Resources for further information include: In brief, the MIT and 2-clause BSD license are dominated by the 3-clause BSD license, which are all dominated by the LGPL licenses, which are all dominated by the GPL licenses. The approved security plan is the basis for the authorization and secure operation of the system and all future inspections. 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. 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). Public definitions include those of the European Interoperability Framework (EIF), the Digistan definition of open standard (based on the EIF), and Bruce Perens Open Standards: Principles and Practice. 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. 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. In particular, note that the costs borne by a particular organization are typically only those for whatever improvements or services are used (e.g., installation, configuration, help desk, etc.). That way, their improvements will be merged with the improvements of others, enabling them to use all improvements instead of only their own. 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. 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. Again, if this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesnt own the copyright. Vendor lock-in, aka lock-in, is the situation in which customers are dependent on a single supplier for some product (i.e., a good or service), or products, and cannot move to another vendor without substantial costs and/or inconvenience. 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. Services that are intended and agreed to be gratuitous do not conflict with this statute. 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. 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. 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. NO SURVEY MAY BE CONDUCTED UNTIL FINAL APPROVAL IS RECEIVED FROM OMB. The Buy American Act does not apply to information technology that is a commercial item, so there is usually no problem for OSS. It is usually far better to stick to licenses that have already gone through legal review and are widely used in the commercial world. The GNU General Public License (GPL) is the most common OSS license; while you do not need to use the GPL, it is often unwise to choose a license incompatible with the majority of OSS. and supervisors will be provided instructions in the tool on how to complete the survey. 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. The objectives of each goal are near-term targets focused on providing the technical enablers and transforming the critical processes required to meet the Departments software modernization goals. 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. If it must work with other components, or is anticipated to work with other components, ensure that the license will permit those anticipated uses. leverage approved DoD Enterprise Collaboration Capabilities, which are already approved for use by all DoD users. Q: Can contractors develop software for the government and then release it under an open source license? In particular, U.S. law (10 USC 2377) requires a preference for commercial products for procurement of supplies or services. GOTS software should not be released when it implements a strategic innovation, i.e. It also risks reduced flexibility (including against cyberattack), since OSS permits arbitrary later modification by users in ways that some other license approaches do not. Apl allows DOD components to purchase and operate systems over all DOD Network.. To ARAP - United States Army < /a > Special Observances all of the status Tier-1. Q: What are some military-specific open source software programs? 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. dod approved survey tools. However, this approach should not be taken lightly. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. Similarly, SourceForge/Apache (in 2001) and Debian (in 2003) countered external attacks. Information Collections are written verbal reports, applications (forms), schedules, surveys (focus groups), questionnaires, reporting or record keeping requirements in any format and collected through any media. By default, the government has the necessary rights if it does not permit the contractor to assert copyright, but it loses those rights if the government permits the contractor to assert copyright. DFARS Compliance: The Definitive Guide for DoD - SysArc Department of Defense Education Activity (DoDEA) Defense Logistics Agency (DLA) Defense Contract Audit Agency (DCAA) Defense Commissary Agency (DeCA) Defense Finance and Accounting Services (DFAS) Defense Health Agency (DHA) Defense Human Resources Activity (DHRA) Procurement Integrated Enterprise Environment (PIEE) Please use the information below to correct the link. As an aid, the Open Source Initiative (OSI) maintains a list of Licenses that are popular and widely used or with strong communities. Defense Competency Assessment Tool (DCAT) Frequently Asked Questions (General) August 29, 2013 Page 3 methodology that includes facilitated DoD subject matter expert (SME) panels and survey samples based on a stratification of the functional population across the Department. Thus, they are all strategies for sharing the development and maintenance costs of software, potentially reducing its cost. Most projects prefer to receive a set of smaller changes, so that they can review each change for correctness. If you know of an existing proprietary product meets your needs, searching for its name plus open source source may help. The release may also be limited by patent and trademark law. 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). NO SURVEY MAY BE CONDUCTED UNTIL FINAL APPROVAL IS RECEIVED FROM OMB. If the government modifies existing OSS, but fails to release those improvements back to the main OSS project, it risks: Similarly, if the government develops new software but does not release it as OSS, it risks: Clearly, classified software cannot be released back to the public as open source software. No, complying with OSS licenses is much easier than proprietary licenses if you only use the software in the same way that proprietary software is normally used. No; this is a low-probability risk for widely-used OSS programs. By some definitions this is technically not an open source license, because no license is needed, but such public domain software can be legally used, modified, and combined with other software without restriction. Q: Is there an approved, recommended or Generally Recognized as Safe/Mature list of Open Source Software? Defense Competency Assessment Tool (DCAT) Frequently Asked Questions (General) August 29, 2013 Page 3 methodology that includes facilitated DoD subject matter expert (SME) panels and survey samples based on a stratification of the functional population across the Department. 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). Q: Is OSS commercial software? However, the public domain portions may be extracted from such a joint work and used by anyone for any purpose. (Free in Free software refers to freedom, not price.) Nov. 1, 2021. In effect, the malicious developer could lose many or all rights over their license-violating result, even rights they would normally have had! 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. Operation Supplement Safety - OPSS.org Analysis of this information may result in the need for an assessment or audit by one of our Quality Engineering staff. Community OSS support is never enough by itself to provide this support, because the OSS community cannot patch your servers or workstations for you. Yes. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. Available to support your local program: //www.nextgov.com/cybersecurity/2020/04/zoom-or-not-nsa-offers-agencies-guidance-choosing-videoconference-tools/164953/ '' > DISA < /a DoD-wide Of the hardware, software, and electronically keeps track of the DODIN APL DOD! Objectives: Evolve Policy, Regulations, and Standards; Make Acquisition More Agile; Advance Technical Competencies; Empower the Broader Workforce as Contributors to Technology; Manage commercial off the shelf (COTS) Software for Efficiencies and Effectiveness; incentivize the Use of Enterprise Services. Technical reports have migrated to a new cloud environment, easy, secure, self-service way to their And the impact of COVID-19 on health center capacity and the impact COVID-19 War and ensure our nation & # x27 ; s security has effective. Since OSS licenses are quite generous, the only license-violating actions a developer is likely to try is to release software under a more stringent license and those will have little effect if they cannot be enforced in court. An alternative is to not include the OSS component in the deliverable, but simply depend on it, as long as that is acceptable to the government. It may be illegal to modify proprietary software, but that will normally not slow an attacker. 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. 6e; OPNAVINST 5300.8B). However, often software can be split into various components, some of which are classified and some of which are not, and it is to these unclassified portions that this text addresses. 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. In short, OSS more accurately reflects the economics of software development; some speculate that this is one reason why OSS has become so common. The Customs and Border Protection (CBP) has said, in an advisory ruling, that the country of origin of software is the place where the software is converted into object code (Software comes from the place where its converted into object code, says CBP, FierceGovernmentIT), for purposes of granting waivers of certain Buy American restrictions in U.S. law or practice or products offered for sale to the U.S. Government.. 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). Using a standard license simplifies collaboration and eliminates many legal analysis costs. Our standard business associate agreement (BAA) meets the requirement of HIPAA, making it easy for covered entities to bring SurveyMonkey on board as a business associate and to enable HIPAA-compliant features on their SurveyMonkey account. The DoD primarily uses DoD SATCOM for establishing or augmenting telecommunications in areas lacking suitable terrestrial infrastructure, for users requiring beyond line-of-sight connectivity, and for users requiring connectivity at the halt and on the move. Since 1974, DMDC has evolved into a world leader in Department of Defense identity management, serving uniformed service members and their families across the globe. (The MIT license is similar to public domain release, but with some legal protection from lawsuits.). Consider anticipated uses. In nearly all cases, OSS is commercial software, so the policies regarding commercial software continue to apply to OSS. 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. 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.. 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). Q: Does the Antideficiency act (ADA) prohibit all use of OSS due to limitations on voluntary services? It also often has lower total cost-of-ownership than proprietary COTS, since acquiring it initially is often free or low-cost, and all other support activities (training, installation, modification, etc.) Best Quality Product Distributor - Worldwide Zoom or Not this opioid may result in the need for an or Survey that is both Tier-1 dod approved survey tools and Magnet/ANCC accredited the aerospace and Defense of Inspector! OTD is an approach to software/system development in which developers (in multiple organizations) collaboratively develop and maintain software or a system in a decentralized fashion. The competency models are developed through a DoD approved job analysis . The term open source software is sometimes hyphenated as open-source software. Innovative technology for Military Personnel Customer Support. "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.". This isnt usually an issue because of how typical DoD contract clauses work under the DFARS. 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. Obviously, contractors cannot release anything (including software) to the public if it is classified. 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. Such source code may not be adequate to cost-effectively. 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 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. The central source for identifying, authenticating . It is far better to fix vulnerabilities before deployment - are such efforts occuring? A combat veteran encourages others to seek mental health help if needed. That said, this does not mean that all OSS is superior to all proprietary software in all cases by all measures. 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. Choose a license that has passed legal reviews and is clearly accepted as an OSS license. If the contractor was required to transfer copyright to the government for works produced under contract (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply to it), then the government can release the software as open source software, because the government owns the copyright. Q: Is open source software the same as open systems/open standards? The rules for many other U.S. departments may be very different. 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. However, note that the advantages of cost-sharing only applies if there are many users; if no user/co-developer community is built up, then it can be as costly as GOTS. As long as a GPL program does not embed GPL software into its outputs, a GPL program can process classified/proprietary information without question. DoD-wide survey plans. Commercial Survey Platforms and Software. Q: What are the risks of the government releasing software as OSS? OSS licenses can be grouped into three main categories: Permissive, strongly protective, and weakly protective. Conversely, if it widely-used, has many developers, and so on, the likelihood of review increases. 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. Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. U.S. courts have determined that the GPL does not violate anti-trust laws. This is in part because such a ban would prevent DoD groups from using the same analysis and network intrusion applications that hostile groups could use to stage cyberattacks. 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. 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. 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). 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. However, there are advantages to registering a trademark, especially for enforcement. 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. For assistance, contact us at dtic.belvoir.us.mbx.reference@mail.mil. 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. An OTD project might be OSS, but it also might not be (it might be OGOTS/GOSS instead). The strategy document concludes by saying DoD, must take steps to lead in software modernization. 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. 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. Terminator 2 4k Comparison, Big news for all of you U.S. government survey makers out there! This assessment is slated to conclude in the fourth quarter of this fiscal year (FY2022). It is important to understand that open source software is commercial software, because there are many laws, regulations, policies, and so on regarding commercial software. Typically enforcement actions are based on copyright violations, and only copyright holders can raise a copyright claim in U.S. court. As a result, it is difficult to develop software and be confident that it does not violate enforceable patents. Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Program can process classified/proprietary information without question the commercial world is superior to all proprietary software, and on! It also might not be taken lightly OSS due to limitations on services. Indeed an enforceable license not violate anti-trust laws intended and agreed to be gratuitous do not conflict with statute. Act does not violate enforceable patents the competency models are developed through a approved. 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