[License-review] Los Alamos National Labs BSD-3 Variant License Approval

Mon Oct 7 11:00:00 UTC 2024

Hi all,

This license page is now available at
https://opensource.org/license/los-alamos-national-labs-bsd-3-variant

On Sat, Oct 5, 2024 at 7:10 PM Pamela Chestek <pamela.chestek at opensource.org>
wrote:

> All,
>
> At its Board meeting on September 20, 2024, the Board adopted the
> recommendation of the License Review Committee and *approved *the Los
> Alamos National Labs BSD-3 Variant License as an Open Source Initiative
> Certified License.
>
> Pamela Chestek
> Chair, License Committee
> Open Source Initiative
>
>
> On 9/13/2024 10:03 PM, Pamela Chestek wrote:
>
> All,
>
> Below is the recommendation of the License Committee that the Los Alamos
> National Labs BSD-3 Variant License be approved as an Open Source
> Initiative Certified license. The Board will vote on the license at the
> next Board meeting, scheduled for September 20.
>
> Please respond to this email if you have any comments or questions.
>
> Pamela Chestek
> Chair, License Committee
> Open Source Initiative
>
>
> ==========
>
>
> License: Los Alamos National Labs BSD-3 Variant License (Exhibit A)
> Submitted: June 26, 2024,
> https://lists.opensource.org/pipermail/license-review_lists.opensource.org/2024-June/005490.html
> Decision date: due no later than the first Board meeting after August 26,
> 2024
>
> License Review Committee Recommendation:
>
>
> *Resolved that it is the opinion of the OSI that the Los Alamos National
> Labs BSD-3 Variant License be approved as an Open Source Initiative
> Certified license in the Non-Reusable category of licenses. *
> *Rationale Document*
>
> Notes: This is a legacy license, already in use for a number of projects
> created under the auspices of the Los Alamos National Lab. It is a standard
> BSD-3 license with an additional disclaimer that imposes only a restriction
> that changes to the software must be marked, which is commonly found in
> open source licenses. There was only one substantive comment on the
> license, which was that it should be approved.
>
> *Exhibit A*
>
> Copyright (c) XXXX, Los Alamos National Security, LLC
> All rights reserved.
> Copyright XXXX. Los Alamos National Security, LLC. This software was
> produced under U.S. Government contract DE-AC52-06NA25396 for Los Alamos
> National Laboratory (LANL), which is operated by Los Alamos National
> Security, LLC for the U.S. Department of Energy. The U.S. Government has
> rights to use, reproduce, and distribute this software.  NEITHER THE
> GOVERNMENT NOR LOS ALAMOS NATIONAL SECURITY, LLC MAKES ANY WARRANTY,
> EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY FOR THE USE OF THIS SOFTWARE.
> If software is modified to produce derivative works, such modified software
> should be clearly marked, so as not to confuse it with the version
> available from LANL.
>
> Additionally, 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 Los Alamos National Security, LLC, Los Alamos
> National Laboratory, LANL, the U.S. Government, 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 LOS ALAMOS NATIONAL SECURITY, LLC 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 LOS ALAMOS NATIONAL
> SECURITY, LLC OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
> INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
> NOT LIMITED TO, PROCUREMENT OF 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.
>
>
> On 6/26/2024 8:50 AM, Pettinger, Adam L via License-review wrote:
>
> Hello,
>
> We are trying to get a package (
> https://github.com/UTNuclearRoboticsPublic/netft_utils) distributed, and
> there is a small ambiguity in the licensing situation, see here (
> https://github.com/ros/rosdistro/pull/41583) for discussion.
>
> We determined that the best way forward is to get the license for the
> project approved by the OSI. See the attached file for the license text,
> but it is basically a Los Alamos National Lab (LANL) flavored BSD-3, and
> would be similar to (https://opensource.org/license/bsd-3-clause-lbnl).
>
> I believe the legacy license path makes the most sense for this, although
> that depends on how "unrelated" the entities must be. Here is a list of
> projects using the license (
> https://www.lanl.gov/software/open-source-software.php), and they are
> only related in that
>
>    1. The authors have some affiliation with LANL and
>    2. The Feynman Center at LANL has approved them for open source
>    release.
>
> The reason I think legacy makes sense is that the license is already used
> many places, and the ability to change the wording in it at this point is
> questionable.
>
> I will follow the legacy submission going forward, but please let me know
> if you think I should update and switch to the new license requirements.
> Per the guidelines on the website:
>
>    - The license text is attached
>    - It complies with the Open Source Definition, including clauses 3, 5,
>    6, and 9
>    - Here is a list of projects using the license: (
>    https://www.lanl.gov/software/open-source-software.php)
>    - The lisence steward would be the Intellectual Property Team at the
>    Richard P. Feynman Center for Innovation at LANL. Phone: (505) 665-9090.
>    Email: software at lanl.gov
>    - Unknown other approvals or information
>    - Following (https://opensource.org/license/bsd-3-clause-lbnl), I
>    propose the name: Los Alamos National Lab BSD Variant License and
>    identifier BSD-3-Clause-LANL
>    - No other existing IDs
>
> If it must be considered a new license, additional information would be:
>
>    - Gap to be filled: ability to release projects approved by LANL and
>    using their license
>    - The most similiar (https://opensource.org/license/bsd-3-clause-lbnl),
>    and really is quite close. Mostly just substituting LBNL naming with LANL
>    naming
>    - Not sure what review the license has been through
>
>
> Please let me know if you have any questions, thanks!
>
> *Adam Pettinger*
>
> Senior Research Engineer
>
> adam.pettinger at tamu.edu
>
> *TEXAS A&M ROBOTICS AND AUTOMATION DESIGN LAB*
>
> https://rad.engr.tamu.edu/
>
>
>
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>
>
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>
> --
> Pamela S. Chestek Chair, License Committee Open Source Initiative
> _______________________________________________
> The opinions expressed in this email are those of the sender and not
> necessarily those of the Open Source Initiative. Communication from the
> Open Source Initiative will be sent from an opensource.org email address.
>
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