Nigel Tzeng wrote:
> The issue here is for code that is potentially quite substantial.  I would 
> think that would be a different scenario.

If I include the works of Shakespeare in my software, it would of course be 
substantial and yet still be public domain almost everywhere (?). I license my 
entire work to you under the Apache 2.0 license. [This is what you should do 
with ARL software!]

If I also want to disclaim all warranties and liability against viruses and 
other malicious code, my Apache 2.0 contract will probably protect me in most 
jurisdictions. If Apple now takes my work and includes it in the next iPhone 
release, then Apple may become liable under commercial laws for electronic 
products in the U.S., and so perhaps Apple and I will eventually have a 
contract dispute or one of its customers may sue me for damages. 

I don't think that is a copyright lawsuit regardless of whether I own the 
copyright on the virus.

And Shakespeare is still free and not liable.

/Larry


-----Original Message-----
From: Tzeng, Nigel H. [mailto:nigel.tz...@jhuapl.edu] 
Sent: Thursday, August 18, 2016 12:34 PM
To: license-discuss@opensource.org
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 8/18/16, 11:03 AM, "License-discuss on behalf of Richard Fontana"
<license-discuss-boun...@opensource.org on behalf of font...@sharpeleven.org> 
wrote:


>As a few have pointed out, all code that is nominally licensed under 
>open source licenses will contain noncopyrighted portions.

While true, that¹s because they were not significant enough to have copyright.

The issue here is for code that is potentially quite substantial.  I would 
think that would be a different scenario.

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