Are you asking what happens in foreign jurisdictions if the license is invalidated within the USA? I have no idea; I don't even know what will happen within the USA in that case. Maybe one of the lawyers on the list could comment?
Thanks, Cem Karan > -----Original Message----- > From: License-discuss [mailto:[email protected]] On > Behalf Of Diane Peters > Sent: Thursday, August 18, 2016 3:28 PM > To: [email protected] > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] Re: U.S. > Army Research Laboratory Open Source License (ARL OSL) > 0.4.0 > > All active links contained in this email were disabled. Please verify the > identity of the sender, and confirm the authenticity of all links > contained within the message prior to copying and pasting the address to a > Web browser. > > > ________________________________ > > > > Copyright is not available for US government works as a matter of US > copyright law (section 105), but that does not mean those works > may not be restricted by copyright laws of other countries. Congress > contemplated that expressly. > > > “The prohibition on copyright protection for United States Government > works is not intended to have any effect on protection of > these works abroad. Works of the governments of most other countries are > copyrighted. There are no valid policy reasons for denying > such protection to United States Government works in foreign countries, or > for precluding the Government from making licenses for the > use of its works abroad.” > > Notes of Committee on the Judiciary (re Section 105), H.R. Rep. No. > 1476, 94th Cong., 2d Sess. 59 (1976) > > > Given this, it remains unclear how a license to the worldwide public would be > invalidated by a court? Please say more. > > > On Thu, Aug 18, 2016 at 10:51 AM, Karan, Cem F CIV USARMY RDECOM ARL (US) > <[email protected] < Caution- > mailto:[email protected] > > wrote: > > > The only reason that the ARL OSL was proposed AT ALL is because there > is a > strong concern that since USG code doesn't have copyright [1], any > license > that relies exclusively on copyright may be invalidated by the courts > [2]. If > the USG had copyright, then I could stop pushing the ARL OSL entirely > as we > could use any of the OSI-supplied licenses. > > So to be 100% clear, we don't know if any copyright-based license will > stand > up in court for works that don't have copyright attached. The only > reason > that the ARL OSL was proposed was to deal with that particular > situation. If > you have case law where the USG won a lawsuit over material licensed > under one > of the copyright-based OSI licenses where there was no claim of > copyright, > please provide it. I can pass that to the ARL Legal team who can then > review > it. > > Thanks, > Cem Karan > > [1] I'm making the usual assumption that this was code created by USG > employees in the course of their duties; copyright can be assigned to > the USG > where and when it exists, but I'm ignoring that for right now. > > [2] My expectation is that it would be invalidated for the USG-supplied > portion, but not for any portion that had copyright attached. Note > that this > is just my opinion, and I have nothing to back it up. IANAL. > > > -----Original Message----- > > From: License-discuss > [Caution-mailto:[email protected] < > Caution-mailto:license-discuss- > [email protected] > ] On > > Behalf Of Smith, McCoy > > Sent: Wednesday, August 17, 2016 2:54 PM > > To: [email protected] < > Caution-mailto:[email protected] > > > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] > Re: > > U.S. Army Research Laboratory Open Source License (ARL OSL) > > 0.4.0 > > > > Or to put a finer point on it, the other issues you identify appear > to be > > ones that are explicitly addressed in many already-approved OSI > > licenses, including Apache 2.0, the one you are modeling your license > upon. > > > > I hope you're getting a sense that there are several lawyers on this > mailing > > list -- lawyers who have years of experience looking at, > > debating, and giving advice on the issues you identify in this > submission -- > > who think that your proposed license is a variant of Apache 2.0 > > designed to solve a "problem" for USG users with Apache 2.0 that we > are > > skeptical even exists. Perhaps the ARL lawyers can clarify what > > the problem is, and that we are missing something. But I think at > least I > > am having a hard time understanding how this license does > > anything that Apache 2.0 doesn't. > > > > -----Original Message----- > > From: License-discuss > > [Caution-Caution-mailto:[email protected] < > Caution-mailto:[email protected] > ] > On Behalf Of Richard > > Fontana > > Sent: Wednesday, August 17, 2016 11:33 AM > > To: [email protected] < > Caution-mailto:[email protected] > > > Subject: Re: [License-discuss] [Non-DoD Source] Re: [Non-DoD Source] > Re: > > U.S. Army Research Laboratory Open Source License (ARL OSL) > > 0.4.0 > > > > On Wed, Aug 17, 2016 at 06:17:07PM +0000, Karan, Cem F CIV USARMY > RDECOM ARL > > (US) wrote: > > > > > > Once again, liability isn't the only issue; there are also copyright > > > issues (for contributors), and IP issues. If we could solve the > > > problem via a simple disclaimer of liability, we would. We need to > handle > > > ALL the issues. > > > > Even if you were correct in the assertions you've made about ARL > code, why > > is a new license needed for contributors other than ARL? > > > > _______________________________________________ > License-discuss mailing list > [email protected] < > Caution-mailto:[email protected] > > > Caution-https://lists.opensource.org/cgi-bin/mailman/listinfo/license-discuss > < Caution-https://lists.opensource.org/cgi- > bin/mailman/listinfo/license-discuss > > > >
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