OK, but wouldn't those changes mean that the license no longer applies to the 
uncopyrightable portions?  That would mean that downstream users would no 
longer have any protection from being sued, etc., right?

Thanks,
Cem Karan

> -----Original Message-----
> From: License-discuss [mailto:license-discuss-boun...@opensource.org] On 
> Behalf Of Engel Nyst
> Sent: Monday, August 15, 2016 7:17 PM
> To: license-discuss <license-discuss@opensource.org>
> Subject: Re: [License-discuss] [Non-DoD Source] Re: U.S. Army Research 
> Laboratory Open Source License (ARL OSL) 0.4.0
>
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> ----
>
> On Mon, Aug 15, 2016 at 11:59 PM, Karan, Cem F CIV USARMY RDECOM ARL
> (US) <cem.f.karan....@mail.mil> wrote:
> >> >    4. Redistribution. You may reproduce and distribute copies of the
> >> >       Work or Derivative Works thereof in any medium, with or without
> >> >       modifications, and in Source or Object form, provided that You
> >> >       meet the following conditions:
> >>
> >> I'd suggest to add in clause 4, or in its obligations a)-d), an "if
> >> copyright exists" or something similar. If copyright doesn't exist in
> >> the Work, can't put enforceable conditions on redistributions.
> >
> > What wording would you suggest?
>
> "4. Redistribution. You may reproduce and distribute copies of the
>       Work or Derivative Works thereof in any medium, with or without
>       modifications, and in Source or Object form, provided that for
>       Works subject to copyright You meet the following conditions:"
> Or,
> "4. Redistribution. You may reproduce and distribute copies of the
>       Work or Derivative Works thereof in any medium, with or without
>       modifications, and in Source or Object form, provided that You
>       meet the following conditions for the copyrightable parts of the
>       Work or Derivative Works:"
> Or,
> "4. Redistribution. You may reproduce and distribute copies of the
>       Work or Derivative Works thereof in any medium, with or without
>       modifications, and in Source or Object form, provided that You
>       meet the following conditions:
>
>       (a) You must give any other recipients of the Work or
>           Derivative Works a copy of this License, except when the Work
>           or Derivative Work is not subject to copyright; and
>
>       (b) You must cause any modified files to carry prominent notices
>           stating that You changed the files, excluding those files that
>           contained no copyrightable part; and"
>
> In the latter, (c) and (d) seem to already have applicable exclusions.
>
> The first seems cleanest to me.
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