Department of the Air Force updates policies, procedures to recruit for the future. For local guidance, Airmen are encouraged to . As noted above, in nearly all cases, open source software is considered commercial software by U.S. law, the FAR, and the DFARS. Each government program must determine its needs, and then evaluate its options for meeting those needs. Look at the Numbers! Examples include: If you know of others who have similar needs, ask them for leads. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. 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. As described in FAR 27.404-3(a)(2), a contracting officer should grant such a request only when [that] will enhance appropriate dissemination or use but release as open source software would typically qualify as a justification for enhanced dissemination and use. This can increase the number of potential users. 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. However, the required FAR Clause 52.212-4(d) establishes that This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 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. Each hosting service tends to be focused on particular kinds of projects, so prefer a hosting service that well-matches the project. The NASA FAR Supplement (NFS) 1852.227-14 gives NASA the right, under typical conditions, to demand that a contractor assert copyright and then assign the copyright to the government, which would again give the government the right to release the software as open source software. 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. Launch video (9:47) Navy - 1-877-418-6824. In most cases, yes. Q: What are the risks of the government releasing software as OSS? See also DFARS subpart 227.70infringement claims, licenses, and assignments and 28 USC 1498. 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. Feb. 4, 2022 |. 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. 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. Q: Isnt OSS developed primarily by inexperienced students? Clarifying Guidance Regarding Open Source Software (OSS), a list of licenses which have successfully gone through the approval process and comply with the Open Source Definition, publishes a list of licenses that meet the Free Software Definition, good licenses that Fedora has determined are open source software licenses, Federal Source Code Policy, OMB Memo 16-21, National Defense Authorization Act for FY2018, http://www.doncio.navy.mil/contentview.aspx?id=312, http://www.dtic.mil/dtic/tr/fulltext/u2/a450769.pdf, http://www.whitehouse.gov/omb/memoranda/fy04/m04-16.html, http://www.army.mil/usapa/epubs/pdf/r25_2.pdf, Defense Federal Acquisition Regulation Supplement (DFARS), 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation, European Interoperability Framework (EIF), Bruce Perens Open Standards: Principles and Practice, U.S. Court of Appeals for the Federal Circuits 2008 ruling on Jacobsen v. Katzer, The Free-Libre / Open Source Software (FLOSS) License Slide, GPL linking exception term (such as the Classpath exception), Maintaining Permissive-Licensed Files in a GPL-Licensed Project: Guidelines for Developers (Software Freedom Law Center), Creative Commons does not recommend that you use one of their licenses for software, GPL FAQ, Can I use the GPL for something other than software?, GPL FAQ, Who has the power to enforce the GPL?, 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, Secure Programming for Linux and Unix HOWTO, in 2003 the Linux kernel development process resisted an attack, Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT, Gartner Groups Mark Driver stated in November 2010, Estimating the Total Development Cost of a Linux Distribution, Open Source Software for Imagery & Mapping (OSSIM), Open Source Alternatives (Ben Balter et al.). As far as I have heard, unless you are a programmer then you aren't getting any actual development software. Include upgrade/maintenance costs, including indirect costs (such as hardware replacement if necessary to run updated software), in the TCO. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network infrastructures. A choice of venue clause is a clause that states where a dispute is to be resolved (e.g., which court). The government normally gets unlimited rights in software when that software is created in the performance of a contract with government funds. 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. 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. Choose a license that best meets your goals. 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. Do you have the necessary other intellectual rights (e.g., patents)? 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; . a license) from the copyright holder(s) before they can obtain a copy of software to run on their system(s). On approval, such containers are granted a Certificate to Field designation by the Air Force Chief Software Officer. But in practice, publicly-released OSS nearly always meets the various government definitions for commercial computer software and thus is nearly always considered commercial software. In the commercial world, the copyright holders are typically the individuals and organizations that originally developed the software. It's likely that peptides are in fact banned from the military, but until we get a straight answer we'll leave this question open-ended. Q: Is there an approved, recommended or Generally Recognized as Safe/Mature list of Open Source Software? Department of the Air Force updates policies, procedures to recruit for the future. 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. But what is radically different is that a user can actually make a change to the program itself (either directly, or by hiring someone to do it). Similarly, delaying a components OSS release too long may doom it, if another OSS component is released first. 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. Part of the ADA, Pub.L. For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. Do not mistakenly use the term non-commercial software as a synonym for open source software. 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. Search. The 1997 InfoWorld Best Technical Support award was won by the Linux User Community. This is particularly the case where future modifications by the U.S. government may be necessary, since OSS by definition permits modification. Note that merely being released by a US firm is no guarantee that there is no malicious embedded code. Whether or not this will occur depends on factors such as the number of potential users (more potential users makes this more likely), the existence of competing OSS programs (which may out-compete the newly released component), and how difficult it is to install/use. However, the government can release software as OSS when it has unlimited rights to that software. Knowledge is more important than the licensing scheme. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . The information on this page does not constitute legal advice and any legal questions relating to specific situations should be referred to legal counsel. Q: Can contractors develop software for the government and then release it under an open source license? 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). In most cases, this GPL license term is not a problem. Document the projects purpose, scope, and major decisions - users must be able to quickly determine if this project might meet their needs. Thus, the government may receive custom-developed, non-commercial software as a deliverable and receive unlimited rights for that new code, but also acquire only commercial rights to the third-party (possibly OSS) components. Do you have permission to release to the public (classification, distribution statements, export controls)? 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. No, although they work well together, and both are strategies for reducing vendor lock-in. 75 Years of Dedicated Service. Instead, the ADA prohibits government employees from accepting services that are not intended or agreed to be gratuitous, but were instead rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. There are two versions of the GPL in widespread use: version 2 and version 3. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Currently there is no APL Memo available for this Tracking Number. Q: How should I create an open source software project? 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. Note, however, that this may be negotiated; if the government agrees to only receive lesser rights (such as government-purpose rights or restricted rights) then the government does not have the rights necessary to release that software as open source software. REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C&A) Yes, but the following considerations apply: As stated above, software developed by government employees as part of their official duties is not subject to copyright protection in the United States. Once the government has unlimited rights, it may release that software to the public under any terms it wishes - including by using the GPL. Yes. These formats may, but need not, be the same. Once an invention is released to the public, the inventor has only one year to file for a patent, so any new ideas in some software must have a patent filed within one year by that inventor, or (in theory) they cannot be patented. 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. These services must be genuinely generic in the sense that the applications that use them must not depend on the detailed design of the GPL software to work. Can the DoD used GPL-licensed software? Choose a license that has passed legal reviews and is clearly accepted as an OSS license. 97-258, 96 Stat. By U.S. Cybercom Command Public Affairs | Aug. 12, 2022. 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. View the complete AFI 36-2903 for more details. 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. Q: How do GOTS, Proprietary COTS, and OSS COTS compare? Note also that merely being developed for the government is no guarantee that there is no malicious embedded code. Such developers need not be cleared, for example. 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. The public release also makes it easy to have copies of versions in many places, and to compare those versions, making it easy for many people to review changes. Air Force - (618)-229-6976, DSN 779. Full Residential Load Calculation. Browse 817 acronyms and abbreviations related to the Air Force terminology and jargon. Release modifications under same license. Public domain software (in this copyright-related sense) can be used by anyone for any purpose, and cannot by itself be released under a copyright license (including typical open source software licenses). Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. 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). Q: Am I required to have commercial support for OSS? Q: What is the legal basis of OSS licenses? DoD ESI is pleased to announce the Cybersecurity Multi-Award Blanket Purchase Agreements (BPAs) for Appgate, CyberArk, Exabeam, Fidelis Security, Firemon, Forcepoint, Fortinet, Illumio, LogRhythm, Okta, Ping Identity, Racktop Systems, RedSeal, Sailpoint, Tychon and Varonis Systems. Defense Information Systems Agency (DISA), National Centers of Academic Excellence in Cybersecurity (NCAE-C), Public Key Infrastructure/Enabling (PKI/PKE), https://dl.dod.cyber.mil/wp-content/uploads/home/img/img1.jpg. 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. Windows Services for UNIX 3.0 is a good example of commercial use of GPL application mixing. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. If it is possible to meet the conditions of all relevant licenses simultaneously, then those licenses are compatible. This also means that these particular licenses are compatible. If you know of an existing proprietary product meets your needs, searching for its name plus open source source may help. Q: Is the GPL compatible with Government Unlimited Rights contracts, or does the requirement to display the license, etc, violate Government Unlimited Rights contracts? Marines - (703) 432-1134, DSN 378. If some portion of the software is protected by copyright, then the combined software work can be released under a copyright license. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! before starting have a clear understanding of the reasons to migrate; ensure that there is active support for the change from IT staff and users; make sure that there is a champion for change the higher up in the organisation the better; build up expertise and relationships with the OSS movement; ensure that each step in the migration is manageable. 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. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. The Department of Defense invests tens of thousands of dollars in training for its Service members. 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. Note that many of the largest commercially-supported OSS projects have their own sites. In particular, it found that DoD security depends on (OSS) applications and strategies, and that a hypothetic ban would have immediate, broad, and in some cases strongly negative impacts on the ability of the DoD to analyze and protect its own networks against hostile intrusion. DFARS 252.227-7014(a)(15) defines unlimited rights as rights to use, modify, reproduce, release, perform, display, or disclose computer software or computer software documentation in whole or in part, in any manner and for any purpose whatsoever, and to have or authorize others to do so. 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. This is not uncommon. 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. If a government employee enhances or modifies a (copyrighted) open source software program, the resulting work is a joint work (see 17 USC 101) which is partially copyrighted and partially public domain. 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.. U.S. courts have determined that the GPL does not violate anti-trust laws. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. (Free in Free software refers to freedom, not price.) - AF Form 1206, Nomination for Award (2 Aug 17) remains the standard AF award nomination form. can be competed, and the cost of some improvements may be borne by other users of the software. 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. (Note that such software would often be classifed.). Establish project website. Developers/reviewers need security knowledge. This eliminates future incompatibility and encourages future contributions by others. Commander offers insight during Black History celebration at Oklahoma Capitol. Q: Is OSS commercial software? Permissive: These licenses permit the software to become proprietary (i.e., not OSS). Indeed, vulnerability databases such as CVE make it clear that merely hiding source code does not counter attacks: Hiding source code does inhibit the ability of third parties to respond to vulnerabilities (because changing software is more difficult without the source code), but this is obviously not a security advantage. (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). The Air Force Institute of Technology, or AFIT, is the Air Force's graduate school of engineering and management as well as its institution for technical professional continuing education. What is more, the supplier may choose to abandon the product; source-code escrow can reduce these risks somewhat, but in these cases the software becomes GOTS with its attendant costs. 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). "acquire commercial services, commercial products, or nondevelopmental items other than commercial products to meet the needs of the agency; require prime contractors and subcontractors at all levels under the agency contracts to incorporate commercial services, commercial products, or nondevelopmental items other than commercial products as components of items supplied to the agency; modify requirements in appropriate cases to ensure that the requirements can be met by 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 products in response to agency solicitations; state specifications in terms that enable and encourage bidders and offerors to supply 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 products in response to the agency solicitations; revise the agencys procurement policies, practices, and procedures not required by law to reduce any impediments in those policies, practices, and procedures to the acquisition of commercial products and commercial services; and, require training of appropriate personnel in the acquisition of commercial products and commercial services.". The first-ever Oklahoma Black History Day was celebrated at the state Capitol Feb. 13 with Lt. Gen. Stacey Hawkins, Air Force Sustainment Center commander, serving as the keynote speaker for the event.Hosted by the Oklahoma Legislative Black Caucus, a focus of this .

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