Commercially-available software that is not open source software is typically called proprietary or closed source software. - The award authority will establish the maximum award nomination length (number of . However, the government can release software as OSS when it has unlimited rights to that software. In practice, OSS projects tend to be remarkably clean of such issues. 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. Example: GPL software can be stored on the same computer disk as (most kinds of) proprietary software. can be competed, and the cost of some improvements may be borne by other users of the software. Read More 616th OC Airmen empower each other. Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. In the Intelligence Community (IC), the term open source typically refers to overt, publicly available sources (as opposed to covert or classified sources). OSS COTS is especially appropriate when there is an existing OSS COTS product that meets the need, or one can be developed and supported by a wide range of users/co-developers. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. Special Series. Q: What additional material is available on OSS in the government or DoD? Q: How should I create an open source software project? Q: How can I find open source software that meets my specific needs? Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. In addition, an attacker can often acquire the original source code from suppliers anyway (either because the supplier voluntarily provides it, or via attacks against the supplier); in such cases, if only the attacker has the source code, the attacker ends up with another advantage. For example, software that can only be used for government purposes is not OSS, since it cannot be used for any purpose. Requiring the use of very unusual development tools may impede development, unless those tools provide a noticeable advantage. Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. This is not merely theoretical; in 2003 the Linux kernel development process resisted an attack. OTD depends on open standards and interfaces, open source software and designs, collaborative and distributed online tools, and technological agility. Open source software is also called Free software, libre software, Free/open source software (FOSS or F/OSS), and Free/Libre/Open Source Software (FLOSS). If the contract includes the typical FAR 52.227-14 (Rights in data - general) clause, without any special alternatives or additions, then the contractor must make a written request for permission to assert copyright in works containing data first produced under the contract. Widely-used programs include the Apache web server, Firefox web browser, Linux kernel, and many other programs. 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. It would also remove the uniquely (OSS) ability to change infrastructure source code rapidly in response to new modes of cyberattack. Q: How can I get support for OSS that already exists? It can sometimes be a challenge to find a good name. The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. 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. 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. Most of the Air Force runs on excel VBA because of this. There are two versions of the GPL in widespread use: version 2 and version 3. In contracts where this issue is important, you should examine the contract to find the specific definitions that are being used. Authors of a creative work, or their employer, normally receive the copyright once the work is in a fixed form (e.g., written/typed). . Such developers need not be cleared, for example. OTD includes both OSS and OGOTS/GOSS. (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. GOTS software should not be released when it implements a strategic innovation, i.e. Comfortable shoes. The FAR and DFARS specifically permit different agreements to be struck (within certain boundaries). Releasing software as OSS does not mean that organizations will automatically arise to help develop/support it. The following marking should be added to software source code when the government has unlimited rights due to the use of the DFARS 252.227-7014 contract: The U.S. Government has Unlimited Rights in this computer software pursuant to the clause at DFARS 252.227-7014. If it must work with other components, or is anticipated to work with other components, ensure that the license will permit those anticipated uses. Note that Creative Commons does not recommend that you use one of their licenses for software; they encourage using one of the existing OSS licenses which were designed specifically for use with software. The Department of Defense (DoD) Software Modernization Strategy was approved Feb. 1. This legal analysis must determine if it is possible to meet the conditions of all relevant licenses simultaneously. Do you have permission to release to the public (classification, distribution statements, export controls)? 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. A permissive license permits arbitrary use of the program, including making proprietary versions of it. Be sure to consider such costs over a period of time (typically the lifetime of the system including its upgrades), and use the same period when evaluating alternatives; otherwise, one-time costs (such as costs to transition from an existing proprietary system) can lead to erroneous conclusions. Do not mistakenly use the term non-commercial software as a synonym for open source software. 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. Since it is typically not legal to modify proprietary software at all, or it is legal only in very limited ways, it is trivial to determine when these additional terms may apply. Open systems and open standards counter dependency on a single supplier, though only if there is a competing marketplace of replaceable components. When taking this approach, contractors hired to modify the software must not retain copyright or other rights to the result (else the software would be conveyed outside the U.S. government); see GPL version 3 section 2, paragraph 2 which states this explicitly. 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. A very small percentage of such users determine that they can make a change valuable to them, and contribute it back (to avoid maintenance costs). Q: Are non-commercial software, freeware, or shareware the same thing as open source software? Its flexibility is as high as GOTS, since it can be arbitrarily modified. Going through our RMF/DICAP and cannot find the Air Force Approved Software List anywhere. . In many cases, yes, but this depends on the specific contract and circumstances. The red book section 6.C.3.b explains this prohibition in more detail. The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. However, sometimes OGOTS/GOSS software is later released as OSS. 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.. Where it is unclear, make it clear what the source or source code means. Note that enforcing such separation has many other advantages as well. The Department of Defense Information Network (DoDIN) Approved Products List (APL) is the single consolidated list of products that affect communication and collaboration across the DoDIN. 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? On approval, such containers are granted a "Certificate to Field" designation by the Air Force Chief Software Officer. Whether or not this was intentional, it certainly had the same form as a malicious back door. The DoD already uses a wide variety of software licensed under the GPL. In some cases access is limited to portions of the government instead of the entire government. Instead, users who are careful to use open standards can easily switch to a different implementation, including an OSS implementation. OpenSSL - SSL/cryptographic library implementation, GNAT - Ada compiler suite (technically this is part of gcc), perl, Python, PHP, Ruby - Scripting languages, Samba - Windows - Unix/Linux interoperability. By dominate, that means that when software is merged which have those pairs of licenses, the dominating license essentially governs the resulting combination because the dominating license essentially includes all the key terms of the other license. 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. Ipamorelin. Often there is a single integrating organization, while other organizations inside the government submit proposed changes to the integrator. 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. 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. As a result, it is difficult to develop software and be confident that it does not violate enforceable patents. The argument is that the classification rules are simply laws of the land (and not additional rules), the classification rules already forbid the release of the resulting binaries to those without proper clearances, and that the GPL only requires that source code be released to those who received a binary. Is it COTS? The DDR&E, Advanced Capabilities Modular Open Systems Approach web page also provides some useful background. Q: What license should the government or contractor choose/select when releasing open source software? Examples of OSS that are in widespread use include: There are many Linux distributions which provides suites of such software such as Red Hat Enterprise Linux, Fedora, SUSE, Debian and Ubuntu. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. As noted by the OSJTF definition for open systems, be sure to test such systems with more than one web browser (e.g., Google Chrome, Microsoft Edge and Firefox), to reduce the risk of vendor lock-in. Determine if there will be a government-paid lead. Department of the Air Force updates policies, procedures to recruit for the future. Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Under the same reasoning, the CBP determined that building an object file from source code performed a substantial transformation into a new article. This can increase the number of potential users. is a survey paper that provides quantitative data that, in many cases, using open source software / free software (abbreviated as OSS/FS, FLOSS, or FOSS) is a reasonable or even superior approach to using their proprietary competition according to various measures.. (its) goal is to show that you should consider using OSS/FS when acquiring software. Q: In what form should I release open source software? Otherwise, choose some existing OSS license, since all existing licenses add some legal protections from lawsuits. 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. More Mobile Apps. 75 Years of Dedicated Service. 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. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. Boundary Protection Devices and Systems - 41 Certified Products. Clarence Carpenter. In short, the ADAs limitation on voluntary services does not broadly forbid the government from working with organizations and people who identify themselves as volunteers, including those who develop OSS. Tech must enable mission success. Q: What are synonyms for open source software? As explained in detail below, nearly all OSS is commercial computer software as defined in US law and the Defense Federal Acquisition Regulation Supplement, and if it used unchanged (or with only minor changes), it is almost always COTS. 1.1.4. Q: Is OSS commercial software? If that competitors use of OSS results in an advantage to the DoD (such as lower cost, faster schedule, increased performance, or other factors such as increased flexibility), contractors should expect that the DoD will choose the better bid. 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). Software not subject to copyright is often called public domain software. In some cases, the sources of information for OSS differ. DAF COVID-19 Statistics - January 2022. That way, their improvements will be merged with the improvements of others, enabling them to use all improvements instead of only their own. This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. 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. Carmelsoft HVAC ResLoad-J. Q: Is there a standard marking for software where the government has unlimited rights? Licenses that meet all the criteria above include the MIT license, revised BSD license, the Apache 2.0 license (though Apache 2.0 is only compatible with GPL version 3 not GPL version 2), the GNU Lesser General Public License (LGPL) versions 2.1 or 3, and the GNU General Public License (GPL) versions 2 or 3. Similarly, U.S. Code Title 41, Section 104 defines the term Commercially available off-the-shelf (COTS) item; software is COTS if it is (a) a commercial product, (b) sold in substantial quantities in the commercial marketplace, and (c) is offered to the Federal Government, without modification, in the same form in which it is sold in the commercial marketplace. What contract applies, what are its terms, and what decisions have been made? The real challenge is one of education - some developers incorrectly believe that just because something is free to download, it can be merged or changed without restriction. This is often done when the deliverable is a software application; instead of including commercially-available components such as the operating system or database system as part of the deliverable, the deliverable could simply state what it requires. The rules for many other U.S. departments may be very different. 97-258, 96 Stat. 2019 Approved Software Developers of Paper 2D Forms (PDF 47.33 KB) Final as of April 2, 2020. In particular, will it be directly linked with proprietary or classified code? OSS is increasingly commercially developed and supported. 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)). OSS and Security/Software Assurance/System Assurance/Supply Chain Risk Management. Under the DFARS or the FAR, the government can release software as open source software once it receives unlimited rights to that software. Thus, as long as the software has at least one non-governmental use, software released (or offered for release) to the public is a commercial product for procurement purposes, even if it was originally developed using public funds. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. 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. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. There are other ways to reduce the risk of software patent infringement (in the U.S.) as well: Yes, both entirely new programs and improvements of existing OSS have been developed using U.S. government funds. As with all commercial items, the DoD must comply with the items license when using the item. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified some of many OSS programs that the DoD is already using, and concluded that OSS plays a more critical role in the [Department of Defense (DoD)] than has generally been recognized. Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. To manage the acquisition, development, and integration of Cybersecurity Tools and Methods for securing the Defense Information Infrastructure. SUBJECT: Software Applications Approval Process . However, if the GPL software must be mixed with other proprietary/classified software, the GPL terms must still be followed. OSS COTS tends to be lower cost than GOTS, in part for the same reasons as proprietary COTS: its costs are shared among more users. Q: When can the U.S. federal government or its contractors publicly release, as OSS, software developed with government funds? The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. (Smaller employers - those with annual revenues below $323,000 in 2021 - can pay the lower federal minimum wage. Notepad, PowerShell, and Excel are great alternatives. These included the Linux kernel, the gcc compilation suite (including the GNAT Ada compiler), the OpenOffice.org office suite, the emacs text editor, the Nmap network scanner, OpenSSH and OpenSSH for encryption, and Samba for Unix/Linux/Windows interoperability. 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). 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. Download Adobe Acrobat Reader. Q: Isnt using open source software (OSS) forbidden by DoD Information Assurance (IA) Policy? 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. The example of Borlands InterBase/Firebird is instructive. A primary reason that this is low-probability is the publicity of the OSS source code itself (which almost invariably includes information about those who made specific changes). There are many general OSS review projects, such as those by OpenBSD and the Debian Security Audit team. Thus, public domain software provides recipients all of the rights that open source software must provide. Proprietary COTS is especially appropriate when there is an existing proprietary COTS product that meets the need. As noted above, in nearly all cases, open source software is considered commercial software by U.S. law, the FAR, and the DFARS. Again, these are examples, and not official endorsements of any particular product or supplier. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. In some cases, export-controlled software may be licensed for export under the condition that the source code not be released; this would prevent release of software that had mixed GPL and export-controlled software. The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. As noted above, in software, Open Source refers to 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. Browse 817 acronyms and abbreviations related to the Air Force terminology and jargon. Delivers the latest news from each branch of the U.S . Yes. Not under typical open source software licenses based on copyright, but there is an alternative with the same practical effect. Note that under the DoD definition of open source software, such public domain software is open source software. 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. Search. The term open source software is sometimes hyphenated as open-source software. Since both terms are in use, the rest of this document will use the term OGOTS/GOSS. Q: Is there a name for software whose source code is publicly available, but does not meet the definition of open source software? The Free Software Foundation (FSF) interprets linking a GPL program with another program as creating a derivative work, and thus imposing this license term in such cases. OSS-like development approaches within the government. As more improvements are made, more people can use the product, creating more potential users as developers - like a snowball that gains mass as it rolls downhill. If you claim rights to use a mark, you may simply use the TM (trademark) or SM (service mark) designation to alert the public to your claim of ownership of the mark. Other documents that you may find useful include: An official website of the United States government, Frequently Asked Questions regarding Open Source Software (OSS) and the Department of Defense (DoD). Full Residential Load Calculation. This General Service Administration (GSA . Classified software should already be marked as such, of course. 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. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. Lawmakers also approved the divestment of 13 . Q: Can OSS licenses and approaches be used for material other than software? Where it is important, examining the security posture of the supplier (e.g., their processes that reduce risk) and scanning/testing/evaluating the software may also be wise. 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. Q: What policies address the use of open source software (OSS) in the Department of Defense? The United States Air Force operates a service called Iron Bank, which is the DoD Enterprise repository of hardened software containers, many of which are based on open source products. 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. Since OSS provides source code, there is no problem. Q: Am I required to have commercial support for OSS? 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; . . Bases. Do not use spaces when performing a product number/title search (e.g. Some people like the term GOSS, because it indicates an intent to do OSS-like collaborative development, but within the government instead. This is not a copyright license, it is the absence of a license. It's like it dropped off the face of the earth. Many software developers find software patents difficult to understand, making it difficult for them to determine if a given patent even applies to a given program. 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. 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.. Q: What are some military-specific open source software programs? I agree to abide by software copyrights and to comply with the terms of all licenses. Can the DoD used GPL-licensed software? Here's a list of potentially banned peptides: Adipotide FTPP. 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). (See GPL FAQ, Can I use the GPL for something other than software?.). German courts have enforced the GPL. Epitalon (Epithalon) Hexarelin. Software licenses, including those for open source software, are typically based on copyright law. All other developers can make changes to their local copies, and even post their versions to the Internet (a process made especially easy by distributed software configuration management tools), but they must submit their changes to a trusted developer to get their changes into the trusted repository. Acquisition Common Portal Environment. That said, other factors may be more important for a given circumstance. It states that in 1913, the Attorney General developed an opinion (30 Op. If it is an improvement to an existing project, release it to the main OSS project, in whatever format they prefer changes. 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. Q: Is there any quantitative evidence that open source software can be as good as (or better than) proprietary software?
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