>>>> may be used to endorse or promote products derived from this software
>>>> without specific prior written permission.
>>>> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
>>>> AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
>>>> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
>>>> ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
>>>> LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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>>>> SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
>>>> INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
>>>> CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
>>>> ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
>>>> POSSIBILITY OF SUCH DAMAGE.
>>> You are under no obligation whatsoever to provide any bug fixes, patches,
>>>> or upgrades to the features, functionality or performance of the source
>>>> code ("Enhancements") to anyone; however, if you choose to make your
>>>> Enhancements available either publicly, or directly to Lawrence Berkeley
>>>> National Laboratory, without imposing a separate written license agreement
>>>> for such Enhancements, then you hereby grant the following license: a
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>>>> in binary and source code form.
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