I don't know the details of this exact legal agreement. Basically what they have allowed is.... They are collecting a data set on a number of patients and following them over a long number of years. That data is open. They get first access to look at the data, and then it becomes open to everyone and everyone can use that data for what they are interested in.
In terms of the agreements, you're right in that this is an area where, if there was more federal oversight or maybe a national policy that would help different organizations that are funding and supporting research draw up these contracts better, it would really enable open science to happen more efficiently, because people do want to do this. For example, a lot of the different funding organizations I mentioned—we have more than 25 at the table—are already funding open science. They have to go and make their own legal contracts every time, and it's difficult and inefficient.