Re: US Govt Licensing (was licensing)

Open source software has a license and copyright therefore the rights
and obligations of the particular license apply to government as they
would to anyone else. At best the modifications could be made public
domain but not the original code without the license holder's
permission.

An interesting scenario that comes to mind is...what if source code that
is released as public domain is enhanced or modified then licensed under
an open source license by someone outside the government...and the
government likes the enhancements and adopts the new version....

Joseph

On Tue, 2003-10-28 at 12:28, Tom Adelstein wrote:
> [email protected] wrote:
> > That's pretty much the same answer I got from our lawyer.  Any work by
> > the US government that has been released to the public is public
> > domain.  I didn't know about the assignment of copyright but it wouldn't
> > help me any.
> > 
> > Jan
> 
> I guess I see some confusion around NSA's Linux SE. Here's what they say 
> about their license:
> 
> All source code found on this site is released under the same terms and 
> conditions as the original sources. For example, the patches to the 
> Linux kernel, patches to many existing utilities, and some of the new 
> programs available here are released under the terms and conditions of 
> the GNU General Public License (GPL). The patches to some existing 
> utilities and libraries available here are released under the terms and 
> conditions of the BSD license. Some new libraries and new programs 
> available here are released into the public domain.
> 
> http://www.nsa.gov/selinux/license.html
> 
> Some additional information exists at:
> 
> http://www.nsa.gov/selinux/todo.html
> 
> I suppose that since Linux already existed and the code enhancements are 
> contributions, they have stayed within the confines of GPL.
> 
> I'm wondering how that would work if a government agency worked on a 
> tracking project for INS or DOJ and worked with my team on project 
> leopard. Any thoughts?
> 
> - Tom
> 
> 
> 
> 
> > 
> > 
> > On Tue, 2003-10-28 at 11:02, Tom Adelstein wrote:
> > 
> >>This may be a stale subject by now, but it came up at OSSI in 
> >>relationship to work we're doing with Government members.
> >>
> >>The following information came from an email I found while researching 
> >>the subject. Jan, you may want to comment on it.
> >>
> >>
> >>Newsgroups: comp.lang.tcl
> >>Date: 2002-06-21 13:50:38 PST
> >>
> >>
> >>>The Federal Government is explicitly forbidden from Copyrighting
> >>>anything they create (they are, however, allowed to have a Copyright
> >>>assigned to them).
> >>>
> >>>  http://www4.law.cornell.edu/uscode/17/105.html
> >>>
> >>>I asked our lawyers about whether or not I would be able to release
> >>>programs that I've written and if I could release them under the GPL.
> >>>Below is our lawyers response.
> >>>
> >>>
> >>>Subject: Federal Copyright & the GPL
> >>>To: Thomas.C.Allard
> >>>From: bryan.a.bonner
> >>>
> >>>
> >>>Tom,
> >>>
> >>>[...]  You asked:
> >>>
> >>>     I would like to release some of the software libraries that I've
> >>>     developed at the Board on my own private web site, and I would prefer
> >>>     to use the GNU Public License.
> >>>
> >>>     Since this software was developed at and for the Board, am I allowed
> >>>     to release under the GPL (which is, in essence, a copyright license)?
> >>>
> >>>Tom the software you developed is government property.  As you know,
> >>>17 U.S.C. 105 states copyright protection is not available for any work of
> >>>the United States Government.  Since the GNU Public License requires
> >>>copyrighting the software as a means to obtain the license, you would not
> >>>be able to put the software libraries on you private web site under the GNU
> >>>Public License.
> >>>
> >>>You also asked:
> >>>
> >>>     More specifically, do I as the developer hold a copyright on my
> >>>     software or is it public domain as it was developed by the 
> >>>     Federal Government?
> >>>
> >>>     If I can't release it under the GPL, can I still post it on my web
> >>>     site as public domain software?
> >>>
> >>>Since the software was developed for the Board on official time as part of
> >>>your official duties, the software is not "copyrightable" by anyone.  It
> >>>exists in the public domain.
> >>>
> >>>Yes.  You can still post the software libraries on your private web site as
> >>>public domain software.  However, there are a few things to keep in mind:
> >>>
> >>>     a)  You cannot post any Board confidential information on your private
> >>>web site.  The software libraries can    contain no confidential material,
> >>>but only material available to the general public.  [...]
> >>>
> >>>     b)  Should you or others visitors to your site wish to use the
> >>>software you developed for the Board, or any portion thereof, in their
> >>>own software program, if the new software program (which integrates U.S.
> >>>Government software) is ever copyrighted, it should include a
> >>>publication notice indicating which portions of the program belong to the
> >>>United States Government.  According to the United States Copyright Office
> >>>(http://www.loc.gov/copyright):
> >>>
> >>>     "Works by the U. S. Government are not eligible for U. S. copyright
> >>>protection. For works published on and after March 1, 1989, the previous
> >>>notice requirement for works consisting primarily of one or more U. S.
> >>>Government works has been  eliminated. However, use of a notice on such
> >>>a work will defeat a claim of innocent infringement as previously described
> >>>provided the notice also includes a statement that identifies either
> >>>those portions of the work in which copyright is claimed or those
> >>>portions that constitute U. S. Government material.
> >>>
> >>>     "Example: © 2000 Jane Brown. Copyright claimed in Chapters 7-10,
> >>>exclusive of U. S. Government maps
> >>>
> >>>     "Copies of works published before March 1, 1989, that consist
> >>>primarily of one or more works of the U. S. Government should have a
> >>>notice and the identifying statement."
> >>>
> >>>Any new programs incorporating U.S. Government software should contain
> >>>a similar notice and identifying statement.
> >>>
> >>>Feel free to post this answer on your personal web site.  [...]
> >>>
> >>>Bryan
> >>>
> >>>
> >>>---
> >>>rgds-- TA  ([email protected])
> >>>Disclaimer: I don't speak for the Federal Reserve Board.
> >>
>