Do you have permission to release to the public (classification, distribution statements, export controls)? The 1997 InfoWorld Best Technical Support award was won by the Linux User Community. The Air Force separated 610 Airmen for declining the once-mandated COVID-19 vaccination. In 2015, a series of decisions regarding the GNU General Public License were issued by the United States District Courts for the Western District of Texas as well as the Northern District of California. Look at the Numbers! In 2017, the United States District Court for the Northern District of California, in Artifex Software, Inc.v. Hancom, Inc., issued a ruling confirming the enforceability of the GNU General Public License. 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. 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. 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. An example of such software is Expect, which was developed and released by NIST as public domain software. Estimating the Total Development Cost of a Linux Distribution estimates that the Fedora 9 Linux distribution, which contains over 5,000 software packages, represents about $10.8 billion of development effort in 2008 dollars. The 88th Air Base Wing is the host organization for Wright-Patterson Air Force Base. FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . "Delivering a more lethal force requires the ability to evolve faster and be more adaptable . Unfortunately, the government must pay for all development and maintenance costs of GOTS; since these can be substantial, GOTS runs the risk of becoming obsolete when the government cannot afford those costs. Everything just redirects to the DISA Approved Product list which only covers hardware. That way, their improvements will be merged with the improvements of others, enabling them to use all improvements instead of only their own. 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. Q: What is the legal basis of OSS licenses? Some OSS is very secure, while others are not; some proprietary software is very secure, while others are not. Again, if this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Software that meets very high reliability/security requirements, aka high assurance software, must be specially designed to meet such requirements. 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. Do not mistakenly use the term non-commercial software as a synonym for open source software. It's like it dropped off the face of the earth. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. In addition, a third party who breaches a software license (including for OSS) granted by the government risks losing rights they would normally have due to the doctrine of unclean hands. OSS options should be evaluated in principle the same way you would evaluate any option, considering need, cost, and so on. So, while open systems/open standards are different from open source software, they are complementary and can work well together. Do not use spaces when performing a product number/title search (e.g. Ipamorelin. This is not a contradiction; its quite common for different organizations to have different rights to the same software. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. All executables that is not on a base approval list will soon be blocked. 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. 1342 the Attorney General drew a distinction that the Comptroller of the Treasury thereafter adopted, and that GAO and the Justice Department continue to follow to this daythe distinction between voluntary services and gratuitous services. Some key text from this opinion, as identified by the red book, are: [I]t seems plain that the words voluntary service were not intended to be synonymous with gratuitous service it is evident that the evil at which Congress was aiming was not appointment or employment for authorized services without compensation, but the acceptance of unauthorized services not intended or agreed to be gratuitous and therefore likely to afford a basis for a future claim upon Congress. Thus, complex license management processes to track every installation or use of the software, or who is permitted to use the software, is completely unnecessary. This clause establishes that the choice of venue clause (category 4) is superseded by the Contract Disputes Act (category 2), and thus the conflict is typically moot. As of Jan. 21, the Air Force has administratively separated 111 active duty Airmen. Bruce Perens noted back in 1999, Do not write a new license if it is possible to use (a common existing license) The propagation of many different and incompatible licenses works to the detriment of Open Source software because fragments of one program cannot be used in another program with an incompatible license. Many view OSS license proliferation as a problem; Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek) noted that not only are there too many OSS licenses, but that the consequences for blithely creating new ones are finally becoming concrete the vast majority of open source products out there use a small handful of licenses Now that open source is becoming (gasp) a mainstream phenomenon, using one of the less-common licenses or coming up with one of your own works against you more often than not. A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. 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. DoD Directive 5000.1 states that open systems shall be employed, where feasible, and the European Commission identifies open standards as a major policy thrust. Cisco Systems, Inc. 170 West Tasman Dr. San Jose, CA 95134-1706 USA. 7101-7109). Furthermore, 52.212-4(s) says: (s) Order of precedence. The Buy American Act does not apply to information technology that is a commercial item, so there is usually no problem for OSS. The GPL and government unlimited rights terms have similar goals, but differ in details. 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. AFCWWTS 2021 GUEST LIST Coming Soon. By definition, open source software provides more rights to users than proprietary software (at least in terms of use, modification, and distribution). 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). This is the tightest form of mixing possible with GPL and other types of software, but it must be used with care to ensure that the GPL software remains generic and is not tightly bound to any one proprietary software component. Whats more, proprietary software release practices make it more difficult to be confident that the software does not include malicious code. 40 CFR, Section 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation defines Commercial computer software as software developed or regularly used for non-governmental purposes which: (i) Has been sold, leased, or licensed to the public; (ii) Has been offered for sale, lease, or license to the public; (iii) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or (iv) Satisfies a criterion expressed in paragraph (a)(1)(i), (ii), or (iii) of this clause and would require only minor modification to meet the requirements of this contract.. Otherwise, choose some existing OSS license, since all existing licenses add some legal protections from lawsuits. Units. Examine if it is truly community-developed - or if there are only a very few developers. The term open source software is sometimes hyphenated as open-source software. All new software products must go through the systems change request approval process and complete a satisfactory risk assessment. No, OSS is developed by a wide variety of software developers, and the average developer is quite experienced. Guglielmo Marconi. However, it must be noted that the OSS model is much more reflective of the actual costs borne by development organizations. Why Open Source Software / Free Software (OSS/FS, FLOSS, or FOSS)? 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. The WHO was established on 7 April 1948. 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). ), the . OSS projects typically seek financial gain in the form of improvements. OSS can often be purchased (directly, or as a support contract), and such purchases often include some sort of indemnification. U.S. law governing federal procurement U.S. Code Title 41, Section 103 defines commercial product as including a product, other than real property, that (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. Note that this also applies to proprietary software, which often have even stricter limits on if/how the software may be changed. A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. Dynamic attacks (e.g., generating input patterns to probe for vulnerabilities and then sending that data to the program to execute) dont need source or binary. Very Important Notes: The Public version of DoD Cyber Exchange has limited content. In addition, DISA has initiated an assessment of the APL process, which was enacted nearly a decade ago, to ensure that current procedures align with new and evolving departmental priorities. DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. Atty Gen.51 (1913)) that has become the leading case construing 31 U.S.C. 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. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. These decisions largely held that the GNU General Public License, version 2 was enforceable in a series of five related legal cases loosely referred to as Versata v. Ameriprise, although there were related suits against Versata by XimpleWare. In that case, the U.S. government might choose to continue to use the version to which it has unlimited rights, or it might use the publicly-available commercial version available to the government through that versions commercial license (the GPL in this case). Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. (Supports Block Load, Room-by-Room Load, Zone-by-Zone and Adequate Exposure Diversity or AED Calculations) Wrightsoft Right-J8. Various organizations have been formed to reduce patent risks for OSS. This is not uncommon. Once software exists, all costs are due to maintenance and support of software. 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. Q: Does the DoD use OSS for security functions? 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. One way to deal with potential export control issues is to make this request in the same way as approving public release of other data/documentation. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by This Open Source Software FAQ was originally developed on Intellipedia, using a variety of web browsers including Mozilla Firefox. 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. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. As noted in FAR 27.201-1, Pursuant to 28 U.S.C. Q: Are non-commercial software, freeware, or shareware the same thing as open source software? Tech must enable mission success. Service Mixing GPL can provide generic services to other software. This resource contains Facility-Related Control Systems (FRCS) guidance, reference materials, checklists and templates.The DoD has adopted the Risk Management Framework (RMF) for all Information Technology and Operational Technology networks, components and devices to include FRCS. Others do not like the term GOSS, because GOSS is not actually OSS, and they believe the term can be misleading. In such licenses, if you give someone a binary of the program, you are obligated to give them the source code (perhaps upon request) under the same terms. It points to various studies related to market share, reliability, performance, scalability, security, and total cost of ownership. 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.
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