Choose a widely-used existing license; do not create a new license. BPC-157. So, while open systems/open standards are different from open source software, they are complementary and can work well together. Such source code may not be adequate to cost-effectively. In contrast, typical proprietary software costs are per-seat, not per-improvement or service. As the program becomes more capable, more users are attracted to using it. The rules for many other U.S. departments may be very different. 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. Requiring that all developers be cleared first can reduce certain risks (at substantial costs), where necessary, but even then there is no guarantee. (Smaller employers - those with annual revenues below $323,000 in 2021 - can pay the lower federal minimum wage. 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. Do you have the necessary other intellectual rights (e.g., patents)? The term open source software is sometimes hyphenated as open-source software. The release of the software may be restricted by the International Traffic in Arms Regulation or Export Administration Regulation. when it implements novel functionality which is not already available to the public, and which significantly improves DoD mission outcomes or business processes. Choose a license that has passed legal reviews and is clearly accepted as an OSS license. Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. That said, other factors may be more important for a given circumstance. 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. More than 275 cyber professionals from across the Defense Department, U.S. federal agencies, and allied nations are competing against a robust and dynamic opposing force comprised of over 60 Red Team operators from the. Unlike proprietary COTS, GOTS has the advantage that the government has the right to change the software whenever the government chooses to do so. Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. As noted in the article Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), the intent of the memo was not to issue a blanket requirement that all open source software come bundled with contractor support or else it cant be used If a Defense agency is able to sustain the open source software with its own skills and talents then that can be enough to satisfy the intent of the memo. In addition, How robust the support plan need be can also vary on the nature of the software itself For command and control software, the degree would have to be greater than for something thats not so critical to mission execution. 150 Vandenberg Street, Suite 1105 Peterson AFB CO 80914-4420 . In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. Approved software is listed on the DCMA Approved Software List. Carmelsoft HVAC ResLoad-J. Note that many of the largest commercially-supported OSS projects have their own sites. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. 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. What it does mean, however, is that the DoD will not reject consideration of a COTS product merely because it is OSS. 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. If there is an existing contract, you must check the contract to determine the specific situation; the text above merely describes common cases. Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! Download Adobe Acrobat Reader. Q: When can the U.S. federal government or its contractors publicly release, as OSS, software developed with government funds? Army - (703) 602-7420, DSN 332. This also pressures proprietary implementations to limit their prices, and such lower prices for proprietary software also encourages use of the standard. Even if source code is necessary (e.g., for source code analyzers), adequate source code can often be regenerated by disassemblers and decompilers sufficiently to search for vulnerabilities. This includes the most popular OSS license, the, Weakly Protective (aka weak copyleft): These licenses are a compromise between permissive and strongly protective licenses. Consider anticipated uses. 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 . Q: Is it more difficult to comply with OSS licenses than proprietary licenses? BSD TCP/IP suite - Provided the basis of the Internet, Greatly increased costs, due to the effort of self-maintaining its own version, Inability to use improvements (including security patches and innovations) by others, where it uses a non-standard version instead of the version being actively maintained, Greatly increased cost, due to having to bear the, Inability to use improvements (including security patches and innovations) by others, since they do not have the opportunity to aid in its development, Obsolescence due to the development and release of a competing commercial (e.g., OSS) project. 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). An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). The term trademark is often used to refer to both trademarks and service marks. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . 150 Vandenberg Street, Suite 1105 . OTD includes both OSS and OGOTS/GOSS. There are many definitions for the term open standard. 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. 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. Software might not infringe on a patent when it was released, yet the same software may later infringe on a patent if the patent was granted after the softwares release. Coronavirus (COVID-19) Update Information. SAF/AQC 1060 Air Force Pentagon Washington, DC 20330-1060 (571) 256-2397 DSN 260-2397 Fax: (571) 256-2431 Fax: DSN 260-2431 Featured Links. In some cases, there are nationally strategic reasons the software should not be released to the public (e.g., it is classified). Service Mixing GPL can provide generic services to other software. Again, these are examples, and not official endorsements of any particular product or supplier. (Note that such software would often be classifed.). 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. If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Q: Isnt OSS developed primarily by inexperienced students? Look at the Numbers! A service mark is "a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. Commander offers insight during Black History celebration at Oklahoma Capitol. Contractors for other federal agencies may have a different process to use, but after going through a process they can often release such software as open source software. For example, a Code Analysis of the Linux Wireless Teams ath5k Driver found no license problems. The Government has the rights to reproduce and release the item, and to authorize others to do so. Other laws must still be obeyed. The DoD does not have a single required process for evaluating OSS. Thankfully, such analyses has already been performed on the common OSS licenses, which tend to be mutually compatible. However, sometimes OGOTS/GOSS software is later released as OSS. 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 many cases, weakly protective licenses are used for common libraries, while strongly protective licenses are used for applications. The 2009 DoD CIO memo on open source software says, in attachment 2, 2(d), The use of any software without appropriate maintenance and support presents an information assurance risk. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. In some cases, the sources of information for OSS differ. Q: Does the DoD use OSS for security functions? (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. Open standards also make it easier for OSS developers to create their projects, because the standard itself helps developers know what to do. Air Force, U.S. Navy, and U.S. Marine Corps, and to participating agencies in-volved with supportability analysis sum-maries and provisioning/item selection functions by, or for, Department of Defense weapons systems, equipment, publications, software and hardware, training, training devices, and support equipment. The ruling was a denial of a motion for summary judgement, and the parties ultimately settled the claim out-of-court. Peterson AFB CO 80914-4420 . OSS is increasingly commercially developed and supported. Once the government has unlimited rights, it may release that software to the public under any terms it wishes - including by using the GPL. 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. Very Important Notes: The Public version of DoD Cyber Exchange has limited content. The joint OnGuard system and XProtect video solution was tested and approved to protect Air Force Protection Level 1 (PL-1) non-nuclear through PL-4 sites around . 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. The summary of changes section reads as follows as of Dec. 3, 2021: This interim change revises DAFI 36-2903 by adding Chief of Staff of the Air Force-approved Air Force Virtual Uniform Board items, standardizing guidance for the maintenance duty uniform, republishing guidance from Department of the Air Force guidance memorandum for female hair . 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. On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. 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. 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. September 22, 2022. Examples include GPL applications running on proprietary operating systems or wrappers, and GPL applications that use proprietary components explicitly marked as non-GPL. 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. 1342, Limitation on voluntary services. This way, the software can be incorporated in the existing project, saving time and money in support. There are many general OSS review projects, such as those by OpenBSD and the Debian Security Audit team. The use of commercial products is generally encouraged, and when there are commercial products, the government expects that it will normally use whatever license is offered to the public. Government lawyers and Contracting Officers are trained to try to negotiate licenses which resolve these ambiguities without having to rely on the less-satisfying Order of Precedence, but generally accede when licenses in question are non-negotiable, such as with OSS licenses in many cases. Air Force Command and Control at the Start of the New Millennium. Many projects, particularly the large number of projects managed by the Free Software Foundation (FSF), ask for an employers disclaimer from the contributors employer in a number of circumstances. . . At this time there is no widely-accepted term for software whose source code is available for review but does not meet the definition of open source software (due to restrictions on use, modification, or redistribution). Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. 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. Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. It depends on the goals for the project, however, here are some guidelines: Public domain where required by law. 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. 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. The DoD Antivirus Software License Agreement with McAfee allows active DoD employees to utilize the antivirus software for home use. Some OSS is very secure, while others are not; some proprietary software is very secure, while others are not. Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. Rachel Cohen joined Air Force Times as senior reporter in March 2021. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. In many cases, yes, but this depends on the specific contract and circumstances. Before approving the use of software (including OSS), system/program managers, and ultimately Designated Approving Authorities (DAAs), must ensure that the plan for software support (e.g., commercial or Government program office support) is adequate for mission need. Note that Government program office support is specifically identified as a possibly-appropriate approach. If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. Q: Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts? SUBJECT: Software Applications Approval Process . The government normally gets unlimited rights in software when that software is created in the performance of a contract with government funds. Often there is a single integrating organization, while other organizations inside the government submit proposed changes to the integrator. 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. The release may also be limited by patent and trademark law. Review really does happen. It can sometimes be a challenge to find a good name.
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