[License-discuss] U.S. Army Research Laboratory Open Source License (ARL OSL) Version 0.4.1

Karan, Cem F CIV USARMY RDECOM ARL (US) cem.f.karan.civ at mail.mil
Mon Feb 27 17:01:14 UTC 2017


All, I've been asked to republish the U.S. Army Research Laboratory Open 
Source License (ARL OSL) once again so that others can read it.  This is the 
most current copy.  It is based off of the Apache 2.0 license that can be 
found at http://www.apache.org/licenses/LICENSE-2.0.txt, and is intended to 
make US Government (USG) works released under it completely interoperable with 
the Apache 2.0 license, while still dealing with the fact that most USG works 
do not have copyright protections.  See further down this message as to why 
this is necessary.

The goals of the license are as follows:

- Protect the USG, contributors, and users of all work licensed under the 
license against lawsuits in the same manner that the Apache 2.0 license 
protects those groups when works have copyright.

- Be interoperable with Apache 2.0.  Ideally, there would be no airgap between 
the ARL OSL and Apache 2.0, however because USG works don't have copyright, 
there will be some airgap.  For works that have copyright, the Apache 2.0 
license is preferable.  If a project is licensed under the ARL OSL, it should 
be able to accept works that are licensed under the Apache 2.0 license, **and 
the contribution should be able to remain licensed under Apache 2.0**.  This 
will mean that portions of the USG sponsored project will be relicensed under 
ARL OSL and other portions under Apache 2.0.  I don't know if the ARL OSL 
meets those goals, if anyone sees a problem with this interpretation, please 
say so.

- Protect Open Source.  That is, the ARL OSL should meet the Open Source 
Definition at https://opensource.org/osd.  If the ARL OSL doesn't meet these 
requirements, then it needs to be corrected.

For those that don't know why we're pushing a new license/agreement, this is a 
quick recap of the problems (search through the mailing list archives to see 
more of what the problems are if you're interested).

In most cases, the USG doesn't allow itself to have copyright on USG-produced 
works within the US.  This means that if a license has clauses that depend on 
copyright for enforcement, then those clauses are likely unenforceable, at 
least for those portions of the code that were USG-produced.  By itself, this 
probably wouldn't be a major problem; the truly serious issue is severability 
(https://en.wikipedia.org/wiki/Severability).  The concern is that if the USG 
uses a license that depends on copyright (e.g., Apache 2.0), and those clauses 
are declared unenforceable by the courts, then it may be possible to declare 
the entire license unenforceable.  If you read the Apache 2.0 license, you'll 
notice that the Apache Foundation did an (IMHO) excellent job of dealing with 
liability, warranty, and IP rights, protecting not only groups accepting 
contributions, but also all downstream users.  Losing that protection could 
harm not only the USG, but also all downstream users as a flurry of litigation 
happens.  This could cause a chilling effect on the USG, making upper 
management far less interested in participating in Open Source, or even 
permitting USG works to be released as Open Source.

I personally don't want to see that happen.  I want to ensure that Open Source 
remains Open Source, and that the gates to litigation Hell remain firmly 
closed.  This is why I'm not willing to risk using copyright-based licenses on 
works that don't have copyright attached.  If you believe that this isn't a 
concern, I respect your opinion, but I'd like to see case law, or better yet, 
Federal law that prevents this sort of problem from popping up.  So far, 
neither I, nor the lawyers at ARL, nor the lawyers at the Justice department 
have been able to find any case law or laws explaining what would happen in 
such a case.  If you know of such laws or case law, please let me know.

For those that believe these concerns are invalid, I'd like to issue a 
challenge to you; would you be willing to enter into a binding contract with 
the USG indemnifying it and its agents against the problems outlined above? 
That is, if the USG uses a copyright-based license on works it produces that 
have no copyright attached, and that license is declared invalid because the 
works have no copyright attached, would you be willing to indemnify the 
USG[1]?  If you aren't, then you may wish to reconsider your arguments against 
having another license/agreement put in place.

[1] I do not have the authority to negotiate on behalf of the USG, and these 
are not negotiations.  This is just a strawman argument to make everyone 
**really think** about the issues facing the USG, and why we're being so 
careful in what we're doing.

Thanks,
Cem Karan

"""
        U.S. Army Research Laboratory Open Source License (ARL OSL)
                       Version 0.4.1, August 2016
                        http://no/URL/as/yet

   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

   1. Definitions.

      "License" shall mean the terms and conditions for use, reproduction,
      and distribution as defined by Sections 1 through 10 of this document.

      "Licensor" shall mean the project originator or entity authorized by
      the project originator that is granting the License.

      "Legal Entity" shall mean the union of the acting entity and all
      other entities that control, are controlled by, or are under common
      control with that entity. For the purposes of this definition,
      "control" means (i) the power, direct or indirect, to cause the
      direction or management of such entity, whether by contract or
      otherwise, or (ii) ownership of fifty percent (50%) or more of the
      outstanding shares, or (iii) beneficial ownership of such entity.

      "You" (or "Your") shall mean an individual or Legal Entity
      exercising permissions granted by this License.

      "Source" form shall mean the preferred form for making modifications,
      including but not limited to software source code, documentation
      source, and configuration files.

      "Object" form shall mean any form resulting from mechanical
      transformation or translation of a Source form, including but
      not limited to compiled object code, generated documentation,
      and conversions to other media types.

      "Work" shall mean the work of authorship, whether in Source or
      Object form, made available under the License, as indicated by a
      notice that is included in or attached to the work
      (an example is provided in the Appendix below).

      "Derivative Works" shall mean any work, whether in Source or Object
      form, that is based on (or derived from) the Work and for which the
      editorial revisions, annotations, elaborations, or other modifications
      represent, as a whole, an original work of authorship. For the purposes
      of this License, Derivative Works shall not include works that remain
      separable from, or merely link (or bind by name) to the interfaces of,
      the Work and Derivative Works thereof.

      "Contribution" shall mean any work of authorship, including
      the original version of the Work and any modifications or additions
      to that Work or Derivative Works thereof, that is intentionally
      submitted to Licensor for inclusion in the Work by the author
      or by an individual or Legal Entity authorized to submit on behalf of
      the author. For the purposes of this definition, "submitted"
      means any form of electronic, verbal, or written communication sent
      to the Licensor or its representatives, including but not limited to
      communication on electronic mailing lists, source code control systems,
      and issue tracking systems that are managed by, or on behalf of, the
      Licensor for the purpose of discussing and improving the Work, but
      excluding communication that is conspicuously marked or otherwise
      designated in writing by the author as "Not a Contribution."

      "Contributor" shall mean Licensor and any individual or Legal Entity
      on behalf of whom a Contribution has been received by Licensor and
      subsequently incorporated within the Work.

   2. Grant of Copyright License. Subject to the terms and conditions of
      this License, where copyright exists, each Contributor hereby grants to 
You a perpetual,
      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
      copyright license to reproduce, prepare Derivative Works of,
      publicly display, publicly perform, sublicense, and distribute the
      Work and such Derivative Works in Source or Object form.

   3. Grant of Patent License. Subject to the terms and conditions of
      this License, each Contributor hereby grants to You a perpetual,
      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
      (except as stated in this section) patent license to make, have made,
      use, offer to sell, sell, import, and otherwise transfer the Work,
      where such license applies only to those patent claims licensable
      by such Contributor that are necessarily infringed by their
      Contribution(s) alone or by combination of their Contribution(s)
      with the Work to which such Contribution(s) was submitted. If You
      institute patent litigation against any entity (including a
      cross-claim or counterclaim in a lawsuit) alleging that the Work
      or a Contribution incorporated within the Work constitutes direct
      or contributory patent infringement, then any patent licenses
      granted to You under this License for that Work shall terminate
      as of the date such litigation is filed.

   4. Redistribution. You may reproduce and distribute copies of the
      Work or Derivative Works thereof in any medium, with or without
      modifications, and in Source or Object form, provided that You
      meet the following conditions:

      (a) You must give any other recipients of the Work or
          Derivative Works a copy of this License; and

      (b) You must cause any modified files to carry prominent notices
          stating that You changed the files; and

      (c) You must retain, in the Source form of any Derivative Works
          that You distribute, all copyright, patent, trademark, and
          attribution notices from the Source form of the Work,
          excluding those notices that do not pertain to any part of
          the Derivative Works; and

      (d) If the Work includes a "NOTICE" text file as part of its
          distribution, then any Derivative Works that You distribute must
          include a readable copy of the attribution notices contained
          within such NOTICE file, excluding those notices that do not
          pertain to any part of the Derivative Works, in at least one
          of the following places: within a NOTICE text file distributed
          as part of the Derivative Works; within the Source form or
          documentation, if provided along with the Derivative Works; or,
          within a display generated by the Derivative Works, if and
          wherever such third-party notices normally appear. The contents
          of the NOTICE file are for informational purposes only and
          do not modify the License. You may add Your own attribution
          notices within Derivative Works that You distribute, alongside
          or as an addendum to the NOTICE text from the Work, provided
          that such additional attribution notices cannot be construed
          as modifying the License.

      You may add Your own copyright statement to Your modifications and
      may provide additional or different license terms and conditions
      for use, reproduction, or distribution of Your modifications, or
      for any such Derivative Works as a whole, provided Your use,
      reproduction, and distribution of the Work otherwise complies with
      the conditions stated in this License.

   5. Submission of Contributions. Unless You explicitly state otherwise,
      any Contribution intentionally submitted for inclusion in the Work
      by You to the Licensor shall be under the terms and conditions of
      this License, without any additional terms or conditions.
      Notwithstanding the above, nothing herein shall supersede or modify
      the terms of any separate license agreement you may have executed
      with Licensor regarding such Contributions.

   6. Trademarks. This License does not grant permission to use the trade
      names, trademarks, service marks, or product names of the Licensor,
      except as required for reasonable and customary use in describing the
      origin of the Work and reproducing the content of the NOTICE file.

   7. Disclaimer of Warranty. Unless required by applicable law or
      agreed to in writing, Licensor provides the Work (and each
      Contributor provides its Contributions) on an "AS IS" BASIS,
      WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
      implied, including, without limitation, any warranties or conditions
      of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
      PARTICULAR PURPOSE. You are solely responsible for determining the
      appropriateness of using or redistributing the Work and assume any
      risks associated with Your exercise of permissions under this License.

   8. Limitation of Liability. In no event and under no legal theory,
      whether in tort (including negligence), contract, or otherwise,
      unless required by applicable law (such as deliberate and grossly
      negligent acts) or agreed to in writing, shall any Contributor be
      liable to You for damages, including any direct, indirect, special,
      incidental, or consequential damages of any character arising as a
      result of this License or out of the use or inability to use the
      Work (including but not limited to damages for loss of goodwill,
      work stoppage, computer failure or malfunction, or any and all
      other commercial damages or losses), even if such Contributor
      has been advised of the possibility of such damages.

   9. Accepting Warranty or Additional Liability. While redistributing
      the Work or Derivative Works thereof, You may choose to offer,
      and charge a fee for, acceptance of support, warranty, indemnity,
      or other liability obligations and/or rights consistent with this
      License. However, in accepting such obligations, You may act only
      on Your own behalf and on Your sole responsibility, not on behalf
      of any other Contributor, and only if You agree to indemnify,
      defend, and hold each Contributor harmless for any liability
      incurred by, or claims asserted against, such Contributor by reason
      of your accepting any such warranty or additional liability.

   10. All or part of this work is in the public domain and not subject
      to copyright.  If any part of this work is deemed copyrightable,
      now or in the future, its Contributors agree that such copyrightable
      parts may be distributed under the terms of this License.

   END OF TERMS AND CONDITIONS

   APPENDIX: How to apply the U.S. Army Research Laboratory Open Source 
License (ARL OSL) to your work.

      To apply the ARL OSL to your work, attach the following
      boilerplate notice, with the fields enclosed by brackets "[]"
      replaced with your own identifying information. (Don't include
      the brackets!)  The text should be enclosed in the appropriate
      comment syntax for the file format. We also recommend that a
      file or class name and description of purpose be included on the
      same "printed page" as the notice for easier
      identification within third-party archives.

   [yyyy] [name of Licensor]

   Licensed under the U.S. Army Research Laboratory Open Source License (ARL 
OSL), Version 0.4.1 (the "License");
   you may not use this file except in compliance with the License.
   You may obtain a copy of the License at

       http://no/URL/as/yet

   Unless required by applicable law or agreed to in writing, software
   distributed under the License is distributed on an "AS IS" BASIS,
   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
   See the License for the specific language governing permissions and
   limitations under the License.
"""
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 6419 bytes
Desc: not available
URL: <http://lists.opensource.org/pipermail/license-discuss_lists.opensource.org/attachments/20170227/6fa9ae83/attachment.p7s>


More information about the License-discuss mailing list