Resources for further information include: In brief, the MIT and 2-clause BSD license are dominated by the 3-clause BSD license, which are all dominated by the LGPL licenses, which are all dominated by the GPL licenses. OTD includes both OSS and OGOTS/GOSS. Obviously, software that does not meet the U.S. governments definition of commercial computer software is not considered commercial software by the U.S. governments acquisition processes. Use typical OSS infrastructure, tools, etc. 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. It is DoD policy pursuant to Reference (b) that information requirements be formally approved and licensed. The version being viewed at this site is a library copy of the "official record" which is maintained according to AR 25-400-2, The Army Records Information . No; this is a low-probability risk for widely-used OSS programs. The appearance of hyperlinks does not constitute endorsement by the Department of Defense of non-U.S. Government sites or the information, products, or services contained therein. Surveys of survivors of Marines may be approved under this Order if the topic relates to survivor benefits or other areas relevant to Marine Corps or military programs and policies. Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. For more discussion on this topic, see the article Open Source Software Is Commercial. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. In particular, will it be directly linked with proprietary or classified code? 1342, Limitation on voluntary services, US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book), the 1982 decision B-204326 by the U.S. Comptroller General, How to Evaluate Open Source Software / Free Software (OSS/FS) Programs, Capgeminis Open Source Maturity Model (OSMM), Top Tips For Selecting Open Source Software, Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), Code Analysis of the Linux Wireless Teams ath5k Driver, DFARS subpart 227.70infringement claims, licenses, and assignments, Prior Art and Its Uses: A Primer, by Theodore C. McCullough, this NASA Jet Propulsion Laboratory (JPL) project became a top level open source Apache Software Foundation project in 2011, Geographic Resources Analysis Support System (GRASS), Publicly Releasing Open Source Software Developed for the U.S. Government, CENDIs Frequently Asked Questions About Copyright, GPL FAQ, Question Can the US Government release a program under the GNU GPL?, Free Software Foundation License List, Public Domain, GPL FAQ, Question Can the US Government release improvements to a GPL-covered program?, Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011, U.S. Code Title 41, Chapter 7, Section 103, follow standard source installation release practices, Open Source Software license by the Open Source Initiative (OSI), Free Software license by the Free Software Foundation (FSF), Many view OSS license proliferation as a problem, Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek), Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities, licenses accepted by the Google code hosting service, Producing Open Source Software: How to Run a Successful Free Software Project by Karl Fogel, Open Technology Development (OTD): Lessons Learned & Best Practices for Military Software, Recognizing and Avoiding Common Open Source Community Pitfalls, Releasing Free/Libre/Open Source Software (FLOSS) for Source Installation, GNU Coding Standards, especially on the release process, Wikipedias Comparison of OSS hosting facilities page, U.S. Patent and Trademark Office (PTO) page Trademark basics, U.S. Patent and Trademark Office (PTO) page Should I register my mark?, Open Technology Development Lessons Learned, Office of the Director of National Intelligence (ODNI) Government Open-Source Software (GOSS) Handbook for Govies, Military - Open Source Software (MIL-OSS) DoD/IC discussion list, Hosted by Defense Media Activity - WEB.mil, Open source software licenses are reviewed and approved as conforming to the, In practice, an open source software license must also meet the, Fedora reviews licenses and publishes a list of, The Department of Navy CIO issued a memorandum with guidance on open source software on 5 Jun 2007. For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. As always, if there are questions, consult your attorney to discuss your specific situation. Users can send bug reports to the distributor or trusted repository, just as they could for a proprietary program. Surveys OPM Psychologists are experts in survey methodology and evaluation and have the unique capability of providing Governmentwide benchmark data in addition to private sector comparisons. This development enhances the ease and speed with which government users can set up SurveyMonkey accounts, allowing the government to quickly gather information through online surveys to assist in their decision making processes. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. For example, the Government has public release rights when the software is developed by Government personnel, when the Government receives unlimited rights in software developed by a contractor at Government expense, or when pre-existing OSS is modified by or for the Government. Insights include tools for creation, distribution, and analysis of surveys, as well as platforms for polling, mobile research, and data visualization. If you have concerns about using in-house staff, augmented by the OSS community for those components, then select and pay a commercial organization to provide the necessary support. Note, however, that this risk has little to do with OSS, but is instead rooted in the risks of U.S. patent infringement for all software, and the patent indemnification clauses in their contract. Share a survey with people who are authorized to work on that survey what are the DoD-approved survey ( That is both Tier-1 Leapfrog and Magnet/ANCC accredited all DOD Network infrastructures our solutions packages include all of DODIN! The term trademark is often used to refer to both trademarks and service marks. Since users will want to use the improvements made by others, they have a strong financial incentive to submit their improvements to the trusted repository. 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. Whats more, proprietary software release practices make it more difficult to be confident that the software does not include malicious code. Cisco takes a deep dive into the challenges agency leaders face in ensuring the Federal Government an. What programs are already in widespread use? Provides Data on Property Disposition Actions and Demilitarization. 923, is in 31 U.S.C. 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. This has never been true, and explaining this takes little time. 1342, Limitation on voluntary services. Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. I test every recipe I post. There are valid business reasons, unrelated to security, that may lead a commercial company selling proprietary software to choose to hide source code (e.g., to reduce the risk of copyright infringement or the revelation of trade secrets). Information from this questionnaire will be used to update our records and enable us to maintain our approved supplier list. Our survey administration services include survey design, sampling, communications, data management, statistical analysis, and results reporting. Use of Department of Defense (DoD) Satellite Communications (SATCOM). That said, this does not mean that all OSS is superior to all proprietary software in all cases by all measures. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Contact 1-800-CAL-DTIC (1-800-225-3842) if you still have issues. The Changing Context for DOD Software Development | Ada 3. 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. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? The FAR and DFARS do not currently mandate any specific marking for software where the government has unlimited rights. Export control laws are often not specifically noted in OSS licenses, but nevertheless these laws also govern when and how software may be released. Results provide valuable insight into the latest technologies to get it done State University Fullerton. 31 U.S.C. Again, these are examples, and not official endorsements of any particular product or supplier. Application Mixing GPL can rely on other software to provide it with services, provided either that those services are either generic (e.g., operating system services) or have been explicitly exempted by the GPL software designer as non-GPL components. Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. Include upgrade/maintenance costs, including indirect costs (such as hardware replacement if necessary to run updated software), in the TCO. 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. 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)? 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. The usual federal non-DoD clause (FAR 52.227-14) also permits this by default as long as the government has not granted the contractor the right to assert copyright. The U.S. government can often directly combine GPL and proprietary, classified, or export-controlled software into a single program arbitrarily, as long as the result is never conveyed outside the U.S. government. Software licenses (including OSS licenses) may also involve the laws for patent, trademark, and trade secrets, in addition to copyright. The public release of the item is not restricted by other law or regulation, such as the Export Administration Regulations or the International Traffic in Arms Regulation, and the item qualifies for Distribution Statement A, per DoD Directive 5230.24 (reference (i)).". Where it is important, examining the security posture of the supplier (the OSS project) and scanning/testing/evaluating the software may also be wise. and supervisors will be provided instructions in the tool on how to complete the survey. About PIEE. Want to find out more about this topic? Q: Are non-commercial software, freeware, or shareware the same thing as open source software? What is Open Technology Development (OTD)? 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No, DoD policy does not require you to have commercial support for OSS, but you must have some plan for support. Special Observance Products Other Tools Cultural Observances and Awareness Events Listing CY2022 Special Observance Planning Guide (pdf) Special Observance Planning Guide (ppt) Many of our DEOMI observance and awareness event products are designed without dates and may . Q: How can you determine if different open source software licenses are compatible? This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. Q: What is the legal basis of OSS licenses? If It Is Worth Dying for, It Is Worth Living for. Consider anticipated uses. Wikipedias Comparison of OSS hosting facilities page may be helpful in identifying existing hosting facilities, as well as some of their pros and cons. More recent decisions, such as the 1982 decision B-204326 by the U.S. Comptroller General, continue to confirm this distinction between gratuitous and voluntary service. The release may also be limited by patent and trademark law. The project manager, program manager, or other comparable official determines that it is in the Governments interest to do so, such as through the expectation of future enhancements by others. 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. Catalog - DISA < /a > and Resources management agency < /a > resource Materials survey interview Love and have used over the next few weeks, several DTIC products will be unavailable! DFARS 252.227-7014 specifically defines commercial computer software in a way that includes nearly all OSS, and defines noncommercial computer software as software that does not qualify as commercial computer software. 7101-7109). Furthermore, 52.212-4(s) says: (s) Order of precedence. Do you have the materials (e.g., source code) and are all materials properly marked? Determine if there will be a government-paid lead. Airmen who get a survey can check the approved AF surveys list on the Air Force Portal at https://www.my.af.mil/gcss-af/USAF/content/ApprovedSurveys, or contact the survey office at af.surveys@us.af.mil. Knowledge is more important than the licensing scheme. Note that under the DoD definition of open source software, such public domain software is open source software. Q: Does the DoD already use open source software? 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. While budget constraints and reduced staffing have forced the APL process to operate in a limited manner, 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. Approved Platforms for Web-Surveys Department of Defense Guidance for Coronavirus Disease 2019 Vaccination Attestation, Screening Testing, and . As with all commercial items, organizations must obey the terms of the commercial license, negotiate a different license if necessary, or not use the commercial item. Senior leaders across DoD see bridging the tactical edge and embedding resilience to scale as key issues moving forward. The Department's adaptability increasingly relies on software and the ability to securely and rapidly deliver resilient software capability is a competitive advantage that will define future conflicts. Distribution Mixing GPL and other software can be stored and transmitted together. As a result, it is difficult to develop software and be confident that it does not violate enforceable patents. Federal, State and Local Government Surveys. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. Whether or not this was intentional, it certainly had the same form as a malicious back door. A PDF reader is required for viewing. Not under typical open source software licenses based on copyright, but there is an alternative with the same practical effect. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. Problems must be fixed. The DoD does not have a single required process for evaluating OSS. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. View the following video clip to learn more about the products available to support your local program. You may only claim that a trademark is registered if it is actually registered. Below to correct the link track of the Rehabilitation Act of 1973, as amended ( U.S.C. There are many alternative clauses in the FAR and DFARS, and specific contracts can (and often do) have different agreements on who has which rights to software developed under a government contract. Careful legal review is required to determine if a given license is really an open source software license. Q: Is it more difficult to comply with OSS licenses than proprietary licenses? results of DOD surveys are shared with the FAA, Department of Interior for common carriers, and when requested, the National Transportation Safety Board. 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. These prevent the software component (often a software library) from becoming proprietary, yet permit it to be part of a larger proprietary program. 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. Thankfully, there are ways to reduce the risk of executing malicious code when using commercial software (both proprietary and OSS). how to ensure the interoperability of systems; how to build systems that are manageable. However, the government can release software as OSS when it has unlimited rights to that software. Note that this sometimes depends on how the program is used or modified. Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? Examples include: If you know of others who have similar needs, ask them for leads. The Procurement Integrated Enterprise Environment (PIEE) is the primary enterprise procure-to-pay (P2P) application for the Department of Defense and its supporting agencies and is trusted by companies reporting over $7.1 billion in spending. As hardware replacement if necessary to run updated software ), in tool... To all proprietary software in all cases by all measures get it done State University Fullerton is used modified... Must have some plan for support Guidance for Coronavirus Disease 2019 Vaccination,... Of web browsers including Mozilla Firefox no, DoD policy pursuant to Reference b... Can you determine if it is difficult to comply with OSS licenses particular! 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