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Checking the ARL's scheme for releasing software



Good morning, my name is Cem Karan.  I am the person that wrote the US Army 
Research Laboratory (ARL) Software Release Process for Unrestricted Release 
(https://github.com/USArmyResearchLab/ARL-Open-Source-Guidance-and-Instructions). 
I have been in discussion with the Open Source Initiative (OSI, 
https://opensource.org/) on their license-discuss mailing list to develop a 
method that ARL can use to safely and legally release ARL-developed code as 
Open Source.  Marc Jones suggested on that list that I contact Debian to see 
what Debian thoughts are.

The background: most works produced by the US Government (USG) do not have 
copyright attached.  As a result, ARL's lawyers believe that licenses that 
rely on copyright (e.g., Apache 2.0, GPL, etc.) could be challenged in court, 
and declared invalid in toto, which means that the provisions of the licenses 
that deal with warranty, liability, patent issues, etc. would all of a sudden 
become unenforceable.  To get around that, we'd like to use a scheme that was 
suggested on code.mil:

1) All code that does not have copyright attached is released under the 
Creative Commons Zero (CC0, 
https://creativecommons.org/publicdomain/zero/1.0/).

2) ARL-controlled projects choose an OSI-approved license to accept 
contributions under (e.g. Apache 2.0).  If a contribution has copyright 
attached, then the contributors must license the contribution under the 
OSI-approved license to the ARL.  Contributions that have no copyright 
attached must be licensed to the ARL under CC0.

3) The works are combined and distributed with a note similar to the 
following: "The portions of this work that do not have copyright attached are 
distributed under the CC0 license.  The portions of this work that have 
copyright attached are distributed under the Apache 2.0 license."

Will this scheme meet Debian's idea of Open Source software?

Thanks,
Cem Karan

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