Q: In what form should I release open source software? In some cases a DoD contractor may be required to transfer copyright to the government for works produced under contract (see DFARS 252.227-7020). Terms that people have used include source available software, open-box software, visible-source software, and disclosed-source software. As more improvements are made, more people can use the product, creating more potential users as developers - like a snowball that gains mass as it rolls downhill. The DoDIN APL is managed by the Approved Products Certification Office (APCO). Patent examiners have relatively little time to review each patent, and do not have effective access to most prior art in software, which may lead them to grant patents for previously-published inventions or obvious inventions. Part of the ADA, Pub.L. Similarly, delaying a components OSS release too long may doom it, if another OSS component is released first. Official DOD surveys are listed under DOD Information Collections. The Department of Defense Information Network (DoDIN) Approved Products List (APL) is the single consolidated list of products that affect communication and collaboration across the DoDIN. (See GPL FAQ, Can I use the GPL for something other than software?.). Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Q: Is there a standard marking for software where the government has unlimited rights? Software licenses (including OSS licenses) may also involve the laws for patent, trademark, and trade secrets, in addition to copyright. This is the tightest form of mixing possible with GPL and other types of software, but it must be used with care to ensure that the GPL software remains generic and is not tightly bound to any one proprietary software component. This document is required by FAR 52.245-1 Government Property. Windows Services for UNIX 3.0 is a good example of commercial use of GPL application mixing. Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. Before award, a contractor may identify the components that will have more restrictive rights (e.g., so the government can prefer proposals that give the government more rights), and under limited conditions the list can be modified later (e.g., for error correction). This also means that these particular licenses are compatible. Best Quality Product Distributor - Worldwide If the standard DFARS contract clauses are used (see DFARS 252.227-7014), then unless other arrangements are made, the government has unlimited rights to a software component when (1) it pays entirely for the development of it (see DFARS 252.227-7014(b)(1)(i)), or (2) it is five years after contract signature if it partly paid for its development (see DFARS 252.227-7014(b)(2)). 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This clause establishes that the choice of venue clause (category 4) is superseded by the Contract Disputes Act (category 2), and thus the conflict is typically moot. A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. In some cases, it may be wise to release software under multiple licenses (e.g., LGPL version 2.1 and version 3, GPL version 2 and 3), so that users can then pick which license they will use. If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. Meet the standards. The red book explains its purpose; since an agency cannot directly obligate in excess or advance of its appropriations, it should not be able to accomplish the same thing indirectly by accepting ostensibly voluntary services and then presenting Congress with the bill, in the hope that Congress will recognize a moral obligation to pay for the benefits conferred. Government employees may also modify existing open source software. Volume II of its third edition, section 6.C.3, describes in detail this prohibition on voluntary services. 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Q: When a DoD contractor is developing a new system/software as a deliverable in a typical DoD contract, is it possible to include existing open source software? In particular, will it be directly linked with proprietary or classified code? Many analyses focus on versions of the GNU General Public License (GPL), since this is the most common OSS license, but analyses for other licenses are also available. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. This should not be surprising; the DoD uses OSS extensively, and the GPL is the most popular OSS license. Clarifying Guidance Regarding Open Source Software (OSS), a list of licenses which have successfully gone through the approval process and comply with the Open Source Definition, publishes a list of licenses that meet the Free Software Definition, good licenses that Fedora has determined are open source software licenses, Federal Source Code Policy, OMB Memo 16-21, National Defense Authorization Act for FY2018, http://www.doncio.navy.mil/contentview.aspx?id=312, http://www.dtic.mil/dtic/tr/fulltext/u2/a450769.pdf, http://www.whitehouse.gov/omb/memoranda/fy04/m04-16.html, http://www.army.mil/usapa/epubs/pdf/r25_2.pdf, Defense Federal Acquisition Regulation Supplement (DFARS), 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation, European Interoperability Framework (EIF), Bruce Perens Open Standards: Principles and Practice, U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer, The Free-Libre / Open Source Software (FLOSS) License Slide, GPL linking exception term (such as the Classpath exception), Maintaining Permissive-Licensed Files in a GPL-Licensed Project: Guidelines for Developers (Software Freedom Law Center), Creative Commons does not recommend that you use one of their licenses for software, GPL FAQ, Can I use the GPL for something other than software?, GPL FAQ, Who has the power to enforce the GPL?, 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, Secure Programming for Linux and Unix HOWTO, in 2003 the Linux kernel development process resisted an attack, Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT, Gartner Groups Mark Driver stated in November 2010, Estimating the Total Development Cost of a Linux Distribution, Open Source Software for Imagery & Mapping (OSSIM), Open Source Alternatives (Ben Balter et al.). Maximize portability, and avoid requiring proprietary languages/libraries unnecessarily. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. Big news for all of you U.S. government survey makers out there! For nearly two decades, the Ada programming language has been a cornerstone of efforts by the Department of Defense (DOD) to improve its software engineering practices. Industry Recognized Best Practices Standardized Nomenclature Technology Tool & Activity Mappings SMART Performance Metrics DoD Enterprise DevSecOps Reference Design DoD Enterprise DevSecOps. Even if a commercial program did not originally have vulnerabilities, both proprietary and OSS program binaries can be modified (e.g., with a hex editor or virus) so that it includes malicious code. A 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified many OSS programs that the DoD is already using that are licensed using the GPL. In particular, note that the costs borne by a particular organization are typically only those for whatever improvements or services are used (e.g., installation, configuration, help desk, etc.). Q: When a DoD contractor is developing a new system/software as a deliverable in a typical DoD contract, is it possible to use existing software licensed using the GNU General Public License (GPL)? Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. According to the U.S. Patent and Trademark Office (PTO): For more about trademarks, see the U.S. Patent and Trademark Office (PTO) page Trademark basics. dod approved survey tools. A company that found any of its proprietary software in an OSS project can in most cases quickly determine who unlawfully submitted that code and sue that person for infringement. The DoD CIO issued a memorandum titled "Clarifying Guidance Regarding Open Source Software (OSS)" on 16 October 2009, which superseded a memo May 2003 memo from John Stenbit. Each government program must determine its needs, and then evaluate its options for meeting those needs. The terms that apply to usage and redistribution tend to be trivially easy to meet (e.g., you must not remove the license or author credits when re-distributing the software). An example of such software is Expect, which was developed and released by NIST as public domain software. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. The key issue with both versions of the GPL is that, unlike most other OSS licenses, the GPL licenses require that a recipient of a binary (executable) must be able to demand and receive the source code of that program, and the recipient must also be able to propogate the work under that license. A permissive license permits arbitrary use of the program, including making proprietary versions of it. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. The public release also makes it easy to have copies of versions in many places, and to compare those versions, making it easy for many people to review changes. Q: Does the Antideficiency act (ADA) prohibit all use of OSS due to limitations on voluntary services? DOD created Ada in the 1970s to serve as a department-wide standard that would satisfy its special requirements for embedded and mission-critical software, and would also . Any company can easily review OSS to look for proprietary code that should not be there; there are even OSS tools that can find common code. Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. The following marking should be added to software source code when the government has unlimited rights due to the use of the DFARS 252.227-7014 contract: The U.S. Government has Unlimited Rights in this computer software pursuant to the clause at DFARS 252.227-7014. The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. Revision 1 ( b ) that information requirements be formally approved and.! In the commercial world, the copyright holders are typically the individuals and organizations that originally developed the software. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified some of many OSS programs that the DoD is already using, and concluded that OSS plays a more critical role in the [Department of Defense (DoD)] than has generally been recognized. Q: How does open source software relate to the Buy American Act? The approved security plan is the basis for the authorization and secure operation of the system and all future inspections. However, note that the advantages of cost-sharing only applies if there are many users; if no user/co-developer community is built up, then it can be as costly as GOTS. Thus, as long as the software has at least one non-governmental use, software licensed (or offered for license) to the public is a commercial product for procurement purposes. Q: How do GOTS, Proprietary COTS, and OSS COTS compare? See It In Action. Note, however, that this may be negotiated; if the government agrees to only receive lesser rights (such as government-purpose rights or restricted rights) then the government does not have the rights necessary to release that software as open source software. Defense Competency Assessment Tool (DCAT) Frequently Asked Questions (General) August 29, 2013 Page 3 methodology that includes facilitated DoD subject matter expert (SME) panels and survey samples based on a stratification of the functional population across the Department. Unix 3.0 is a good example of commercial use of OSS due to on! Collaborative and distributed online tools, and the GPL for something other than?. Is difficult to switch from the supplier attains a monopoly or it difficult... Devsecops Reference Design DoD Enterprise DevSecOps Reference Design DoD Enterprise DevSecOps Reference Design DoD Enterprise DevSecOps is good... 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