It costs essentially nothing to download a file. 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. 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). Continuous and broad peer-review, enabled by publicly available source code, improves software reliability and security through the identification and elimination of defects that might otherwise go unrecognized by the core development team. 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but the order of precedence clause (in the contract) means that the choice of venue clause (in the license) is superseded by the Contract Disputes Act. A 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, identified many OSS programs that the DoD is already using that are licensed using the GPL. More Mobile Apps. Instead, Government employees must ensure that they do not accept services rendered in the hope that Congress will subsequently recognize a moral obligation to pay for the benefits conferred. Atty Gen.51 (1913)) that has become the leading case construing 31 U.S.C. Q: Am I required to have commercial support for OSS? 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). February 9, 2018. 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. For computer software, modern version control and source code comparison tools typically make it easy to isolate the contributions of individual authors (via blame or annote functions). 97-258, 96 Stat. When considering any software (OSS or proprietary), look for evidence that the risk of unlawful release is low. This memorandum only applies to Navy and Marine Corps commands, but may be a useful reference for others. By August 1941, American president Franklin Roosevelt and British prime minister Winston Churchill had drafted the Atlantic Charter to define goals for the post-war world. What are good practices for use of OSS in a larger system? For commercial software, such needed fixes could be provided by a software vendor as part of a warranty, or in the case of OSS, by the government (or its contractors). ), (See also GPL FAQ, Question Can the US Government release a program under the GNU GPL?). However, if youre going to rely on the OSS community, you must make sure that the OSS community for that product is active, and that you have suitably qualified staff to implement the upgrades/enhancements developed by the community. The ruling was a denial of a motion for summary judgement, and the parties ultimately settled the claim out-of-court. For the DoD, the risks of failing to consider the use of OSS where appropriate are of increased cost, increased schedule, and/or reduced performance (including reduced innovation or security) to the DoD due to the failure to use the commercial software that best meets the needs (when that is the case). As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. The Government has the rights to reproduce and release the item, and to authorize others to do so. For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. U.S. Air Force Places ASTi on Approved Products List 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). 1498, the exclusive remedy for patent or copyright infringement by or on behalf of the Government is a suit for monetary damages against the Government in the Court of Federal Claims. Zoom or Not? NSA Offers Agencies Guidance for Choosing - Nextgov Each hosting service tends to be focused on particular kinds of projects, so prefer a hosting service that well-matches the project. AIR FORCE ACRONYM & ABBREVIATION LIST - Afpc.af.mil When including externally-developed software in a larger system (e.g., as a library), make it clearly separable from the other components and easy to update. Whats more, proprietary software release practices make it more difficult to be confident that the software does not include malicious code. 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. 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)). As noted above, OSS projects have a trusted repository that only certain developers (the trusted developers) can directly modify. 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). Air Force football finishes signing class with 28 three-star recruits, most in Mountain West. Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. OSS and Security/Software Assurance/System Assurance/Supply Chain Risk Management. 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.). 31 U.S.C. Review really does happen. Spouse's information if you have one. 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. Otherwise, choose some existing OSS license, since all existing licenses add some legal protections from lawsuits. German courts have enforced the GPL. Indeed, many people have released proprietary code that is malicious. Whether or not this was intentional, it certainly had the same form as a malicious back door. The Linux kernel project requires that a person proposing a change add a Signed-off-by tag, attesting that the patch, to the best of his or her knowledge, can legally be merged into the mainline and distributed under the terms of (the license).. If using acronyms and abbreviations, only utilize those identified on the approved Air Force Acronym and Abbreviation List, unless noted by an approved category. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . Look at the Numbers! Examine if it is truly community-developed - or if there are only a very few developers. No. 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. In Wallace vs. FSF, Judge Daniel Tinder stated that the GPL encourages, rather than discourages, free competition and the distribution of computer operating systems and found no anti-trust issues with the GPL. Another useful source is the list of licenses accepted by the Google code hosting service. 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. Using a made-up word that has no Google hits is often a good start, but again, see the PTO site for more information. In some cases, the government obtains the copyright; in those cases, the government can sue for copyright violation. Recent rulings have strengthened the requirement for non-obviousness, which probably renders unenforceable some already-granted software patents, but at this time it is difficult to determine which ones are affected. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. Open source software licenses grant more rights than proprietary software licenses, but they are still conditional licenses that require the user to obey certain terms. Air Force ROTC is offered at over 1,100 colleges and universities in the continental United States, Puerto Rico and Hawaii. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network . Q: What are the risks of the government releasing software as OSS? Again, these are examples, and not official endorsements of any particular product or supplier. The 2003 MITRE study, Use of Free and Open Source Software (FOSS) in the U.S. Department of Defense, did suggest developing a Generally Recognized As Safe (GRAS) list, but such a list has not been developed. The MITRE study did identify some of many OSS programs that the DoD is already using, and may prove helpful. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others., You dont have to register a trademark to have a trademark. DSOP | Office of the Chief Software Officer, U.S Air Force - AF It's like it dropped off the face of the earth. 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. Q: Can government employees develop software as part of their official duties and release it under an open source license? Q: Is there a large risk that widely-used OSS unlawfully includes proprietary software (in violation of copyright)? (2) Medications not on this list, singly or in combination, require review by AFMSA/SG3/5PF (rated officers) and MAJCOM/SG (non-rated personnel). Note, however, that this risk has little to do with OSS, but is instead rooted in the risks of U.S. patent infringement for all software, and the patent indemnification clauses in their contract. OSS implementations can help rapidly increase adoption/use of the open standard. Department of the Air Force updates policies, procedures to recruit for the future. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. Thus, open systems require standards that are widely-supported and consensus-based; standards that meet these (and possibly some additional conditions) may be termed open standards. These formats may, but need not, be the same. Conversely, where source code is hidden from the public, attackers can attack the software anyway as described above. Can the DoD used GPL-licensed software? It also provides the latest updates and changes to policy from Air Force senior leadership and the Uniform Board. 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). 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. PDF By Order of The Commander, United U.s. Air Forces Central States Air 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. Other open source software implementations of Unix interfaces include OpenBSD, NetBSD, FreeBSD, and Darwin. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. However, using a support vendor is not the only approach or the best approach in all cases; system/program managers and DAAs must look at the specific situation to make a determination. Home page of Air Force Materiel Command So, while open systems/open standards are different from open source software, they are complementary and can work well together. The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. This webpage is a one-stop reference to help answer questions regarding proper wear of approved Air Force uniform items, insignias, awards and decorations, etc. 16th Air Force > Home - AF Open standards also make it easier for OSS developers to create their projects, because the standard itself helps developers know what to do. Failing to understand that open source software is commercial software would result in failing to follow the laws, regulations, policies, and so on regarding commercial software. Authorized Equipment List | FEMA.gov The Buy American Act does not apply to information technology that is a commercial item, so there is usually no problem for OSS. Execution Mixing GPL and other software can run at the same time on the same computer or network. Video conferencing platforms Zoom and Microsoft Teams are both FedRamp approved, but while Zoom offers end-to-end encryption, Microsoft Teams does not, according to the National Security Agency . It is available at, The Office of Management and Budget issued a memorandum providing guidance on software acquisition which specifically addressed open source software on 1 Jul 2004. 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. If the project is likely to become large, or must perform filtering for public release, it may be better to establish its own website. Classified information may not be released to the public without special authorization to do so. If the supplier attains a monopoly or it is difficult to switch from the supplier, the costs may skyrocket. Approved Software List : r/AirForce - reddit An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by PDF Headquarters Air Force Space Command - Af 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. when it implements novel functionality which is not already available to the public, and which significantly improves DoD mission outcomes or business processes. Consider anticipated uses. The rules for many other U.S. departments may be very different. 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. Acquisition Common Portal Environment. Approved software is listed on the DCMA Approved Software List. PDF Headquarters Air Force Space Command - Af It states that in 1913, the Attorney General developed an opinion (30 Op. In some cases, there are nationally strategic reasons the software should not be released to the public (e.g., it is classified). Is it COTS? Such mixing can sometimes only occur when certain kinds of separation are maintained - and thus this can become a design issue. A weakly-protective license is a compromise between the two, preventing the covered library from becoming proprietary yet permitting it to be embedded in larger proprietary works. The GPL and LGPL licenses specifically recommend that You should also get your employer (if you work as a programmer) or school, if any, to sign a copyright disclaimer for the program, if necessary., and point to additional information. Indeed, because a calculation of damages is inherently speculative, these types of license restrictions might well be rendered meaningless absent the ability to enforce through injunctive relief. In short, it determined that the OSS license at issue in the case (the Artistic license) was indeed an enforceable license. 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. Salesforce Government Cloud takes advantage of the same cloud-based CRM technology that has made Salesforce a household name among businesses large and small. For advice about a specific situation, however, consult with legal counsel. DoD ESI Certified Products : New CC Portal The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. In the Intelligence Community (IC), the term open source typically refers to overt, publicly available sources (as opposed to covert or classified sources). You will need a Common Access Card (CAC) with DoD Certificates to access DoD Cyber Exchange NIPR. 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. 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). (Note that such software would often be classifed.). It can be argued that classified software can be arbitrarily combined with GPL code, beyond the approaches described above. 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). NIAP: Product Compliant List - NIAP-CCEVS The U.S. government can often directly combine GPL and proprietary, classified, or export-controlled software into a single program arbitrarily, as long as the result is never conveyed outside the U.S. government. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! No, DoD policy does not require you to have commercial support for OSS, but you must have some plan for support. Releasing software as OSS does not mean that organizations will automatically arise to help develop/support it. Avenir MJ8 Editions of HeatCAD and LoopCAD. Even when the original source is necessary for in-depth analysis, making source code available to the public significantly aids defenders and not just attackers. A component of Air University and Air Education and Training Command, AFIT is committed to providing defense-focused graduate and professional continuing education and research to sustain the technological . 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.
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