Re: US Govt Licensing (was licensing)

I meant complete works, not additions to existing work.

Jan


On Tue, 2003-10-28 at 11:28, Tom Adelstein wrote:
>=20
>=20
> [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.
> >=20
> > Jan
>=20
> I guess I see some confusion around NSA's Linux SE. Here's what they say=20
> about their license:
>=20
> All source code found on this site is released under the same terms and=20
> conditions as the original sources. For example, the patches to the=20
> Linux kernel, patches to many existing utilities, and some of the new=20
> programs available here are released under the terms and conditions of=20
> the GNU General Public License (GPL). The patches to some existing=20
> utilities and libraries available here are released under the terms and=20
> conditions of the BSD license. Some new libraries and new programs=20
> available here are released into the public domain.
>=20
> http://www.nsa.gov/selinux/license.html
>=20
> Some additional information exists at:
>=20
> http://www.nsa.gov/selinux/todo.html
>=20
> I suppose that since Linux already existed and the code enhancements are=20
> contributions, they have stayed within the confines of GPL.
>=20
> I'm wondering how that would work if a government agency worked on a=20
> tracking project for INS or DOJ and worked with my team on project=20
> leopard. Any thoughts?
>=20
> - Tom
>=20
>=20
>=20
>=20
> >=20
> >=20
> > On Tue, 2003-10-28 at 11:02, Tom Adelstein wrote:
> >=20
> >>This may be a stale subject by now, but it came up at OSSI in=20
> >>relationship to work we're doing with Government members.
> >>
> >>The following information came from an email I found while researching=20
> >>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 pr=
efer
> >>>     to use the GNU Public License.
> >>>
> >>>     Since this software was developed at and for the Board, am I allo=
wed
> >>>     to release under the GPL (which is, in essence, a copyright licen=
se)?
> >>>
> >>>Tom the software you developed is government property.  As you know,
> >>>17 U.S.C. 105 states copyright protection is not available for any wor=
k 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 th=
e 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=20
> >>>     Federal Government?
> >>>
> >>>     If I can't release it under the GPL, can I still post it on my we=
b
> >>>     site as public domain software?
> >>>
> >>>Since the software was developed for the Board on official time as par=
t 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 si=
te as
> >>>public domain software.  However, there are a few things to keep in mi=
nd:
> >>>
> >>>     a)  You cannot post any Board confidential information on your pr=
ivate
> >>>web site.  The software libraries can    contain no confidential mater=
ial,
> >>>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 Of=
fice
> >>>(http://www.loc.gov/copyright):
> >>>
> >>>     "Works by the U. S. Government are not eligible for U. S. copyrig=
ht
> >>>protection. For works published on and after March 1, 1989, the previo=
us
> >>>notice requirement for works consisting primarily of one or more U. S.
> >>>Government works has been  eliminated. However, use of a notice on suc=
h
> >>>a work will defeat a claim of innocent infringement as previously desc=
ribed
> >>>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: =A9 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.
> >>
--=20

********************************
Jan C. Depner
Code N43T
Naval Oceanographic Office
1002 Balch Blvd
Stennis Space Center MS, 39522
228.688.5609
********************************

I'm a programmer with a soldering iron, and I'm not afraid to use it.