Obviously, contractors cannot release anything (including software) to the public if it is classified. It may be found at, US Army Regulation 25-2, paragraph 4-6.h, provides guidance on software security controls that specifically addresses open source software. DAF COVID-19 Statistics - January 2022 - Air Force These decisions largely held that the GNU General Public License, version 2 was enforceable in a series of five related legal cases loosely referred to as Versata v. Ameriprise, although there were related suits against Versata by XimpleWare. When examining a specific OSS project, look for evidence that review (both by humans and tools) does take place. A Boston Consulting Group study found that the average age of OSS developers was 30 years old, the majority had training in information technology and/or computer science, and on average had 11.8 years of computer programming experience. 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. Although the government cannot directly sue for copyright violation, in such cases it can still sue for breach of license and, presumably, get injunctive relief to stop the breach and money damages to recover royalties obtained by breaching the license (and perhaps other damages as well). Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. In most cases, yes. Do not use spaces when performing a product number/title search (e.g. A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.. 2518(4)(B) says that, An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed. The CBP also pointed out a ruling (Data General v. United States, 4 CIT 182 (1982)), that programming a PROM performed a substantial transformation. 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. Clarifying Guidance Regarding Open Source Software (OSS) states that "Software items, including code fixes and enhancements, developed for the Government should be released to the public (such as under an open source license) when all of the following conditions are met: The government or contractor must determine the answer to these questions: Source: Publicly Releasing Open Source Software Developed for the U.S. Government. If it is a new project, be sure to remove barriers to entry for others to contribute to the project: OSS should be released using conventional formats that make it easy to install (for end-users) and easy to update (for potential co-developers). Classified information may not be released to the public without special authorization to do so. First of all, being a US firm has little relationship to the citizenship of its developers and its suppliers developers. Search. If the intent of a contract is to develop software to be released as open source software, it is best to expressly include release as OSS as part of the contract. The 2003 MITRE study section 1.3.4 outlines several ways to legally mix GPL with proprietary or classified software: Often such separation can occur by separating information into data and a program that uses it, or by defining distinct layers. (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). Such developers need not be cleared, for example. CJC-1295 DAC. The Secretary of the Air Force approved the activation plan on 25 January 1972 and the college was established 1 April 1972 at Randolph AFB, Texas. Q: Does the Antideficiency act (ADA) prohibit all use of OSS due to limitations on voluntary services? You can support OSS either through a commercial organization, or you can self-support OSS; in either case, you can use community support as an aid. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? This resource contains Facility-Related Control Systems (FRCS) guidance, reference materials, checklists and templates.The DoD has adopted the Risk Management Framework (RMF) for all Information Technology and Operational Technology networks, components and devices to include FRCS. Army - (703) 602-7420, DSN 332. It's Official: Most Zoom Versions Now Off-Limits to the Military Bruce Perens noted back in 1999, Do not write a new license if it is possible to use (a common existing license) The propagation of many different and incompatible licenses works to the detriment of Open Source software because fragments of one program cannot be used in another program with an incompatible license. Many view OSS license proliferation as a problem; Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek) noted that not only are there too many OSS licenses, but that the consequences for blithely creating new ones are finally becoming concrete the vast majority of open source products out there use a small handful of licenses Now that open source is becoming (gasp) a mainstream phenomenon, using one of the less-common licenses or coming up with one of your own works against you more often than not. I agree to abide by software copyrights and to comply with the terms of all licenses. Software not subject to copyright is often called public domain software. Distribution Mixing GPL and other software can be stored and transmitted together. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. 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. 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). Units. For at least 7 years, Borlands Interbase (a proprietary database program) had embedded in it a back door; the username politically, password correct, would immediately give the requestor complete control over the database, a fact unknown to its users. Under the DFARS or the FAR, the government can release software as open source software once it receives unlimited rights to that software. Government Approved Drones U.S. DoD Lists Blue sUAS - DRONELIFE Do you have the necessary copyright-related rights? In the DoD, the GIG Technical Guidance Federation is a useful resource for identifying recommended standards (which tend to be open standards). Such software does not normally undergo widespread public review, indeed, the source code is typically not provided to the public and there are often license clauses that attempt to inhibit review further (e.g., forbidding reverse engineering and/or forbidding the public disclosure of analysis results). DSOP | Office of the Chief Software Officer, U.S Air Force - AF New York ANG supports Canadian arctic exercise. DOR Approved Software Developers | Mass.gov Depending on your goals, a trademark, service mark, or certification mark may be exactly what you need. Note that enforcing such separation has many other advantages as well. These formats may, but need not, be the same. NIAP: Product Compliant List - NIAP-CCEVS Been retired for a few years but work for a company that has a contract with the Air Force and Army. They can obtain this by receiving certain authorization clauses in their contracts. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. - The award authority will establish the maximum award nomination length (number of . The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. A choice of venue clause is a clause that states where a dispute is to be resolved (e.g., which court). Choose a license that is recognized as an Open Source Software license by the Open Source Initiative (OSI), a Free Software license by the Free Software Foundation (FSF), and is acceptable to widely-used Linux distributions (such as being a good license for Fedora). 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. Unfortunately, this typically trades off flexibility; the government does not have the right to modify the software, so it cannot fix serious security problems, add arbitrary improvements, or make the software work on platforms of its choosing. Salesforce Government Cloud takes advantage of the same cloud-based CRM technology that has made Salesforce a household name among businesses large and small. Document the projects purpose, scope, and major decisions - users must be able to quickly determine if this project might meet their needs. (US Air Force/Airman 1st Class Jacob T. Stephens) . Q: Where can I release open source software that are new projects to the public? There is no injunctive relief available, and there is no direct cause of action against a contractor that is infringing a patent or copyright with the authorization or consent of the Government (e.g., while performing a contract).. 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. Thus, if there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. Note: Software that is developed collaboratively by multiple organizations within the government and its contractors for government use, and not released to the public, is sometimes called Open Government Off-the-Shelf (OGOTS) or Government OSS (GOSS). Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? This need for legal analysis is one reason why creating new OSS licenses is strongly discouraged: It can be extremely difficult, costly, and time-consuming to analyze the interplay of many different licenses. For more discussion on this topic, see the article Open Source Software Is Commercial. Q: What are synonyms for open source software? However, this approach should not be taken lightly. This is particularly the case where future modifications by the U.S. government may be necessary, since OSS by definition permits modification. Air Force - (618)-229-6976, DSN 779. If it must work with other components, or is anticipated to work with other components, ensure that the license will permit those anticipated uses. However, the public domain portions may be extracted from such a joint work and used by anyone for any purpose. (3) Verbal waivers are NOT authorized. When the program was released as OSS, within 5 months this vulnerability was found and fixed. 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. Example: GPL software can be stored on the same computer disk as (most kinds of) proprietary software. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; . Examples include GPL applications running on proprietary operating systems or wrappers, and GPL applications that use proprietary components explicitly marked as non-GPL. U.S. government contractors (including those in the DoD) are often indemnified from patent infringement by the U.S. government as part of their contract. Once the government has unlimited rights, it may release that software to the public under any terms it wishes - including by using the GPL. 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. All new software products must go through the systems change request approval process and complete a satisfactory risk assessment. There are substantial benefits, including economic benefits, to the creation and distribution of copyrighted works under public licenses that range far beyond traditional license royalties The choice to exact consideration in the form of compliance with the open source requirements of disclosure and explanation of changes, rather than as a dollar-denominated fee, is entitled to no less legal recognition. The following externally-developed evaluation processes or tips may be of use: Migrating from an existing system to an OSS approach requires addressing the same issues that any migration involves. For advice about a specific situation, however, consult with legal counsel. Home page of Hill Air Force Base Tech must enable mission success. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). Home page of Tinker Air Force Base No. 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. Of them, 40 Airmen voluntarily left the service and 14 officers retired, according to Undersecretary of the Air Force Gina Ortiz Jones at a House Armed Services Committee hearing Feb. 28. In addition, a third party who breaches a software license (including for OSS) granted by the government risks losing rights they would normally have due to the doctrine of unclean hands. The more potential users, the more potential developers. If your contract has FAR clause 52.212-4 (which it is normally required to do), then choice of venue clauses in software licenses are undesirable, but the order of precedence clause (in the contract) means that the choice of venue clause (in the license) is superseded by the Contract Disputes Act. 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). 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. No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. 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. Cisco Systems, Inc. 170 West Tasman Dr. San Jose, CA 95134-1706 USA. The DoDIN APL is managed by the Approved Products Certification Office (APCO). PDF By Order of The Commander, United U.s. Air Forces Central States Air Q: Is OSS commercial software? Otherwise, choose some existing OSS license, since all existing licenses add some legal protections from lawsuits. Home page of Air Force Materiel Command There are two runways supporting an average of 47,000 aircraft operations . This eliminates future incompatibility and encourages future contributions by others. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. It is important to understand that open source software is commercial software, because there are many laws, regulations, policies, and so on regarding commercial software. Classified software should already be marked as such, of course. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . Commercial software (including OSS) that has widespread use often has lower risk, since there are often good reasons for its widespread use. Release modifications under same license. Thus, avoid releasing software under only the original (4-clause) BSD license (which has been replaced by the new or revised 3-clause licence), the Academic Free License (AFL), the now-abandoned Common Public License 1.0 (CPL), the Open Software License (OSL), or the Mozilla Public License version 1.1 (MPL 1.1). This General Service Administration (GSA . U.S. law governing federal procurement U.S. Code Title 41, Chapter 7, Section 103 defines commercial product as 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 . Are there guidance documents on OGOTS/GOSS? The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. The example of Borlands InterBase/Firebird is instructive. By definition, open source software provides more rights to users than proprietary software (at least in terms of use, modification, and distribution). Where possible, software developed partly by government funds should broken into a set of smaller components at the lowest practicable level so the rules can be applied separately to each one. This page is an educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of open source software (OSS) in the United States Department of Defense (DoD). The resulting joint work as a whole is protected by the copyrights of the non-government authors and may be released according to the terms of the original open-source license. Each product must be examined on its own merits. The Importance of Cloud Computing and the DoD Approved Software List Yes. 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. Requiring that all developers be cleared first can reduce certain risks (at substantial costs), where necessary, but even then there is no guarantee. There are many other reasons to believe nearly all OSS is commercial software: This is confirmed by Clarifying Guidance Regarding Open Source Software (OSS) (2009) and the Department of the Navy Open Source Software Guidance (signed June 5, 2007). Q: Has the U.S. government released OSS projects or improvements? OSS can often be purchased (directly, or as a support contract), and such purchases often include some sort of indemnification. Another useful source is the list of licenses accepted by the Google code hosting service. Review really does happen. DoD contractors who always ignore components because they are OSS, or because they have a particular OSS license they dont prefer, risk losing projects to more competitive bidders. 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.. Economic Sanctions and Anti-Money Laundering Developments: 2022 Year in Proprietary COTS tend to be lower cost than GOTS, since the cost of development and maintenance is typically shared among a larger number of users (who typically pay to receive licenses to use the product). Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. If there are reviewers from many different backgrounds (e.g., different countries), this can also reduce certain risks. For example, software that can only be used for government purposes is not OSS, since it cannot be used for any purpose. Military Banned Supplements List For 2022 Q: Is there an approved, recommended or Generally Recognized as Safe/Mature list of Open Source Software? Use a widely-used existing license. An OSS implementation can be read and modified by anyone; such implementations can quickly become a working reference model (a sample implementation or an executable specification) that demonstrates what the specification means (clarifying the specification) and demonstrating how to actually implement it. The related FAR 52.227-2 (Notice and Assistance Regarding Patent and Copyright Infringement), as prescribed by FAR 27.201-2(b), requires the contractor to report to the Contracting Officer each notice or claim of patent/copyright infrigement in reasonable written detail. The rules for many other U.S. departments may be very different. 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. Other laws must still be obeyed. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. The red book section 6.C.3.b explains this prohibition in more detail. An example is (connecting) a GPL utility to a proprietary software component by using the Unix pipe mechanism, which allows one-way flow of data to move between software components. Font size: 0G: Zero Gravity: Rate it: 106 RQW: 106th Rescue Wing: Rate it: 121ARW: 121st Air Refueling Wing: Rate it: 129 RQW: 129th Rescue Wing: Rate it: 1TS: No.1 Transmitting Station: Rate it: 920RQG: 920th Rescue Group: Rate it: A: Air Force Training . The DoD Antivirus Software License Agreement with McAfee allows active DoD employees to utilize the antivirus software for home use. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS.
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