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. Air Force Command and Control at the Start of the New Millennium. All new software products must go through the systems change request approval process and complete a satisfactory risk assessment. The travel and meal tickets you received the day you reported to ship out to basic training. Similarly, OSS (as well as proprietary software) may indeed have malicious code embedded in it. 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. . Where possible, it may be better to divide such components into smaller components in a way that avoids this issue. By definition, open source software provides more rights to users than proprietary software (at least in terms of use, modification, and distribution). Thus, Open Source Intelligence (OSINT) is form of intelligence collection management that involves finding, selecting, and acquiring information from publicly available sources and analyzing it to produce actionable intelligence. Air Force rarely ranks high on recruiting lists, but this year it brought in the most three-star . (Free in Free software refers to freedom, not price.) If the government has received copyright (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply) then the government can release the software as open source software. 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. Document the projects purpose, scope, and major decisions - users must be able to quickly determine if this project might meet their needs. If it is a modification of an existing project, or a plug-in to it, release it under the projects original license (and possibly other licenses). In short, OSS more accurately reflects the economics of software development; some speculate that this is one reason why OSS has become so common. In addition, important open source software is typically supported by one or more commercial firms. 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 has a reduced likelihood if the program is niche or rarely-used, has few developers, uses a rare computer language, or is not really OSS. This is not a contradiction; its quite common for different organizations to have different rights to the same software. This can increase the number of potential users. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. Since both terms are in use, the rest of this document will use the term OGOTS/GOSS. DSEI 2021, ExCel, LONDON, UK - 14 September 2021 - Curtiss-Wright's Defense Solutions division (Bays 22-26 ExCeL Exhibition Centre), a trusted supplier of tactical data link (TDL) software and hardware solutions engineered to succeed, announced that it has received certification from . Static attacks (e.g., analyzing the code instead of its execution) can use pattern-matches against binaries - source code is not needed for them either. Air Force, U.S. Navy, and U.S. Marine Corps, and to participating agencies in-volved with supportability analysis sum-maries and provisioning/item selection functions by, or for, Department of Defense weapons systems, equipment, publications, software and hardware, training, training devices, and support equipment. When the software is already deployed, does the project develop and deploy fixes? Services that are intended and agreed to be gratuitous do not conflict with this statute. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. 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. Bases. The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. This also pressures proprietary implementations to limit their prices, and such lower prices for proprietary software also encourages use of the standard. A copyright holder who releases creative works under one of the Creative Common licenses that permit commercial use and modifications would be using an OSS-like approach for such works. There are many definitions for the term open standard. Maximize portability, and avoid requiring proprietary languages/libraries unnecessarily. The government can typically release software as open source software once it has unlimited rights to the software. As with proprietary software, to reduce the risk of executing malicious code, potential users should consider the reputation of the supplier (the OSS project) and the experience of other users, prefer software with a large number of users, and ensure that they get the real software and not an imitator (e.g., from the main project site or a trusted distributor). DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND . DoDIN Approved Products List. 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. Download Adobe Acrobat Reader. Q: How can I get support for OSS that already exists? ASTi's Telestra systems integrate with a vast array of simulators across the Air Force Distributed Mission Operations (DMO) enterprise. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. Avenir MJ8 Editions of HeatCAD and LoopCAD. Q: What additional material is available on OSS in the government or DoD? Computer and electronic hardware that is designed in the same fashion as open source software (OSS) is sometimes termed open source hardware. As far as I have heard, unless you are a programmer then you aren't getting any actual development software. 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. A service mark is "a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a service rather than goods. 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. OSS licenses can be grouped into three main categories: Permissive, strongly protective, and weakly protective. 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 . 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. Currently there are no IO Certificates available for this Tracking Number. 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. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. The following questions discuss some specific cases. The DSOP is joint effort of the DOD's Chief Information Officer, Office of the Undersecretary of Defense for Acquisition and Sustainment. ensure that security is designed in from the start and not tacked on as an after thought. These definitions in U.S. law govern U.S. acquisition regulations, namely the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS). 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. Q: What are some military-specific open source software programs? The government is not the copyright holder in such cases, but the government can still enforce its rights. 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. 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. Choose a license that is recognized as an Open Source Software license by the Open Source Initiative (OSI), a Free Software license by the Free Software Foundation (FSF), and is acceptable to widely-used Linux distributions (such as being a good license for Fedora). 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. If the project is likely to become large, or must perform filtering for public release, it may be better to establish its own website. Support for OSS is often sold separately for OSS; in such cases, you must comply with the support terms for those uses to receive support, but these are typically the same kinds of terms that apply to proprietary software (and they tend to be simpler in practice). 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. Q: Can government employees contribute code to open source software projects? Air Force - (618)-229-6976, DSN 779. However, this approach should not be taken lightly. 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. Some protocols and formats have been specifically devised and reviewed to avoid patents; using them is more likely to avoid problems. Q: Why is it important to understand that open source software is commercial software? For more information, see the. A U.S. Air Force A-10 receives maintenance at Davis-Monthan Air Force Base, Arizona, May 29, 2020. The DDR&E, Advanced Capabilities Modular Open Systems Approach web page also provides some useful background. U.S. courts have determined that the GPL does not violate anti-trust laws. Direct deposit form. However, this cost-sharing is done in a rather different way than in proprietary development. Thus, GPLed compilers can compile classified programs (since the compilers treat the classified program as data), and a GPLed implementation of a virtual machine (VM) can execute classified software (since the VM implementation runs the software as data). In some cases, there are nationally strategic reasons the software should not be released to the public (e.g., it is classified). 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. For example, users of proprietary software must typically pay for a license to use a copy or copies. Q: In what form should I release open source software? Similarly, in Wallace v. IBM, Red Hat, and Novell, the U.S. Court of Appeals for the Seventh Circuit found in November 2006 that the GNU General Public License (GPL) and open-source software have nothing to fear from the antitrust laws. Adobe Acrobat Reader software is copyrighted software which gives users instant access to documents in their original form, independent of computer platform. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? 1342, Limitation on voluntary services, US Government Accountability Office (GAO) Office of the General Counsels Principles of Federal Appropriations Law (aka the Red Book), the 1982 decision B-204326 by the U.S. Comptroller General, How to Evaluate Open Source Software / Free Software (OSS/FS) Programs, Capgeminis Open Source Maturity Model (OSMM), Top Tips For Selecting Open Source Software, Open Source memo doesnt mandate a support vendor (by David Perera, FierceGovernmentIT, May 23, 2012), Code Analysis of the Linux Wireless Teams ath5k Driver, DFARS subpart 227.70infringement claims, licenses, and assignments, Prior Art and Its Uses: A Primer, by Theodore C. McCullough, this NASA Jet Propulsion Laboratory (JPL) project became a top level open source Apache Software Foundation project in 2011, Geographic Resources Analysis Support System (GRASS), Publicly Releasing Open Source Software Developed for the U.S. Government, CENDIs Frequently Asked Questions About Copyright, GPL FAQ, Question Can the US Government release a program under the GNU GPL?, Free Software Foundation License List, Public Domain, GPL FAQ, Question Can the US Government release improvements to a GPL-covered program?, Publicly Releasing Open Source Software Developed for the U.S. Government by Dr.David A. Wheeler, DoD Software Tech News, February 2011, U.S. Code Title 41, Chapter 7, Section 103, follow standard source installation release practices, Open Source Software license by the Open Source Initiative (OSI), Free Software license by the Free Software Foundation (FSF), Many view OSS license proliferation as a problem, Serdar Yegulalps 2008 Open Source Licensing Implosion (InformationWeek), Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities, licenses accepted by the Google code hosting service, Producing Open Source Software: How to Run a Successful Free Software Project by Karl Fogel, Open Technology Development (OTD): Lessons Learned & Best Practices for Military Software, Recognizing and Avoiding Common Open Source Community Pitfalls, Releasing Free/Libre/Open Source Software (FLOSS) for Source Installation, GNU Coding Standards, especially on the release process, Wikipedias Comparison of OSS hosting facilities page, U.S. Patent and Trademark Office (PTO) page Trademark basics, U.S. Patent and Trademark Office (PTO) page Should I register my mark?, Open Technology Development Lessons Learned, Office of the Director of National Intelligence (ODNI) Government Open-Source Software (GOSS) Handbook for Govies, Military - Open Source Software (MIL-OSS) DoD/IC discussion list, Hosted by Defense Media Activity - WEB.mil, Open source software licenses are reviewed and approved as conforming to the, In practice, an open source software license must also meet the, Fedora reviews licenses and publishes a list of, The Department of Navy CIO issued a memorandum with guidance on open source software on 5 Jun 2007. A GPLed program can run on top of a classified/proprietary platform when the platform is a separate System Library (as defined in GPL version 3). Q: When can the U.S. federal government or its contractors publicly release, as OSS, software developed with government funds? By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. 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. 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. 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. In most cases, contributors to OSS projects intend for their contributions to be gratuitous, and provide them for all (not just for the Federal government), clearly distinguishing such OSS contributions from the voluntary services that the ADA was designed to prevent. 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. As noted in FAR 27.201-1, Pursuant to 28 U.S.C. 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. Such source code may not be adequate to cost-effectively. Its flexibility is as high as GOTS, since it can be arbitrarily modified. 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. This does not mean that existing OSS elements should always be chosen, but it means that they must be considered. Service Mixing GPL can provide generic services to other software. Part of the ADA, Pub.L. DAF COVID-19 Statistics - January 2022. DISA has updated the APL Integrated Tracking System, a web-based user database, to list products that have been approved and the current status of remaining items that are still in process. an Air Force community college and on 9 November 1971, General John D. Ryan, Air Force Chief of Staff, approved the establishment of the Community College of the Air Force. DISA FREE HOME ANTIVIRUS SOFTWARE (CAC REQ'D) STRATEGIC . Also, there are rare exceptions for NIST and the US Postal Service employees where a US copyright can be obtained (see CENDIs Frequently Asked Questions About Copyright). Unlike proprietary COTS, GOTS has the advantage that the government has the right to change the software whenever the government chooses to do so.
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