> -----Original Message----- > From: License-discuss [mailto:license-discuss-boun...@opensource.org] On > Behalf Of Gervase Markham > Sent: Monday, July 25, 2016 11:20 AM > To: license-discuss@opensource.org > Subject: Re: [License-discuss] [Non-DoD Source] Re: US Army Research > Laboratory Open Source License proposal > > On 25/07/16 16:12, Karan, Cem F CIV USARMY RDECOM ARL (US) wrote: > > Protections from liability from anyone that uses our code, for one > > thing. I am not a lawyer, but as I understand it putting stuff in the > > public domain does not release you from liability, so without some > > kind of notice the USG could be sued because bugs cause a crash at > > some point, causing harm, etc., etc., etc. The 'no warranty' clause > > is something we have to have. In fact, if you read the CC0 license > > text > > (Caution-https://creativecommons.org/publicdomain/zero/1.0/legalcode), > > even it has a warranty disclaimer, and it is trying to waive all copyright > > to the maximum extent possible. > > But a "no warranty" clause is a disclaimer, not a license condition. > AFAICS (and IANAL) nothing prevents a USG institution sticking some source > code on a web page, along with a big fat warranty disclaimer, > which would have legal force. You don't have to own the copyright in code to > disclaim warranty over it when you give it someone. If I give > you some open source code I didn't write, I can still disclaim all warranty > in it as I give it to you, and that disclaimation (a word?) should > be valid. So even if USG has no copyright on this code in the USA, you can > still put a warranty disclaimer up. > > Everyone else has copyright, and so will be contributing under the Apache > license, and so the warranty disclaimer in that will apply to > their contributions. So everyone's covered.
OK, I see where you're coming from, I'm just not comfortable with it. I'm much more comfortable with a single license that covers everything. I also know that our lawyers would be more comfortable with a single document that covered everything. But I do see your point! Thanks, Cem Karan
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