Similarly, U.S. Code Title 41, Section 104 defines the term Commercially available off-the-shelf (COTS) item; software is COTS if it is (a) a commercial product, (b) sold in substantial quantities in the commercial marketplace, and (c) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace. If you are looking for an application that has wide use, one of the various lists of open source alternatives may help. This should not be surprising; the DoD uses OSS extensively, and the GPL is the most popular OSS license. However, it must be noted that the OSS model is much more reflective of the actual costs borne by development organizations. NO SURVEY MAY BE CONDUCTED UNTIL FINAL APPROVAL IS RECEIVED FROM OMB. 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation defines Commercial computer software as software developed or regularly used for non-governmental purposes which: (i) Has been sold, leased, or licensed to the public; (ii) Has been offered for sale, lease, or license to the public; (iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.. However, if the goal is to encourage longevity and cost savings through a commonly-maintained library or application, protective licenses may have some advantages, because they encourage developers to contribute their improvements back into a single common project. Such links are provided consistent with the stated purpose of this website. Many software developers find software patents difficult to understand, making it difficult for them to determine if a given patent even applies to a given program. Thus, in many cases a choice of venue clause is not an insurmountable barrier to acceptance of the software delivery by the government. This IWR site contains a catalog of questionnaires (surveys) currently approved by the Office of Management and Budget (OMB) which can be used as a framework for creating and conducting water resource surveys. 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. Commercial support can either be through companies with specialize in OSS support (in general or for specific products), or through contractors who specialize in supporting customers and provide the OSS support as part of a larger service. The government can typically release software as open source software once it has unlimited rights to the software. Q: What additional material is available on OSS in the government or DoD? Q: How can I find open source software that meets my specific needs? The, Educate all software developers that they must comply with all valid licenses - including both proprietary. If the goal is maximize the use of a technology or standard in a variety of different applications/implementations, including proprietary ones, permissive licenses may be especially useful. AAF DoD Quick Reference Card Accelerated Life Testing Data Analysis Software Tool (ALTA) ACQuipedia Acquiring and Enforcing the Government's Rights in Technical Data and Computer Software Under Department of Defense Contracts Acquisition in the Digital Age (AiDA) Acquisition Logistics Engineering (ALE) Tools & Services Some documents are presented in Portable Document Format (PDF). There are many alternative clauses in the FAR and DFARS, and specific contracts can (and often do) have different specific agreements on who has which rights to software developed under a government contract. The purpose of Department of Defense Information Network Approved Products List (DODIN APL) is to maintain a single consolidated list of products that have completed Interoperability (IO) and Cybersecurity certification. The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. Software not subject to copyright is often called public domain software. Choosing between the various options - particularly between permissive, weakly protective, and strongly protective options - is perhaps the most difficult, because this selection depends on your goals, and there are many opinions on which licenses are most appropriate for different circumstances. Look at the Numbers! No. JHM researchers conducting research with DoD funding should review this guidance and consult with a member of the OHSR Compliance team to discuss the DoD requirements. Even for many modifications (e.g., bug fixes) this causes no issues because in many cases the DoD has no interest in keeping those changes confidential. OMB-Approved Planning and Operations Public Surveys PROCESS. You may only claim that a trademark is registered if it is actually registered. Software licensed under the GPL can be mixed with software released under other licenses, and mixed with classified or export-controlled software, but only under conditions that do not violate any license. If such software includes third-party components that were not produced in performace of that contract, the contractor is generally responsible for acquiring those components with acceptable licenses that premit the government to use that software. (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). Given the pervasiveness of software across all aspects of mission capabilities and supporting infrastructure, the successful implementation of this strategy will rely heavily on partnerships across the Department. In general, Security by Obscurity is widely denigrated. The information will be used to better understand training . Indeed, vulnerability databases such as CVE make it clear that merely hiding source code does not counter attacks: Hiding source code does inhibit the ability of third parties to respond to vulnerabilities (because changing software is more difficult without the source code), but this is obviously not a security advantage. An official website of the United States Government, Vice Chairman of the Joint Chiefs of Staff, Hosted by Defense Media Activity - WEB.mil. However, using a support vendor is not the only approach or the best approach in all cases; system/program managers and DAAs must look at the specific situation to make a determination. In addition, DISA has initiated an assessment of the APL process, which was enacted nearly a decade ago, to ensure that current procedures align with new and evolving departmental priorities. Q: How should I create an open source software project? 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.). Protection Guidance ( Supplement 23 ), Revision 1 - Catalog - DISA < /a > and Resources local.! If the government has received copyright (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply) then the government can release the software as open source software. By definition, open source software provides more rights to users than proprietary software (at least in terms of use, modification, and distribution). As noted in FAR 27.201-1, Pursuant to 28 U.S.C. In some cases access is limited to portions of the government instead of the entire government. The DoD Software Modernization Strategy is the first step, providing overarching principles, a common framework for understanding, and initial goals and objectives. DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. In many cases, weakly protective licenses are used for common libraries, while strongly protective licenses are used for applications. 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. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. If it must work with other components, or is anticipated to work with other components, ensure that the license will permit those anticipated uses. OSS options should be evaluated in principle the same way you would evaluate any option, considering need, cost, and so on. OSS COTS tends to be lower cost than GOTS, in part for the same reasons as proprietary COTS: its costs are shared among more users. These services must be genuinely generic in the sense that the applications that use them must not depend on the detailed design of the GPL software to work. Q: Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts? Thus, even this FAQ was developed using open source software. The Free Software Foundation (FSF) interprets linking a GPL program with another program as creating a derivative work, and thus imposing this license term in such cases. The GPL version 2 and the GPL version 3 are in principle incompatible with each other, but in practice, most released OSS states that it is GPL version 2 or later or GPL version 3 or later; in these cases, version 3 is a common license and thus such software is compatible. This statute says that, An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property., The US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book) explains federal appropriation law. 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. . This is not a contradiction; its quite common for different organizations to have different rights to the same software. That said, other factors may be more important for a given circumstance. Allowances Tables. (See GPL FAQ, Can I use the GPL for something other than software?.). 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