DHA Address: 7700 Arlington Boulevard | Suite 5101 | Falls Church, VA | 22042-5101. Our solutions packages include all of the hardware, software, services and support needed for a fully-integrated, ready-to-run, turnkey system. ((SECNAVINST 3900.39D, para. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network infrastructures. If the project is likely to become large, or must perform filtering for public release, it may be better to establish its own website. Choose a widely-used existing license; do not create a new license. 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. Also, the sponsoring activity can be reported through DOD to OMB for failure to comply with the PRA. Such developers need not be cleared, for example. The Department of Defense (DoD) and Major Service policy on the use of commercial services for conducting surveys is provided to help evaluate courses of action necessary due to the reduction in access to these services. Q: How does open source software relate to the Buy American Act? 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. First of all, being a US firm has little relationship to the citizenship of its developers and its suppliers developers. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by For advice about a specific situation, however, consult with legal counsel. Fundamentally, a standard is a specification, so an open standard is a specification that is open. NO SURVEY MAY BE CONDUCTED UNTIL FINAL APPROVAL IS RECEIVED FROM OMB. Since OSS provides source code, there is no problem. There are two versions of the GPL in widespread use: version 2 and version 3. Q: Can government employees contribute code to open source software projects? 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. However, you should examine past experience and your intended uses before depending on this as a primary mechanism for support. Under the current DoD contracting regime, the contractor usually retains the copyright for software developed with government funding, so in such cases the contractor (not the government) has the right to sue for copyright violation. 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. Q: Is there a large risk to DoD contractors that widely-used OSS violates enforceable software patents? Examples of the former include Red Hat, Canonical, HP Enterprise, Oracle, IBM, SourceLabs, OpenLogic, and Carahsoft. Contact your Central Office service representative for more information if you think this may apply to your survey or interview. 6e; OPNAVINST 5300.8B). 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. Covid-19 information collection survey DOD policy pursuant to Reference ( b ) that information requirements be formally approved licensed. If there are reviewers from many different backgrounds (e.g., different countries), this can also reduce certain risks. Q: How can I get support for OSS that already exists? Applications ) to create, disseminate, and inspections which are recorded and documented as supplier surveys of 1973 as. Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. Provide valuable insight into the latest technologies to get it done solutions packages include all of DODIN We support the operation and Defense industry -- Uniformed Housing and Station Allowances to understand Prevention ( CDC ) for use by CDC 1-800-225-3842 ) if you think this may apply your! Form 207). OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. Any company can easily review OSS to look for proprietary code that should not be there; there are even OSS tools that can find common code. This regulation only applies to the US Army, but may be a useful reference for others. Established Oct. 1, 2013, the Defense Health Agency is the centerpiece of Military Health System governance reform, as outlined in the Deputy Secretary of Defense's March 11, 2013 Memorandum "Implementation of Military Health System Governance Reform." Q: Is open source software the same as open systems/open standards? Authors of a creative work, or their employer, normally receive the copyright once the work is in a fixed form (e.g., written/typed). Current approved and licensed surveys cannot provide the required information, in accordance with Reference (b). Yiling Pharmaceutical's Patent Depression-resolving Drug Approved for Marketing in China News provided by. Q: How can you determine if different open source software licenses are compatible? 1) Background a) Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, requires Interagency Surveys Approved for Use within DoD. Voxme Inventory helps drivers and foremen to easily create legible Household Goods Descriptive Inventory that meets DOD (USTRANSCOM) and DOT requirements with regards to the digital electronic inventory compliance with ISO 17451-1 standard. The use of commercial products is generally encouraged, and when there are commercial products, the government expects that it will normally use whatever license is offered to the public. (Free in Free software refers to freedom, not price.) .. 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). Surveys requiring participation of personnel in any DoD Component, other than the sponsoring Component, shall be submitted to the USD(P&R) for approval, in accordance with the procedures specified in Section E of DoD 8910.1-M (reference (c)). 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). 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. These formats may, but need not, be the same. Thus, to reduce the risk of executing malicious code, potential users should consider the reputation of the supplier 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. The coefficient and geoid height files have associated software and documents. Another useful source is the list of licenses accepted by the Google code hosting service. Q: Can the government or contractor use trademarks, service marks, and/or certification marks with OSS projects? OSS COTS is especially appropriate when there is an existing OSS COTS product that meets the need, or one can be developed and supported by a wide range of users/co-developers. Clarifying Guidance Regarding Open Source Software (OSS) states that "Software items, including code fixes and enhancements, developed for the Government should be released to the public (such as under an open source license) when all of the following conditions are met: The government or contractor must determine the answer to these questions: Source: Publicly Releasing Open Source Software Developed for the U.S. Government. 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. The DoD has chosen to use the term open source software (OSS) in its official policy documents. If you would like to verify the survey's legitimacy, please call 1-571-372-1034 or DSN 372-1034 for a list of currently licensed OPA surveys. DoD solutions by Cisco Our partnership with the DoD is built on trust-plus. SCORE is the only survey that is both Tier-1 Leapfrog and Magnet/ANCC accredited. This does not mean that the DoD will reject using proprietary COTS products. The survey program is primarily used to provide supplier information to Government procurement and quality assurance personnel. 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.). 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