Carl Worth wrote:
Yes, I have thought about licensing a lot. And I'll gladly share my
opinions, (but no legal advice, of course, etc. etc.).
Thanks for your input.
I work for the US federal government, and we are not allowed to
copyright our work, so be definition, any code we write is in the public
domain.
Fantastic! And that's just as government work should be. (I used to
work for a University research lab doing mostly government-funded
project. Sadly, I saw lots of government funds getting poured down the
drain to fund projects that resulted in proprietary software that wen
nowhere.)
Well, what we produce ourselves is public domain, but what we spend taxpayers money on by hiring contractors is a totally different story. All too often contractors are paid to develop something that they keep all the rights too.
You don't have to release code under the GPL. As you said, you
can't. Just keep publishing that public domain code.
Oops. I think you made a mistake here. Read the answer from the FSF
again:
Can the US Government release improvements to a GPL-covered
program?
Yes. If the improvements are written by US government employees in
the course of their employment, then the improvements are in
the public domain. However, the improved version, as a whole,
is still covered by the GNU GPL. There is no problem in this
situation.
And keep rereading that until the part that says "There is no problem
in this situation" really sinks in. I don't know how I could word the
reply more clearly than the FSF did.
Here is the distinction I (and our lawyers) see, that others don't seem to, so maybe I'm missing something. In essence, I see a distinction between contributing to a project someone else is releasing, and creating a derived work that I release myself. Maybe there is no difference.
Example of the two different situations:
1) I have written a bug fix or new feature to a GPL or LGPL piece of software that I want to contribute back. As it says above, no problem. I send it to an email list, post it in a bug tracker, whatever. It is now in the public domain, and it can be added to the GPL'd project. No problem here.
2) I have written a substantial application that makes some use of some GPL'd code. I want to put that app up on a government-run web site, and let people use it at their will. As I understand it, I am now "releasing" the application, and as it includes some GPL code, it MUST be released under the GPL. But I can't do that, because I don't hold copyright over the stuff I've written on the taxpayers time. So what do I do?
I could post all the code I wrote myself (released into the public domain), then post instructions how to combine it with the GPL code, compile it, and viola, you have your app, but that's not exactly making things as accessible as I'd like.
The work around is to find someone else to do the combining, compiling and releasing for us.
And here is the text of the GPL FAQ that I refer to:
"""
Can the US Government release a program under the GNU GPL?
If the program is written by US federal government employees in the course of their employment, it is in the public domain, which means it is not copyrighted. Since the GNU GPL is based on copyright, such a program cannot be released under the GNU GPL.
"""
And I have written the FSF, and not gotten a reply.
So if I were in your situation, I would contribute to GPL projects by
sending public-domain contributions.
Done and doing that.
Anyway, what all this means is that so far we've avoided GPL code for
our projects -- something to keep in mind, the US gov't is a major user
of Open Source Projects.
Please reconsider this, (or invite your lawyers to, or write to the
Free Software Foundation as needed).
Honestly, it hasn't been difficult yet. As John has referred to, most Scientific code seems to not be GPL. We came close when we were going to use MySQL in a product, but we ended up going with a non-GPL Python Object DB instead.
A quick scan through the Linux kernel source code, (obviously one of
the most popular GPL-released projects), shows plenty of contributions
from people with .gov email addresses,
Sure, contributing is no problem, it's the releasing of derived works that has me concerned.
Feel free to
contact me off-list if you've got any questions about how to track
down some potentially helpful email addresses there).
I do know NASA has released some stuff under the GPL, but I haven't tracked down how or why yet. Any contacts would be appreciated.
-Chris
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Christopher Barker, Ph.D.
Oceanographer
Emergency Response Division
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