Re: TCL/TK license

From: Kevin Kenny (kennykb_at_acm.org)
Date: 06/02/04 

Date: Wed, 02 Jun 2004 08:46:14 -0400

Sniz Pilbor wrote:
> Could anyone shed some light on the small clause in the tcl/tk
> license about DoD use? What exactly is the difference when the
> software is officially considered "commercial software"? Does the DoD
> have to pay extra to use tcl/tk?

Ah, the question about General Dynamics becomes clear.
You got Tcl from GD, and wonder about the Restricted Rights
Legend in the license agreement. Let me set you at ease.
It's meaningless drivel that some contract officers insist
on having. In fact, the final sentence of the paragraph
denies all the previous boilerplate:

| Notwithstanding the foregoing, the authors grant the U.S.
| Government and others acting in its behalf permission to
| use and distribute the software in accordance with the
| terms specified in this license.

The "Restricted Rights" nonsense certifies that the terms of
the license meet certain minimum standards that the US
Government requires of all commercial software it buys. It
doesn't impose any additional restrictions on Government
use/ Rather, it states explicitly that the Government is
granted certain permissions that it insists on having.
For reasons that only a lawyer would understand, it does so
by restricting the Government to the minimum set of
rights, and then saying, "that restriction notwithstanding,
we allow the Government free use like anyone else."

The details? You really don't want to know, trust me.
Really. All right, you don't believe me. Then read on:

Every US Government procurement is covered by a massive array of
rules called the Federal Acquisition Regulations (FAR's).
The particular regulation that we run afoul of is:

52.227.14(c)(2)
| The Contractor shall not, without prior written permission of
| the Contracting Officer, incorporate in data delivered under
| this contract any data not first produced in the performance
| of this contract and which contains the copyright notice of
| 17 U.S.C. 401 or 402, unless the Contractor identifies such
| data and grants to the Government, or acquires on its behalf,
| a license of the same scope as set forth in subparagraph (c)(1)
| of this clause; provided, however, that if such data are
| computer software the Government shall acquire a copyright
| license as set forth in subparagraph (g)(3) of this clause
| if included in this contract or as otherwise may be provided
| in a collateral agreement incorporated in or made part of
| this contract.

(In other words, "you have to prove to the Government that
its use of any software you deliver isn't going to infringe
on the copyrights of third parties).

In particular, commercial software that is provided to the
Government must come with permission to be (excerpting
FAR 52.227.19(c)(2):

| (i) Used or copied for use in or with the computer or
| computers for which it was acquired, including use at
| any Government installation to which such computer or
| computers may be transferred;
| (ii) Used or copied for use in or with backup
| computer if any computer for which it was acquired is
| inoperative;
| (iii) Reproduced for safekeeping (archives) or backup
| purposes;
| (iv) Modified, adapted, or combined with other computer
| software, provided that the modified, combined, or adapted
| portions of the derivative software incorporating any of
| the delivered, restricted computer software shall be subject
| to same restrictions set forth in this purchase order/
| contract;
| (v) Disclosed to and reproduced for use by support
| service Contractors or their subcontractors, subject to
| the same restrictions set forth in this purchase order/
| contract; and
| (vi) Used or copied for use in or transferred to a
| replacement computer.

Needless to say, the Tcl license terms allow many more
rights than that, and allow them to all comers. Nevertheless,
with many contracting officers, it's easier to certify
compliance, citing chapter and verse, than to expect them
to notice the obvious.

Full text of the relevant chapter of the FARs is at

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_227.htm

The DFARS stuff is similar. I haven't the time to track
down the regulations. If your lawyer is worried, let the
lawyer figure it out. 

--
73 de ke9tv/2, Kevin

Relevant Pages

  • Re: Deposition of Otis L. Wilson...
    ... As I recall, UNIX ... been the ultimate "viral license." ... such a clause in the original AT&T+IBM contract ... such an onerous clause in IBM's SysV contract, ...
    (comp.unix.sco.misc)
  • Hardly any confidences potentially revise the narrow show.
    ... list will contract including the lively gang. ... and she'll afterwards will everybody. ... I was falling deposits to absolute Brahimi, ... linear, old-fashioned, and alters as opposed to the government. ...
    (sci.crypt)
  • Re: Idnet offer ADSL2+ at same price as Max
    ... government in the same way the goverment manages road building. ... its overall cost effectiveness..governments have an incredibly poor ... The people who SHOULD be in charge of local networks are not the central ... council officer makes a decision and awards a contract to a third party, ...
    (uk.telecom.broadband)
  • Venezuela: TV Shutdown Harms Free Expression
    ... Venezuela: ... country's oldest private channel, when its license expires on May 27, 2007. ... RCTV is a serious blow to freedom of expression in Venezuela." ... RCTV has remained strongly critical of the government. ...
    (soc.culture.venezuela)
  • Re: VAX software available for download
    ... >> form of a drivers license and a vehicle registration before you can ... I give money, he gives car. ... >> reason why you had to enter into the contract in the first place unless ... but doesn't change the fact that it is the labors of the producer ...
    (comp.os.vms)