WG5 Project 04

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Project Team

Project Lead
Sally Cassells
Project Members

Project Description

Project Name
Legal ownership and issues in open source repository
After the adoption of Google Code, it was agreed as a starting point to use the MIT open source licensing agreement in the FDA/PhUSE repository. On inspection of other open source repositories, a number have an additional agreement, whereby the initial author of a script agrees that the code being submitted is not subject to any other copyright or ownership (e.g. by the employer of the submitter). The key tasks for this project is to examine the various legal issues relating to open source repositories (including code ownership) and make recommendations as to what is required in the FDA/PhUSE system.

Project Progress


Sally contacted Chris Decker to request that PhUSE provide a legal contact who could develop the agreement. Chris provided draft agreement in May 2013 for review. The agreement is currently posted on the GoogleCode site and in the PhUSE Wiki . The document name is SS 15591982 1 UKGROUPS Harmony Individual Contributor License AgreementDOC.

Issues, Discussions, Decisions

UK vs. US The Draft Agreement cites UK law rather than US (Section 8). Adding similar clauses for the US would require the services of a US lawyer. Individually owned tools Contributor grants full ’worldwide, non exclusive, royalty free, irrevocable license to the IP’. If tool was developed collaboratively, contributor should get agreement from collaborators before posting. Click through Not yet technically click through but contributors can read and agree to the terms.

Next Steps, Recommendations

Investigate possibility of modifying the language in Section 8 to indicate that the agreement applies fully within the US. Consider a leadership team vote to finalize the draft agreement. Link to agreement PhUSE Standard Scripts Contributor Agreement



Project Meetings

Face-to-face session planned for FDA/PhUse Conference Day 2. Max Kanevsky from Open CDISC will discuss the licensing considerations faced when establishing Open CDISC.

We will also work on developing a list of specific licensing concerns that may stand in the way of contributions to the standard scripts repository.

Last revised by Jmbodart,10/13/2015