[License-review] Approval Request - ViraTrace Public Source License 1.0

[Wayne Thornton]

ViraTrace hereby withdraws the primary text of the VPSL 1.0 as proposed and submits the following amendment for consideration:



License Name: ViraTrace Public Source License 1.0.1



Rationale: Our company is in the business of creating frameworks and software products which facilitate automated contact tracing initiatives across the globe. These frameworks and products must be GDPR- and HIPPA-compliant and have been designed to be such, with strict, ongoing legal review processes undertaken to ensure this. The frameworks and products that we create are designed to be utilized by governmental agencies and private corporations in the creation of applications and platforms which aid in the fight against COVID-19 and future pandemic scenarios. In order for this to be of benefit, the frameworks and software we develop must be open source, so that the governmental agencies and private corporations can be free to utilize them. Unfortunately, due to the legal compliance issues vis-a-vis GDPR and HIPPA, a level of control regarding development must be maintained. It is our position that the GNU and other OSI-approved licenses do not provide this level of control. [FOREGOING IS SAME AS PREVIOUSLY DISCUSSED, AMENDMENT ADDRESSING ONGOING DISCUSSION FOLLOWS] We have considered the various licenses available and although some of them seem to be relevant, the need for specific conditions  permitting the level of control necessary to administer the frameworks and products we develop precludes these licenses from consideration. As an example, the CAL (Cryptographic Autonomy License) has been proposed by Josh Berkus as one such license. This license provides no mechanism for recall of rights and covered frameworks and software in the event of a breach of license and more seriously, has a provision (4.2.1) which mandates the sharing of user data and is wholly incompatible with GDPR and HIPPA. Additionally, the CAL is targeted towards holochain and distributed processing networks. This is not the purpose of our frameworks and products and thus the CAL cannot be applied. 



Distinguish: This license is similar in context to the APSL (v. 1.0) The APSL as currently approved is considered both an OSI and FSF license. Developers are free to utilize and modify the code without sharing the changes they create. This is wholly incompatible with the compliance issues previously discussed. Because of these issues, ViraTrace MUST have the ability to strictly control the usage and modifications made to the software code, and to undertake actions to revoke usage permissions for those governmental agencies and private corporations who make changes that substantially undermine the legal compliance. Such actions necessarily include the ability to obtain legal injunctions which force the removal of a product utilizing the modified and offending frameworks from the market so long as they use ViraTrace intellectual property. [FOREGOING IS SAME AS PREVIOUSLY DISCUSSED, AMENDMENT ADDRESSING ONGOING DISCUSSION FOLLOWS] In drafting the VPSL 1.0.1, we have made significant modifications and changes to the APSL (v 1.0) that both impose the limitations we require for adequate control of our frameworks and products, but also grant contributors and developers additional rights and imposes restrictions on ViraTrace itself.



Specifically: 



(1) In Section 1, we added several definitions, including "Technical and Legal Compliance Review", "Disabling Update" and "Publicly Available". 



(2) In Section 2.2(b) we amended to require that Covered Code and Modifications (as defined in the license) be made publicly available for 24 months or for as long as the Covered Code is in use, whichever is longer. This facilitates transparency and permits the public to review the source for any potential legal challenges under applicable laws.



(3) Section 3(a) refers to reciprocol grants and sublicenses of Modifications to Covered Code by contributors and developers to third parties under the proposed license. ViraTrace is specifically excluded from these grants and sublicenses.



(4) Section 3(b) grants ViraTrace an irrevocable license to utilize Modifications by others strictly for purposes of Technical and Legal Compliance Review and enforcement of the Termination and Severability provisions of the license. ViraTrace is NOT permitted to merge code and utilize Modifications in subsequent releases.



(5) Section 9.1 has been significantly modified to require that in the event of a patent infringement claim being brought by a third party regarding the subject frameworks and products, ViraTrace must undertake one of two actions: ViraTrace must take every step necessary to properly license the infringing code, and during this process must modify the existing code to remove the infringement, OR if it is determined that a proper legal defense to infringement exists, must suspend the license until the proper outcome of any legal actions and then immediately and unconditionally restore the rights granted under the license.



(6) Section 12.1(c) provides the necessary mechanism for license termination in the event code is deemed after review to have failed Technical and Legal Compliance Review.



(7) Section 12.2 adds a provision to require that any developer terminated under Section 12.1 of the license must issue a "Disabling Update" as defined in the license. This is to prevent code which fails Technical and Legal Compliance Review from being further propagated and is designed to protect end users of such code from health, safety, data and privacy breaches caused by the offending code.



(8) Section 13.3 relates to Independent Development. It specifically permits ViraTrace to create frameworks, products and software which may directly compete with Modifications and products created contributors who utilize Covered Code. A significant limitation is placed on ViraTrace, however in that ViraTrace is expressly prohibited from utilizing direct knowledge of Modifications in the design and subsequent development of competing frameworks, products and software. This means that although ViraTrace receives and reviews Modifications from contributors and developers under the license, it cannot use that knowledge to design a competing product. Anything developed must be free from conflict of interest. This ties directly back to Section 3(a).



(9) Section 13.6 changes the venue for jurisdiction to the District of Colorado.



LEGAL REVIEW: None. As this license is modeled on previously drafted licenses, the bulk of the license has already undergone legal review and any further challenges are addressed in Section 13.5



PROLIFERATION CATEGORY: Although considered a "vanity" license, this type of license could be considered a "Special purpose" license due to the stated legal compliance needs and provisions. 



THE TEXT OF THE PROPOSED LICENSE IS ATTACHED IN PLAIN-TEXT FORMAT AND IS ALSO COPIED AND PASTED BELOW:



VIRATRACE PUBLIC SOURCE LICENSE

Version 1.0.1 - December 10, 2020



Please read this License carefully before downloading this software.

By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.



1. General; Definitions: This License applies to any program or other work which ViraTrace, LLC (“ViraTrace”) publicly announces as subject to this ViraTrace Public Source License and contains a notice placed by ViraTrace identifying such program or work as “Original Code” and stating that it is subject to the terms of the ViraTrace Restrictive Public Source License version 1.0 (or subsequent version thereof), as it may be revised from time to time by ViraTrace(“License”). As used in this License:



1.1 “Affected Original Code” means only those specific portions of  Original Code that allegedly infringe upon any party’s intellectual  property rights or are otherwise the subject of a claim of  infringement or other legal process.



1.2 “Applicable Patent Rights” means: (a) in the case where ViraTrace    

     Is the grantor of rights, (i) claims of patents that are now or  hereafter acquired, owned or assigned to ViraTrace and (ii) that  cover subject matter contained in the Original Code, but only to the  extent necessary to use, reproduce and/or distribute the Original  Code without infringement; and (b) in the case where You are the  grantor of rights, (i) claims of patents that are now or hereafter  acquired, owned by or assigned to You and (ii) that cover subject  matter in Your Modifications, taken alone or in combination with  Original Code.



1.3 “Covered Code” means the Original Code, Modifications, the  combination of Original Code and any Modifications, and/or any  respective portions thereof.



1.4 “Deploy” means to use, sublicense or distribute Covered Code, and  includes without limitation, any and all internal use or distribution  of Covered Code within your business or organization, specifically  including research and development (R&D) use, as well as direct or  indirect sublicensing or distribution of Covered Code by You to any  third party in any form or manner.



1.5 “Larger Work” means a work which combines Covered Code or  portions thereof with code not governed by the terms of this License.



1.6 “Modifications” mean any addition to, deletion from, and/or  change to, the substance and/or structure of Covered Code. When code  is released as a series of files, a Modification is: (a) any addition  to or deletion from the contents of a file containing Covered Code;  and/or (b) any new file or other representation of computer program  statements that contains any part of the Covered Code.



1.7 “Original Code” means (a) the Source Code of a program or other  work as originally made available by ViraTrace under this License,  including Source Code of any updates or upgrades to such programs or  works made available by ViraTrace under this License, and that has  been expressly identified by ViraTrace as such in the header file(s)  of such work; and (b) the object code compiled from such Source Code  and originally made available by ViraTrace under this License.



1.8 “Source Code” means the human or optical character recognition  (OCR) readable form of a program or other work that is suitable for  making modifications to it, including all modules it contains, plus  any associated interface definition files, scripts used to control  compilation and installation of an executable (object code).



1.9 “You” or “Your” means an individual or a legal entity exercising  rights under this License. For legal entities, “You” or “Your”  includes any entity which controls, is controlled by, or is under  common control with, You, where “control” means (a) the power, direct  or indirect, to cause the direction or management of such entity,  whether by contract or otherwise, or (b) ownership of thirty-three  percent (33%) or more of the outstanding shares or beneficial  ownership of such entity.



1.10 “Technical and Legal Compliance Review” means any process by  which Covered Code submitted by You to determine if Your  Modifications cause the Covered Code to fall out of compliance with  Applicable Laws is undertaken by ViraTrace and/or its subsidiaries.  For purposes of this definition, Applicable Laws shall mean any law  which is intended to provide a legal framework for compliance with  health, safety, personal privacy or other such concerns. Applicable  Laws shall include, but not be limited to, the Health Information  Portability and Privacy Act (HIPPA) and the General Data Protection  Regulation (GDPR).



1.11 “Disabling Update” means a mandatory software update to any  application or software product which has utilized Covered Code, and  that has specifically been designed to prevent further usage of such  application or software product and the Covered Code within.



1.12 “Publicly Available” means any Covered Code or Your  Modifications to Covered Code which are available to anyone outside  of Your organization or entity upon request, either thru electronic  or other distribution means, regardless of whether those means are  controlled by a third party.



2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, ViraTrace hereby grants You, effective on the date You accept this License and download or utilize any portion of the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of ViraTrace’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:



2.1 You may use, copy, modify and distribute Original Code, with or  without Modifications, solely for Your internal research and  development (R&D), provided that You must in each instance:



(a) retain and reproduce in all copies of Original Code the  copyright and other proprietary notices and disclaimers of  ViraTrace as they appear in the Original Code, and keep intact  all notices in the Original Code that refer to this License;



(b) include a copy of this License with every copy of Source  Code of Covered Code and documentation You distribute, and You  may not offer or impose any terms on such Source Code that alter  or restrict this License or the recipients’ rights hereunder,  except as permitted under Section 6; and



(c) completely and accurately document all Modifications that  you have made and the date of each such Modification, designate  the version of the Original Code You used, prominently include a  file carrying such information with the Modifications, and  duplicate the notice in Exhibit A in each file of the Source  Code of all such Modifications. 



2.2 You may Deploy Covered Code, provided that You must in each  instance:



(a) satisfy all the conditions of Section 2.1 with respect to  the Source Code of the Covered Code;



(b) make all Your Deployed Modifications publicly available in  Source Code form via electronic distribution (e.g. download from  a Git repository) under the terms of this License and subject to  the License grants set forth in Section 3 below, and any  additional terms You may choose to offer under Section 6. You  must continue to make the Source Code of Your Deployed  Modifications available for as long as you Deploy the Covered  Code or twenty-four (24) months from the date of initial  Deployment, whichever is longer;



(c) if You Deploy Covered Code containing Modifications made by  You, inform ViraTrace of such Modifications by submitting the  documentation required by Section 2.1(c) and a copy of Covered  Code via electronic mail to mailto:management at viratrace.us, if  available; and



(d) if You Deploy Covered Code in object code, executable form  only, include a prominent notice, in the code itself as well as  in related documentation, stating that Source Code of the  Covered Code is available under the terms of this License with  information on how and where to obtain such Source Code.



3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:



(a) You hereby grant to all third parties (exclusive of ViraTrace  and/or its subsidiaries) a non-exclusive, royalty-free license, under  Your Applicable Patent Rights and other intellectual property rights  owned or controlled by You, to use, reproduce, modify, distribute and  Deploy Your Modifications of the same scope and extent as ViraTrace’s  licenses under Sections 2.1 and 2.2; and



(b) You hereby grant to ViraTrace and its subsidiaries a non- exclusive, worldwide, royalty-free, perpetual and irrevocable  license, under Your Applicable Patent Rights and other intellectual  property rights owned or controlled by You, to use, reproduce,  execute, compile, display, perform, modify or have modified (for  ViraTrace and/or its subsidiaries), and distribute Your  Modifications, in any form, through multiple tiers of distribution  solely for purposes of Technical and Legal Compliance Review, and  enforcement of the Termination and Severability clauses of this  License. 



4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.



5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by ViraTrace herein. Modifications and/or Larger Works may require additional patent licenses from ViraTrace which ViraTrace may grant in its sole discretion.



6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of ViraTrace. You must obtain the recipient’s express agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold ViraTrace harmless for any liability incurred by or claims asserted against ViraTrace by reason of any such Additional Terms.



7. Versions of the License. ViraTrace may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by ViraTrace. No one other than ViraTrace has the right to modify the terms applicable to Covered Code created under this License.



8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND VIRATRACE AND VIRATRACE’S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, VIRATRACE AND VIRATRACE’S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS “VIRATRACE”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VIRATRACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRATRACE OR A VIRATRACE AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.



9. Liability.



9.1 Infringement. If any portion of, or functionality implemented by,  the Original Code becomes the subject of a claim of infringement,  ViraTrace must, at its option: (a) attempt to procure the rights  necessary for ViraTrace and You to continue using the Affected  Original Code, and in the interim modify the Affected Original Code  so that it is no longer infringing; or (b) suspend Your rights to  use, reproduce, modify, sublicense and distribute the Affected  Original Code until a final determination of the claim is made by a  court or governmental agency of competent jurisdiction and ViraTrace  lifts the suspension as set forth below. Such suspension of rights  will be effective immediately upon ViraTrace’s posting of a notice to  such effect on the Git repository that is used for implementation of  this License.  Upon such final determination being made, if ViraTrace  is legally able, without the payment of a fee or royalty, to  resume use, reproduction, modification, sublicensing and  distribution of the Affected Original Code, ViraTrace shall lift  the suspension of rights to the Affected Original code by  posting a notice to such effect on the Git repository that is used  for implementation of this License. If ViraTrace suspends your rights  to Affected Original Code, nothing in this License shall be construed  to restrict You, at Your option  and subject to applicable law,  from replacing the Affected Original code with non-infringing code or  independently negotiating for necessary rights from such third party.



9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIRATRACE  BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL  DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR  INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER  UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),  PRODUCTS LIABILITY OR OTHERWISE, EVEN IF VIRATRACE HAS BEEN ADVISED  OF THE POSSIBILITY OF SUCH DAMAGES AND AND NOTWITHSTANDING THE  FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall  ViraTrace’s total liability to You for all damages and attorney’s  fees under this License exceed the amount of fifty United States  dollars ($50.00).



10. Trademarks. This License does not grant any rights to use the trademarks or trade names “ViraTrace”, ViraTrace, LLC”, “ViraTrace BLE” or any other trademarks or trade name belonging to ViraTrace (collectively “ViraTrace Marks”) and no ViraTrace Marks may be used to endorse or promote products derived from the Original Code other than as permitted and in strict compliance at all times with ViraTrace’s third party trademark usage guidelines which may be obtained by sending an electronic mail request to mailto:management at viratrace.us.



11. Ownership. ViraTrace retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of ViraTrace (“ViraTrace Modifications”), and such ViraTrace Modifications will not be automatically subject to this License. ViraTrace may, at its sole discretion, choose to license such ViraTrace Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. ViraTrace’s development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.



12. Termination. 



12.1 This License and the rights granted hereunder will terminate:



(a) automatically without notice from ViraTrace if you fail to  comply with any term(s) of this License and fail to cure such  breach within 30 calendar days of becoming aware of such breach;



(b) immediately in the event of the circumstances described in  Section 13.5(b);



(c) automatically without notice from ViraTrace if the results  of a Technical and Legal Compliance Review undertaken by  ViraTrace and/or its subsidiaries pursuant to Section 3(b)  determine that Your Modifications to Covered Code are out of  Technical and Legal Compliance with Applicable Laws as defined  in Section 1.10 and You fail to pass a secondary Technical and  Legal Compliance Review within 7 calendar days of becoming aware  of such results; or



(d) automatically without notice from ViraTrace if You, at any  time during the term of this License, commence and action for  patent infringement against ViraTrace and/or its subsidiaries.



12.2 Effect of Termination. Upon termination, You agree to  immediately and without delay stop any further use, reproduction,  modification, sublicensing and distribution of the Covered Code and  to destroy all copies of the Covered Code that are in your possession  or control. In the event Your use of the Covered Code was in the  development and creation of a free or paid Publicly Available  application or software product, you agree to immediately and without  delay remove such application or software product from any and all  applicable distribution  platforms and to stop any further use via  release of a mandatory Disabling Update as defined in Section 1.11.  All sublicenses to the Covered Code which have been properly granted  prior to  termination shall survive any termination of this License.  Provisions which, by their nature, should remain in effect beyond  the termination of this License shall survive, including but not  limited to Sections 3,5,8,9,10,11,12.2 and 13. Neither party will  be liable to the other for compensation, indemnity or damages of  any sort solely as a result of terminating this License  in accordance with its terms, and termination of this License will be  without prejudice to any other right or remedy of either party.



13. Miscellaneous.



13.1 Government End Users. The Covered Code is a “commercial item” as  defined in FAR 2.101. Government software and technical data rights  in the Covered Code include only those rights customarily provide to  the public as defined in this License. This customary commercial  license in technical data and software is provided in accordance with  FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for  Department of Defense purchases, DFAR 252.277-7015 (Technical data —  Commercial Items) and 227.7202-3 (Rights in Commercial Computer  Software or Computer Software Documentation). Accordingly, all U.S.  Government End Users acquire Covered Code with only those rights set  forth herein.



13.2 Relationship of Parties. This License shall not be construed as  creating an agency, partnership, joint venture or any other form of  legal association between You and ViraTrace, and You will not  represent to the contrary, whether expressly, by implication,  appearance or otherwise.



13.3 Independent Development. Nothing in this License will impair  ViraTrace’s right to acquire, license, develop, have others develop  for it, market and/or distribute technology or products that perform  the same or similar function as, or otherwise compete with,  Modifications, Larger Works, technology or products that You may  develop, produce, market or distribute; except that ViraTrace and/or  its subsidiaries may not utilize knowledge of your Modifications  obtained under the terms of this License to design, develop, have  others develop for it, market and/or distribute technology or  products that that perform the same or similar function as, or  otherwise compete with, Modifications, Larger Works, technology or  products that You may develop, produce, market or distribute.



13.4 Waiver; Construction. Failure by ViraTrace to immediately  enforce any provision of this License will not be deemed a waiver of  future enforcement of that or any other provision. Any law or  regulation which provides that the language of a contract shall be  construed agains the drafter will not apply to this License.



13.5 Severability. (a) If for any reason a court of competent  jurisdiction finds any provision of this License, or portion thereof,  to be unenforceable, that provision of the License will be enforced  to the maximum extent permissible so as to effect the economic  benefits and intent of the parties, and the remainder of this License  will continue in full force and effect. (b) Notwithstanding the  foregoing, if applicable law prohibits or restricts You from fully  and/or specifically complying with Section 2 and/or 3 or to issue a  Disabling Update as defined in Section 1.11 and required by Section  12.2 or prevents the enforceability of those Sections, this License  will immediately terminate and You must immediately discontinue any  use of the Covered Code and destroy all copies of it that are in Your  possession or control.



13.6 Dispute Resolution. Any litigation or other dispute resolution  between You and ViraTrace relating to this License shall take place  in the District of Colorado, and You and ViraTrace hereby consent to  the personal jurisdiction of, and venue in, the state and federal  courts within that District with respect to this License. The  application of the United Nations Convention on Contracts for the  International Sale of Goods is expressly excluded. 



13.7 Entire Agreement; Governing Law. This License constitutes the  entire agreement between the parties with respect to the subject  matter hereof. This License shall be governed by the laws of the  United States and the State of Colorado, except that body of Colorado  law concerning conflicts of law.

Where You are located in the province of Quebec, Canada, the  following clause applies: The parties hereby confirm that they have  requested this License and all related documents be drafted English.  Les parties ont exige que le present contrat et tous les documents  connezes soient rediges en angles.



EXHIBIT A. 



"Portions Copyright (c) 1999-2007 ViraTrace LLC.  All Rights Reserved.



This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the ViraTrace Public Source License Version 1.0 (the 'License').  You may not use this file except in compliance with the License.  Please obtain a copy of the License at https://github.com/ViraTrace/License and read it before using this file.



The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ViraTrace HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.  Please see the License for the specific language governing rights and limitations under the License." 


Regards,



Wayne M. Thornton, B.S., CPDT
Co-Founder & Project Manager
VIRATRACE©
720-766-0254 – Direct
https://www.viratrace.org/rg


Be sure to join our https://teams.microsoft.com/join/lw83179ktnqf channel for updates and to contribute!

This message is intended only for the individual or entity to which it is addressed. It may contain privileged, confidential information which is exempt from disclosure under applicable laws. If you are not the intended recipient, please note that you are strictly prohibited from disseminating or distributing this information (other than to the intended recipient) or copying this information. If you have received this communication in error, please notify us immediately by e-mail. Thank you.





---- On Thu, 10 Dec 2020 11:36:28 -0700 Josh Berkus <josh at berkus.org> wrote ----


On 12/9/20 6:53 PM, Wayne Thornton wrote: 
> First, regarding rationale: Our company is in the business of creating 
> frameworks and software products which facilitate automated contact 
> tracing initiatives across the globe. These frameworks and products must 
> be GDPR- and HIPPA-compliant and have been designed to be such, with 
> strict, ongoing legal review processes undertaken to ensure this. The 
> frameworks and products that we create are designed to be utilized by 
> governmental agencies and private corporations in the creation of 
> applications and platforms which aid in the fight against COVID-19 and 
> future pandemic scenarios. In order for this to be of benefit, the 
> frameworks and software we develop must be open source, so that the 
> governmental agencies and private corporations can be free to utilize 
> them. Unfortunately, due to the legal compliance issues vis-a-vis GDPR 
> and HIPPA, a level of control regarding development must be maintained. 
> It is our position that the GNU and other OSI-approved licenses do not 
> provide this level of control.  
 
I'm curious: did you consider, and reject, the CAL for this purpose?  If 
you did, why was the CAL inadequate? 
 
I'm asking because the purpose you give above is exactly the sort of 
thing for which we passed the CAL (at least, it was my motivation). 
 
 
-- 
Josh Berkus
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