Again, these are examples, and not official endorsements of any particular product or supplier. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. 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)). At the subsequent meeting of the Inter-Allied Council . No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. 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. In practice, commercial software (OSS or not) tends to be developed globally, especially when you consider their developers and supply chains. SUBJECT: Software Applications Approval Process . (Such terms might include open source software, but could also include other software). To provide Cybersecurity tools to . Certain FAR clause alternatives (such as FAR 52.227-17) require the contractor to assign the copyright to the government. In particular, it found that DoD security depends on (OSS) applications and strategies, and that a hypothetic ban would have immediate, broad, and in some cases strongly negative impacts on the ability of the DoD to analyze and protect its own networks against hostile intrusion. (See next question. As far as I have heard, unless you are a programmer then you aren't getting any actual development software. 1.1.4. It depends on the goals for the project, however, here are some guidelines: Public domain where required by law. This has never been true, and explaining this takes little time. If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. 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. 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. In this case, the government has the unenviable choice of (1) spending possibly large sums to switch to the new project (which would typically have a radically different interface and goals), or (2) continuing to use the government-unique custom solution, which typically becomes obsolete and leaves the U.S. systems far less capable that others (including those of U.S. adversaries). Recent rulings have strengthened the requirement for non-obviousness, which probably renders unenforceable some already-granted software patents, but at this time it is difficult to determine which ones are affected. A copyright holder who releases creative works under one of the Creative Common licenses that permit commercial use and modifications would be using an OSS-like approach for such works. This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. 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. Below are current coronavirus disease 2019 statistics for Department of Air Force personnel: *These numbers include all of the cases that were reported since our last update on Jan. 18. In such licenses, if you give someone a binary of the program, you are obligated to give them the source code (perhaps upon request) under the same terms. The first meeting of the World Health Assembly (WHA), the agency's governing body, took place on 24 July of that year. If you are applying for a scholarship as a high school student, you must be accepted to the program and academic major that you indicate on your scholarship application. Each government program must determine its needs, and then evaluate its options for meeting those needs. The 1997 InfoWorld Best Technical Support award was won by the Linux User Community. Q: Where can I release open source software that are new projects to the public? Even when the original source is necessary for in-depth analysis, making source code available to the public significantly aids defenders and not just attackers. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Q: What are Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS)? Public Law 115-232 defines OSS defines OSS as software for which the human-readable source code is available for use, study, re-use, modification, enhancement, and re-distribution by the users of such software. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). 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. 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. Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? African nations hold Women, Peace and Security Panel at AACS 2023. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? Thus, to reduce the risk of executing malicious code, potential users should consider the reputation of the supplier and the experience of other users, prefer software with a large number of users, and ensure that they get the real software and not an imitator. Video conferencing platforms Zoom and Microsoft Teams are both FedRamp approved, but while Zoom offers end-to-end encryption, Microsoft Teams does not, according to the National Security Agency . I agree to abide by software copyrights and to comply with the terms of all licenses. Look at the Numbers! A GPLed program can run on top of a classified/proprietary platform when the platform is a separate System Library (as defined in GPL version 3). An agency that failed to consider open source software, and instead only considered proprietary software, would fail to comply with these laws, because it would unjustifiably exclude a significant part of the commercial market. The government is not the copyright holder in such cases, but the government can still enforce its rights. Use a common OSS license well-known to be OSS (GPL, LGPL, MIT/X, BSD-new, Apache 2.0) dont write your own license. Air Force football finishes signing class with 28 three-star recruits, most in Mountain West. Some have found that community support can be very helpful. Vendor lock-in, aka lock-in, is the situation in which customers are dependent on a single supplier for some product (i.e., a good or service), or products, and cannot move to another vendor without substantial costs and/or inconvenience. Is it COTS? Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. Do you have the materials (e.g., source code) and are all materials properly marked? However, often software can be split into various components, some of which are classified and some of which are not, and it is to these unclassified portions that this text addresses. The doctrine of unclean hands, per law.com, is a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. The 88th Air Base Wing is the host organization for Wright-Patterson Air Force Base. The Air Force thinks it's finally found a way. When the software is already deployed, does the project develop and deploy fixes? DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . This might occur, for example, if the government originally only had Government Purpose Rights (GPR), but later the government received unlimited rights and released the software as OSS. Software/hardware for which the implementation, proofs of its properties, and all required tools are released under an OSS license are termed open proofs(see the open proofs website for more information). Full Residential Load Calculation. Thus, if a defendant can show the plaintiff had unclean hands, the plaintiffs complaint will be dismissed or the plaintiff will be denied judgment. So if the government releases software as OSS, and a malicious developer performs actions in violation of that license, then the governments courts might choose to not enforce any of that malicious developers intellectual rights to that result. how to ensure the interoperability of systems; how to build systems that are manageable. Perhaps more importantly, by forcing there to be an implementation that others can examine in detail, resulting in better specifications that are more likely to be used. Thus, in many cases a choice of venue clause is not an insurmountable barrier to acceptance of the software delivery by the government. 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. Contact Contracting. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. Q: Is open source software the same as open systems/open standards? 2019 Approved Software Developers and Transmitters (PDF 51.18 KB) Updated April 15, 2020. Most commercial software (including OSS) is not designed for such purposes. Q: Does the DoD already use open source software? Many DoD capabilities are accessible via web browsers using open standards such as TCP/IP, HTTP, and HTML; in such cases, it is relatively easy to use or switch to open source software implementations (since the platforms used to implement the client or server become less relevant). can be competed, and the cost of some improvements may be borne by other users of the software. Approved software is listed on the DCMA Approved Software List. However, sometimes OGOTS/GOSS software is later released as OSS. There are two versions of the GPL in widespread use: version 2 and version 3. Commercial software (including OSS) that has widespread use often has lower risk, since there are often good reasons for its widespread use. Once software exists, all costs are due to maintenance and support of software. Enables families, visitors and the public to locate gravesites, events or other points of interest throughout the cemetery. Q: How do GOTS, Proprietary COTS, and OSS COTS compare? Specifically, the federal governments IA controls, as documented in NIST SP 800-53 revision 5 includes a control enhancement, CM-7(8). A U.S. Air Force A-10 receives maintenance at Davis-Monthan Air Force Base, Arizona, May 29, 2020. FAR 52.227-1 (Authorization and Consent), as prescribed by FAR 27.201-2(a)(1), inserts the clause that the Government authorizes and consents to all use and manufacturer of any invention (covered by) U.S. patent. 10 USC 2377 requires that the head of an agency shall ensure that procurement officials in that agency, to the maximum extent practicable: Similarly, it requires preliminary market research to determine whether there are commercial services or commercial products or, to the extent that commercial products suitable to meet the agencys needs are not available, nondevelopmental items other than commercial items available that (A) meet the agencys requirements; (B) could be modified to meet the agencys requirements; or (C) could meet the agencys requirements if those requirements were modified to a reasonable extent. This market research should occur before developing new specifications for a procurement by that agency; and before soliciting bids or proposals for a contract in excess of the simplified acquisition threshold.. Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. First, get approval to publicly release the software. Many governments, not just the U.S., view open systems as critically necessary. The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). Adtek Acculoads. However, there are advantages to registering a trademark, especially for enforcement. The release of the software may be restricted by the International Traffic in Arms Regulation (ITAR) or Export Administration Regulation (EAR). Choose a license that best meets your goals. DISA has updated the APL Integrated Tracking System, a web-based user database, to list products that have been approved and the current status of remaining items that are still in process. Control enhancement CM-7(8) states that an organization must prohibit the use of binary or machine-executable code from sources with limited or no warranty or without the provision of source code. U.S. law governing federal procurement U.S. Code Title 41, Section 103 defines commercial product as including a product, other than real property, that (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. DoDIN Approved Products List. If it is a modification of an existing project, or a plug-in to it, release it under the projects original license (and possibly other licenses). Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. Continuous and broad peer-review, enabled by publicly available source code, improves software reliability and security through the identification and elimination of defects that might otherwise go unrecognized by the core development team. For local guidance, Airmen are encouraged to . There is a fee for registering a trademark. Defense Information Systems Agency (DISA), National Centers of Academic Excellence in Cybersecurity (NCAE-C), Public Key Infrastructure/Enabling (PKI/PKE), https://dl.dod.cyber.mil/wp-content/uploads/home/img/img1.jpg. . Instead, users who are careful to use open standards can easily switch to a different implementation, including an OSS implementation. In some cases access is limited to portions of the government instead of the entire government. 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)? For almost as long as smartphones have existed, defense IT leaders have wondered aloud whether they'd ever be able to securely implement a bring-your-own-device (BYOD) approach to military networks. No, the DoD does not have an official recommendation for any particular OSS product or set of products, nor a Generally Recognized as Safe/Mature list. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. Yes. 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. The first-ever Oklahoma Black History Day was celebrated at the state Capitol Feb. 13 with Lt. Gen. Stacey Hawkins, Air Force Sustainment Center commander, serving as the keynote speaker for the event.Hosted by the Oklahoma Legislative Black Caucus, a focus of this . 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? Q: In what form should I release open source software? DSEI 2021, ExCel, LONDON, UK - 14 September 2021 - Curtiss-Wright's Defense Solutions division (Bays 22-26 ExCeL Exhibition Centre), a trusted supplier of tactical data link (TDL) software and hardware solutions engineered to succeed, announced that it has received certification from . In contrast, typical proprietary software costs are per-seat, not per-improvement or service. The DSOP is joint effort of the DOD's Chief Information Officer, Office of the Undersecretary of Defense for Acquisition and Sustainment. The term has primarily been used to reflect the free release of information about the hardware design, such as schematics, bill of materials and PCB layout data, or its representation in a hardware description language (HDL), often with the use of open source software to drive the hardware. In practice, OSS projects tend to be remarkably clean of such issues. If you are releasing OSS source code for Unix-like systems (including Linux and MacOS), you should follow the usual conventions for doing so as described below: You may use existing industry OSS project hosting services such as SourceForge, Savannah, GitHub, or Apache Software Foundation. Since OSS provides source code, there is no problem. DoD ESI is pleased to announce the Cybersecurity Multi-Award Blanket Purchase Agreements (BPAs) for Appgate, CyberArk, Exabeam, Fidelis Security, Firemon, Forcepoint, Fortinet, Illumio, LogRhythm, Okta, Ping Identity, Racktop Systems, RedSeal, Sailpoint, Tychon and Varonis Systems. This is not a copyright license, it is the absence of a license. 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. Boundary Protection Devices and Systems - 41 Certified Products. However, the required FAR Clause 52.212-4(d) establishes that This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. Here is an explanation of these categories, along with common licenses used in each category (see The Free-Libre / Open Source Software (FLOSS) License Slide): In general, legal analysis is required to determine if multiple programs, covered by different OSS licenses, can be legally combined into a single larger work. Military orders. The good news is that, by definition, OSS provides its source code, enabling a more informed evaluation than is typically available for other kinds of COTS products. No changes since that date. Yes. Thus, public domain software provides recipients all of the rights that open source software must provide. Depending on your goals, a trademark, service mark, or certification mark may be exactly what you need. Depending on the contract and its interpretation, contractors may be required to get governmental permission to include commercial components in their deliverables; where this applies, this would be true for OSS components as well as proprietary components. OSS-like development approaches within the government. We maintain more than 8,000 acres of land, a physical plant of over 16 million square feet and provide operational support for more than 100 associate units located at Wright-Patterson. Q: Can OSS licenses and approaches be used for material other than software? TCG LinkPRO, TCG BOSS, and TCG GTS all earn placement on DOD's OTI evaluated/approved products list. A weakly-protective license is a compromise between the two, preventing the covered library from becoming proprietary yet permitting it to be embedded in larger proprietary works. Most of the Air Force runs on excel VBA because of this. (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. The FAR and DFARS specifically permit different agreements to be struck (within certain boundaries). Instead, Government employees must ensure that they do not accept services rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. Again, if this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Thus, open systems require standards that are widely-supported and consensus-based; standards that meet these (and possibly some additional conditions) may be termed open standards. This also means that these particular licenses are compatible. It can be argued that classified software can be arbitrarily combined with GPL code, beyond the approaches described above. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low. 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. That said, other factors may be more important for a given circumstance. The WHO was established on 7 April 1948. The IDA Open Source Migration Guidelines recommend: It also suggests that the following questions need to be addressed: It also recommends ensuring that decisions made now, even if they do not relate directly to a migration, should not further tie an Administration to proprietary file formats and protocols. Example: GPL software can be stored on the same computer disk as (most kinds of) proprietary software. This shows that proprietary software can include functionality that could be described as malicious, yet remain unfixed - and that at least in some cases OSS is reviewed and fixed. In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. Examine if it is truly community-developed - or if there are only a very few developers. See also DFARS subpart 227.70infringement claims, licenses, and assignments and 28 USC 1498. Special Series. Estimating the Total Development Cost of a Linux Distribution estimates that the Fedora 9 Linux distribution, which contains over 5,000 software packages, represents about $10.8 billion of development effort in 2008 dollars. The DoD has not expressed a position on whether or not software should be patented, but it is interested in ensuring that software that effectively supports its missions can be developed in a cost-effective, timely, and legal manner. Its flexibility is as high as GOTS, since it can be arbitrarily modified. Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief. In short, it determined that the OSS license at issue in the case (the Artistic license) was indeed an enforceable license. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. The services focus on bringing automated software tools, services and standards to DOD programs so that warfighters can create, deploy, and operate software applications in a secure, flexible, and . Software developed by US federal government employees (including military personnel) as part of their official duties is not subject to copyright protection in the US (see 17 USC 105). Note also that merely being developed for the government is no guarantee that there is no malicious embedded code. Also, there are rare exceptions for NIST and the US Postal Service employees where a US copyright can be obtained (see CENDIs Frequently Asked Questions About Copyright). Indeed, many people have released proprietary code that is malicious. Instead, the ADA prohibits government employees from accepting services that are not intended or agreed to be gratuitous, but were instead rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. 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. At a high-level, DoD policy requires commercial software (including OSS) to come with either a warranty or source code, so that the software can be maintained when necessary by the supplier or the government. Wikipedias Comparison of OSS hosting facilities page may be helpful in identifying existing hosting facilities, as well as some of their pros and cons. Whether or not this will occur depends on factors such as the number of potential users (more potential users makes this more likely), the existence of competing OSS programs (which may out-compete the newly released component), and how difficult it is to install/use. In addition, ignoring OSS would not be lawful; U.S. law specifically requires consideration of commercial software (including extant OSS, regardless of exactly which license it uses), and specifically instructs departments to pass this requirement to consider commercial items down to contractors and their suppliers at all tiers. 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. OSS implementations can help create and keep open standards open. The DoD is, of course, not the only user of OSS. Unfortunately, the government must pay for all development and maintenance costs of GOTS; since these can be substantial, GOTS runs the risk of becoming obsolete when the government cannot afford those costs. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. For more information, see the. The government can typically release software as open source software once it has unlimited rights to the software. If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Specific patents can also be authorized using clause FAR 52.227-5 or via listed exceptions of FAR 52.227-3. Established Oct. 1, 2013, the Defense Health Agency is the centerpiece of Military Health System governance reform, as outlined in the Deputy Secretary of Defense's March 11, 2013 Memorandum "Implementation of Military Health System Governance Reform." The DHA's role is to achieve greater integration of our direct and purchased health care delivery systems so that we accomplish the .

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