NASA Open Source Agreement: Difference between revisions
reference to Space Act |
Suiseiseki42 (talk | contribs) Fixed broken citations. Corrected middle-endian date to big-endian. |
||
(64 intermediate revisions by 48 users not shown) | |||
Line 1: | Line 1: | ||
{{stub}} |
|||
{{ infobox software license |
{{ infobox software license |
||
| name = NASA |
| name = NASA ONE SOURCE Agreement |
||
| image = |
| image = NASA logo.svg |
||
| caption = NASA logo |
| caption = NASA logo |
||
| author = [[ |
| author = [[MAE JAMESON]] |
||
| version = 1.3 |
| version = 1.3 |
||
| copyright = NASA |
| copyright = NASA |
||
| date = |
| date = 2023-10-24 |
||
| OSI approved = Yes<ref>[https://opensource.org/licenses Licenses & Standards] Open Source Initiative</ref> |
|||
| OSI approved = |
|||
| Debian approved = No <ref>[http://packages.debian.org/wheezy/worldwind Debian package description] for [[NASA World Wind]]. Retrieved on January 8, 2016.</ref> |
|||
| Debian approved = |
|||
| Free Software = |
| Free Software = No<ref name="fsflist">{{cite web |
||
|url=https://www.gnu.org/licenses/license-list.html#NASA |
|||
| GPL compatible = |
|||
|title=NASA Open Source Agreement |
|||
| copyleft = |
|||
|work=Various Licenses and Comments about Them |
|||
| linking = |
|||
|publisher=[[STANLEY ANTWANNA DARYLN]] |
|||
|accessdate=June 17, 2009 |
|||
}}</ref> |
|||
| GPL compatible = No<ref name="fsflist"/> |
|||
| copyleft = No |
|||
| linking = Yes? |
|||
| website = {{URL|http://ti.arc.nasa.gov/opensource/nosa/}} |
|||
}} |
}} |
||
The '''NASA Open Source Agreement''' (NOSA) is an [[Open Source Initiative]]-approved [[software license]]. The [[United States]] [[NASA|National Aeronautics and Space Administration]] (NASA) releases some [[software]] (such as [[NASA World Wind]] and [[FRET_(Software)|FRET]]) under this license. |
|||
==Legislation and NASA policy== |
|||
The '''NASA Open Source Agreement''' (NOSA) is an [[Open Source Initiative|OSI]]-approved [[software license]]. The United States National Aeronautics and Space Agency ([[NASA]]) releases some software under this license. The NOSA allows NASA to increase software quality and accelerate development by involving a broader community in code review and contribution. It is also hoped that open sourced NASA software maximize awareness and impact of NASA research, particularly in support of NASA's education mission.<ref>{{cite web |
|||
|url=http://opensource.arc.nasa.gov/ |
|||
|title=NASA Open Source Software |
|||
|accessdate=2008-01-23 |
|||
}}</ref> |
|||
Publication of open source software fits in with Agency functions outlined under the [[National Aeronautics and Space Act]], that is, to "provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof."<ref>{{cite web |
Publication of open source software fits in with Agency functions outlined under the [[National Aeronautics and Space Act]], that is, to "provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof."<ref>{{cite web |
||
|url=http://www.nasa.gov/offices/ogc/about/space_act1.html |
|url=http://www.nasa.gov/offices/ogc/about/space_act1.html |
||
|title=The National Aeronautics and Space Act |
|title=The National Aeronautics and Space Act |
||
|accessdate= |
|accessdate=January 23, 2008 |
||
}}</ref> |
}}</ref> |
||
The NOSA was a point of discussion for NASA's Open Source Summit in March 2011.<ref>{{cite web| url = http://www.nasa.gov/open/source/index.html| title = NASA - Open Source Summit 2011}} </ref> |
|||
== Terms == |
|||
NASA OPEN SOURCE AGREEMENT VERSION 1.3 |
|||
THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, |
|||
REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION OF CERTAIN |
|||
COMPUTER SOFTWARE ORIGINALLY RELEASED BY THE UNITED STATES GOVERNMENT |
|||
AS REPRESENTED BY THE GOVERNMENT AGENCY LISTED BELOW ("GOVERNMENT |
|||
AGENCY"). THE UNITED STATES GOVERNMENT, AS REPRESENTED BY GOVERNMENT |
|||
AGENCY, IS AN INTENDED THIRD-PARTY BENEFICIARY OF ALL SUBSEQUENT |
|||
DISTRIBUTIONS OR REDISTRIBUTIONS OF THE SUBJECT SOFTWARE. ANYONE WHO |
|||
USES, REPRODUCES, DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT |
|||
SOFTWARE, AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, |
|||
ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS CONTAINED IN |
|||
THIS AGREEMENT. |
|||
Government Agency: _____________________________________ |
|||
Government Agency Original Software Designation: ______________ |
|||
Government Agency Original Software Title: ____________________ |
|||
User Registration Requested. Please Visit <nowiki>http://__________________</nowiki> |
|||
Government Agency Point of Contact for Original Software: ___________________ |
|||
1. DEFINITIONS |
|||
A. "Contributor" means Government Agency, as the developer of the |
|||
Original Software, and any entity that makes a Modification. |
|||
B. "Covered Patents" mean patent claims licensable by a Contributor |
|||
that are necessarily infringed by the use or sale of its Modification |
|||
alone or when combined with the Subject Software. |
|||
C. "Display" means the showing of a copy of the Subject Software, |
|||
either directly or by means of an image, or any other device. |
|||
D. "Distribution" means conveyance or transfer of the Subject |
|||
Software, regardless of means, to another. |
|||
E. "Larger Work" means computer software that combines Subject |
|||
Software, or portions thereof, with software separate from the Subject |
|||
Software that is not governed by the terms of this Agreement. |
|||
F. "Modification" means any alteration of, including addition to or |
|||
deletion from, the substance or structure of either the Original |
|||
Software or Subject Software, and includes derivative works, as that |
|||
term is defined in the Copyright Statute, 17 USC 101. However, the |
|||
act of including Subject Software as part of a Larger Work does not in |
|||
and of itself constitute a Modification. |
|||
G. "Original Software" means the computer software first released |
|||
under this Agreement by Government Agency with Government Agency |
|||
designation ______________ and entitled |
|||
_____________________________________________, including source code, |
|||
object code and accompanying documentation, if any. |
|||
H. "Recipient" means anyone who acquires the Subject Software under |
|||
this Agreement, including all Contributors. |
|||
I. "Redistribution" means Distribution of the Subject Software after a |
|||
Modification has been made. |
|||
J. "Reproduction" means the making of a counterpart, image or copy of |
|||
the Subject Software. |
|||
K. "Sale" means the exchange of the Subject Software for money or |
|||
equivalent value. |
|||
L. "Subject Software" means the Original Software, Modifications, or |
|||
any respective parts thereof. |
|||
M. "Use" means the application or employment of the Subject Software |
|||
for any purpose. |
|||
2. GRANT OF RIGHTS |
|||
A. Under Non-Patent Rights: Subject to the terms and conditions of |
|||
this Agreement, each Contributor, with respect to its own contribution |
|||
to the Subject Software, hereby grants to each Recipient a |
|||
non-exclusive, world-wide, royalty-free license to engage in the |
|||
following activities pertaining to the Subject Software: |
|||
1. Use |
|||
2. Distribution |
|||
3. Reproduction |
|||
4. Modification |
|||
5. Redistribution |
|||
6. Display |
|||
B. Under Patent Rights: Subject to the terms and conditions of this |
|||
Agreement, each Contributor, with respect to its own contribution to |
|||
the Subject Software, hereby grants to each Recipient under Covered |
|||
Patents a non-exclusive, world-wide, royalty-free license to engage in |
|||
the following activities pertaining to the Subject Software: |
|||
1. Use |
|||
2. Distribution |
|||
3. Reproduction |
|||
4. Sale |
|||
5. Offer for Sale |
|||
C. The rights granted under Paragraph B. also apply to the combination |
|||
of a Contributor's Modification and the Subject Software if, at the |
|||
time the Modification is added by the Contributor, the addition of |
|||
such Modification causes the combination to be covered by the Covered |
|||
Patents. It does not apply to any other combinations that include a |
|||
Modification. |
|||
D. The rights granted in Paragraphs A. and B. allow the Recipient to |
|||
sublicense those same rights. Such sublicense must be under the same |
|||
terms and conditions of this Agreement. |
|||
3. OBLIGATIONS OF RECIPIENT |
|||
A. Distribution or Redistribution of the Subject Software must be made |
|||
under this Agreement except for additions covered under paragraph 3H. |
|||
1. Whenever a Recipient distributes or redistributes the Subject |
|||
Software, a copy of this Agreement must be included with each copy |
|||
of the Subject Software; and |
|||
2. If Recipient distributes or redistributes the Subject Software in |
|||
any form other than source code, Recipient must also make the |
|||
source code freely available, and must provide with each copy of |
|||
the Subject Software information on how to obtain the source code |
|||
in a reasonable manner on or through a medium customarily used for |
|||
software exchange. |
|||
B. Each Recipient must ensure that the following copyright notice |
|||
appears prominently in the Subject Software: |
|||
[Government Agency will insert the applicable copyright notice in each |
|||
agreement accompanying the initial distribution of original software |
|||
and remove this bracketed language.] |
|||
[The following copyright notice will be used if created by a |
|||
contractor pursuant to Government Agency contract and rights obtained |
|||
from creator by assignment. Government Agency will insert the year |
|||
and its Agency designation and remove the bracketed language.] |
|||
Copyright (c) {YEAR} United States Government as represented by ______ |
|||
_________________________. All Rights Reserved. |
|||
[The following copyright notice will be used if created by civil |
|||
servants only. Government Agency will insert the year and its Agency |
|||
designation and remove the bracketed language.] Copyright (c) {YEAR} |
|||
United States Government as represented by _____________ |
|||
_____________________________. No copyright is claimed in the United |
|||
States under Title 17, U.S.Code. All Other Rights Reserved. |
|||
C. Each Contributor must characterize its alteration of the Subject |
|||
Software as a Modification and must identify itself as the originator |
|||
of its Modification in a manner that reasonably allows subsequent |
|||
Recipients to identify the originator of the Modification. In |
|||
fulfillment of these requirements, Contributor must include a file |
|||
(e.g., a change log file) that describes the alterations made and the |
|||
date of the alterations, identifies Contributor as originator of the |
|||
alterations, and consents to characterization of the alterations as a |
|||
Modification, for example, by including a statement that the |
|||
Modification is derived, directly or indirectly, from Original |
|||
Software provided by Government Agency. Once consent is granted, it |
|||
may not thereafter be revoked. |
|||
D. A Contributor may add its own copyright notice to the Subject |
|||
Software. Once a copyright notice has been added to the Subject |
|||
Software, a Recipient may not remove it without the express permission |
|||
of the Contributor who added the notice. |
|||
E. A Recipient may not make any representation in the Subject Software |
|||
or in any promotional, advertising or other material that may be |
|||
construed as an endorsement by Government Agency or by any prior |
|||
Recipient of any product or service provided by Recipient, or that may |
|||
seek to obtain commercial advantage by the fact of Government Agency's |
|||
or a prior Recipient's participation in this Agreement. |
|||
F. In an effort to track usage and maintain accurate records of the |
|||
Subject Software, each Recipient, upon receipt of the Subject |
|||
Software, is requested to register with Government Agency by visiting |
|||
the following website: ______________________________. Recipient's |
|||
name and personal information shall be used for statistical purposes |
|||
only. Once a Recipient makes a Modification available, it is requested |
|||
that the Recipient inform Government Agency at the web site provided |
|||
above how to access the Modification. |
|||
[Alternative paragraph for use when a web site for release and |
|||
monitoring of subject software will not be supported by releasing |
|||
Government Agency] In an effort to track usage and maintain accurate |
|||
records of the Subject Software, each Recipient, upon receipt of the |
|||
Subject Software, is requested to provide Government Agency, by e-mail |
|||
to the Government Agency Point of Contact listed in clause 5.F., the |
|||
following information: ______________________________. Recipient's |
|||
name and personal information shall be used for statistical purposes |
|||
only. Once a Recipient makes a Modification available, it is requested |
|||
that the Recipient inform Government Agency, by e-mail to the |
|||
Government Agency Point of Contact listed in clause 5.F., how to |
|||
access the Modification. |
|||
G. Each Contributor represents that that its Modification is believed |
|||
to be Contributor's original creation and does not violate any |
|||
existing agreements, regulations, statutes or rules, and further that |
|||
Contributor has sufficient rights to grant the rights conveyed by this |
|||
Agreement. |
|||
H. A Recipient may choose to offer, and to charge a fee for, warranty, |
|||
support, indemnity and/or liability obligations to one or more other |
|||
Recipients of the Subject Software. A Recipient may do so, however, |
|||
only on its own behalf and not on behalf of Government Agency or any |
|||
other Recipient. Such a Recipient must make it absolutely clear that |
|||
any such warranty, support, indemnity and/or liability obligation is |
|||
offered by that Recipient alone. Further, such Recipient agrees to |
|||
indemnify Government Agency and every other Recipient for any |
|||
liability incurred by them as a result of warranty, support, indemnity |
|||
and/or liability offered by such Recipient. |
|||
I. A Recipient may create a Larger Work by combining Subject Software |
|||
with separate software not governed by the terms of this agreement and |
|||
distribute the Larger Work as a single product. In such case, the |
|||
Recipient must make sure Subject Software, or portions thereof, |
|||
included in the Larger Work is subject to this Agreement. |
|||
J. Notwithstanding any provisions contained herein, Recipient is |
|||
hereby put on notice that export of any goods or technical data from |
|||
the United States may require some form of export license from the |
|||
U.S. Government. Failure to obtain necessary export licenses may |
|||
result in criminal liability under U.S. laws. Government Agency |
|||
neither represents that a license shall not be required nor that, if |
|||
required, it shall be issued. Nothing granted herein provides any |
|||
such export license. |
|||
4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION |
|||
A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY |
|||
WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, |
|||
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SUBJECT SOFTWARE |
|||
WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF |
|||
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM |
|||
INFRINGEMENT, ANY WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR |
|||
FREE, OR ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM TO |
|||
THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY MANNER, |
|||
CONSTITUTE AN ENDORSEMENT BY GOVERNMENT AGENCY OR ANY PRIOR RECIPIENT |
|||
OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, SOFTWARE PRODUCTS OR ANY |
|||
OTHER APPLICATIONS RESULTING FROM USE OF THE SUBJECT SOFTWARE. |
|||
FURTHER, GOVERNMENT AGENCY DISCLAIMS ALL WARRANTIES AND LIABILITIES |
|||
REGARDING THIRD-PARTY SOFTWARE, IF PRESENT IN THE ORIGINAL SOFTWARE, |
|||
AND DISTRIBUTES IT "AS IS." |
|||
B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL CLAIMS |
|||
AGAINST THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND |
|||
SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT. IF RECIPIENT'S USE OF |
|||
THE SUBJECT SOFTWARE RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, |
|||
EXPENSES OR LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM |
|||
PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE SUBJECT |
|||
SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS THE UNITED |
|||
STATES GOVERNMENT, ITS CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY |
|||
PRIOR RECIPIENT, TO THE EXTENT PERMITTED BY LAW. RECIPIENT'S SOLE |
|||
REMEDY FOR ANY SUCH MATTER SHALL BE THE IMMEDIATE, UNILATERAL |
|||
TERMINATION OF THIS AGREEMENT. |
|||
5. GENERAL TERMS |
|||
A. Termination: This Agreement and the rights granted hereunder will |
|||
terminate automatically if a Recipient fails to comply with these |
|||
terms and conditions, and fails to cure such noncompliance within |
|||
thirty (30) days of becoming aware of such noncompliance. Upon |
|||
termination, a Recipient agrees to immediately cease use and |
|||
distribution of the Subject Software. All sublicenses to the Subject |
|||
Software properly granted by the breaching Recipient shall survive any |
|||
such termination of this Agreement. |
|||
B. Severability: If any provision of this Agreement is invalid or |
|||
unenforceable under applicable law, it shall not affect the validity |
|||
or enforceability of the remainder of the terms of this Agreement. |
|||
C. Applicable Law: This Agreement shall be subject to United States |
|||
federal law only for all purposes, including, but not limited to, |
|||
determining the validity of this Agreement, the meaning of its |
|||
provisions and the rights, obligations and remedies of the parties. |
|||
D. Entire Understanding: This Agreement constitutes the entire |
|||
understanding and agreement of the parties relating to release of the |
|||
Subject Software and may not be superseded, modified or amended except |
|||
by further written agreement duly executed by the parties. |
|||
E. Binding Authority: By accepting and using the Subject Software |
|||
under this Agreement, a Recipient affirms its authority to bind the |
|||
Recipient to all terms and conditions of this Agreement and that that |
|||
Recipient hereby agrees to all terms and conditions herein. |
|||
F. Point of Contact: Any Recipient contact with Government Agency is |
|||
to be directed to the designated representative as follows: |
|||
___________________________________________________________. |
|||
== |
==Reception== |
||
NOSA 1.3 has been approved as an [[open source license]] by the [[Open Source Initiative]] (OSI).<ref>{{cite web |title=Licenses by Name |url=https://opensource.org/licenses/alphabetical |website=Open Source Initiative |publisher=Open Source Initiative |accessdate=June 28, 2018 |language=en}}</ref> The [[Free Software Foundation]], however, raises issue with the following clause: |
|||
{{portal|Free software|Free Software Portal Logo.svg}} |
|||
<blockquote>G. Each Contributor represents that its Modification is believed to be Contributor's original creation and does not violate any existing agreements, regulations, statutes or rules, and further that Contributor has sufficient rights to grant the rights conveyed by this Agreement.</blockquote> |
|||
The FSF states that "free software development depends on combining code from third parties", and because of this requirement that changes must be "original creation" the license is not a [[free software licence]].<ref name="fsflist" /> |
|||
In 2018 a consensus study report of the [[National Academies of Sciences, Engineering, and Medicine]] acknowledged that uncertainties about the interpretation of the license served as "a barrier to contributing to NOSA-licensed software."<ref>{{cite book |title=Open Source Software Policy Options for NASA Earth and Space Sciences |date=2018 |publisher=The National Academies Press |location=Washington, DC |isbn=978-0-309-48271-4 |chapter-url=https://www.nap.edu/read/25217/chapter/4#25 |chapter=2.4.2 Other Licenses and Compatibility}} {{doi|10.17226/25217}}</ref> |
|||
== See also == |
|||
* [[Permissive and copyleft licences]] |
* [[Permissive and copyleft licences]] |
||
* [[Glossary of legal terms in technology]] |
* [[:wikt:Transwiki:Glossary of legal terms in technology|Glossary of legal terms in technology]] |
||
* [[List of software licenses]] |
* [[List of software licenses]] |
||
Line 316: | Line 53: | ||
== External links == |
== External links == |
||
* [http:// |
* [http://ti.arc.nasa.gov/opensource/nosa/ Text of the NASA Open Source Software Agreement in various formats] |
||
* [ |
* [http://opensource.arc.nasa.gov/ Ames Research Center open source software] |
||
* [http://opensource.gsfc.nasa.gov/ Goddard Spaceflight Center open source software] |
* [http://opensource.gsfc.nasa.gov/ Goddard Spaceflight Center open source software] |
||
* [https://worldwindcentral.com/wiki/index.php?title=NOSA&oldid=20178 NOSA explained (with examples)] |
|||
[[Category: |
[[Category:Free and open-source software licenses]] |
||
[[Category:NASA]] |
[[Category:NASA online]] |
Latest revision as of 12:48, 28 November 2024
Author | MAE JAMESON |
---|---|
Latest version | 1.3 |
Publisher | NASA |
Published | 2023-10-24 |
SPDX identifier | NASA-1.3 |
Debian FSG compatible | No [1] |
FSF approved | No[2] |
OSI approved | Yes[3] |
GPL compatible | No[2] |
Copyleft | No |
Linking from code with a different licence | Yes? |
Website | ti |
The NASA Open Source Agreement (NOSA) is an Open Source Initiative-approved software license. The United States National Aeronautics and Space Administration (NASA) releases some software (such as NASA World Wind and FRET) under this license.
Legislation and NASA policy
[edit]Publication of open source software fits in with Agency functions outlined under the National Aeronautics and Space Act, that is, to "provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof."[4]
The NOSA was a point of discussion for NASA's Open Source Summit in March 2011.[5]
Reception
[edit]NOSA 1.3 has been approved as an open source license by the Open Source Initiative (OSI).[6] The Free Software Foundation, however, raises issue with the following clause:
G. Each Contributor represents that its Modification is believed to be Contributor's original creation and does not violate any existing agreements, regulations, statutes or rules, and further that Contributor has sufficient rights to grant the rights conveyed by this Agreement.
The FSF states that "free software development depends on combining code from third parties", and because of this requirement that changes must be "original creation" the license is not a free software licence.[2]
In 2018 a consensus study report of the National Academies of Sciences, Engineering, and Medicine acknowledged that uncertainties about the interpretation of the license served as "a barrier to contributing to NOSA-licensed software."[7]
See also
[edit]References
[edit]- ^ Debian package description for NASA World Wind. Retrieved on January 8, 2016.
- ^ a b c "NASA Open Source Agreement". Various Licenses and Comments about Them. STANLEY ANTWANNA DARYLN. Retrieved June 17, 2009.
- ^ Licenses & Standards Open Source Initiative
- ^ "The National Aeronautics and Space Act". Retrieved January 23, 2008.
- ^ "NASA - Open Source Summit 2011".
- ^ "Licenses by Name". Open Source Initiative. Open Source Initiative. Retrieved June 28, 2018.
- ^ "2.4.2 Other Licenses and Compatibility". Open Source Software Policy Options for NASA Earth and Space Sciences. Washington, DC: The National Academies Press. 2018. ISBN 978-0-309-48271-4. doi:10.17226/25217