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. is a survey paper that provides quantitative data that, in many cases, using open source software / free software (abbreviated as OSS/FS, FLOSS, or FOSS) is a reasonable or even superior approach to using their proprietary competition according to various measures.. (its) goal is to show that you should consider using OSS/FS when acquiring software. Gartner Groups Mark Driver stated in November 2010 that, Open source is ubiquitous, its unavoidable having a policy against open source is impractical and places you at a competitive disadvantage.. In addition, an attacker can often acquire the original source code from suppliers anyway (either because the supplier voluntarily provides it, or via attacks against the supplier); in such cases, if only the attacker has the source code, the attacker ends up with another advantage. 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. Such source code may not be adequate to cost-effectively. Even where there is GOTS/classified software, such software is typically only a portion of the entire system, with other components implemented through COTS components. Obviously, contractors cannot release anything (including software) to the public if it is classified. Q: Why is it important to understand that open source software is commercial software? - AF Form 1206, Nomination for Award (2 Aug 17) remains the standard AF award nomination form. Q: How can I find open source software that meets my specific needs? Coronavirus (COVID-19) Update Information. 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. Problems must be fixed. Establish vetting process(es) before government will use updated versions (testing, etc.). An example is (connecting) a GPL utility to a proprietary software component by using the Unix pipe mechanism, which allows one-way flow of data to move between software components. PDF Headquarters Air Force Space Command - Af Adobe Acrobat Reader. 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. These cases were eventually settled by the parties, but not before certain claims regarding the GPLv2 were decided. Part of the ADA, Pub.L. 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. Using industry OSS project hosting services makes it easier to collaborate with other parties outside the U.S. DoD or U.S. government. DoD Software Modernization Strategy Approved > U.S. Department of Several static tool vendors support analysis of OSS (such as Coverity and Sonatype) as a way to improve their tools and gain market use. 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. Make sure its really OSS. DOR Approved Software Developers | Mass.gov For additional information please contact: disa.meade.ie.list.approved-products-certification-office@mail.mil. 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). There is a fee for registering a trademark. 37 African nations, US kickoff AACS 2023 in Senegal. 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 can typically release software as open source software once it has unlimited rights to the software. Awards - Afpc.af.mil For example, trademarks and certification marks can be used to differentiate one version of OSS from others, e.g., to designate certain releases as an official version. OSS-like development approaches within the government. Q: Can contractors develop software for the government and then release it under an open source license? However, if the goal is to encourage longevity and cost savings through a commonly-maintained library or application, protective licenses may have some advantages, because they encourage developers to contribute their improvements back into a single common project. The doctrine of unclean hands, per law.com, is a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Government employees may also modify existing open source software. Similarly, OSS (as well as proprietary software) may indeed have malicious code embedded in it. "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.". Cybersecurity Facility-Related Control Systems (FRCS) - SERDP-ESTCP 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). For software delivered under federal contracts, any choice of venue clauses in the license generally conflict with the Contract Disputes Act. Use of the DODIN APL allows DOD Components to purchase and operate systems over all DOD network infrastructures. 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. If using acronyms and abbreviations, only utilize those identified on the approved Air Force Acronym and Abbreviation List, unless noted by an approved category. Wikipedia maintains an encyclopedia using approaches similar to open source software approaches. Q: Is a lot of pre-existing open source software available? What contract applies, what are its terms, and what decisions have been made? It depends on the goals for the project, however, here are some guidelines: Public domain where required by law. Once the government has unlimited rights, it may release that software to the public under any terms it wishes - including by using the GPL. Adtek Acculoads. See the licenses listed in the FAQ question What are the major types of open source software licenses?. Her work has appeared in Air Force Magazine, Inside Defense, Inside Health Policy, the Frederick News-Post (Md. But in practice, publicly-released OSS nearly always meets the various government definitions for commercial computer software and thus is nearly always considered commercial software. As always, if there are questions, consult your attorney to discuss your specific situation. Thus, as long as the software has at least one non-governmental use, software licensed (or offered for license) to the public is a commercial product for procurement purposes. 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. 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. Many programs and DAAs do choose to use commercial support, and in many cases that is the best approach. Many OSS licenses do not have a choice of venue clause, and thus cannot have an issue, although some do. Knowledge is more important than the licensing scheme. TCG LinkPRO, TCG BOSS, and TCG GTS all earn placement on DOD's OTI evaluated/approved products list. how to ensure the interoperability of systems; how to build systems that are manageable. Defense Information Systems Agency (DISA), National Centers of Academic Excellence in Cybersecurity (NCAE-C), Public Key Infrastructure/Enabling (PKI/PKE), https://dl.dod.cyber.mil/wp-content/uploads/home/img/img1.jpg. An Open System is a system that employs modular design, uses widely supported and consensus based standards for its key interfaces, and has been subjected to successful V&V tests to ensure the openness of its key interfaces (per the DoD Open Systems Joint Task Force). REFERENCES: (a) AFI 33-210, "Air Force Certification and Accreditation (C . 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). Most of the Air Force runs on excel VBA because of this. 1.1.3. 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. Examples include: If you know of others who have similar needs, ask them for leads. [ top of page] Colleges & Your Majors. Epitalon (Epithalon) Hexarelin. This approach may inhibit later release of the combined result to other parties (e.g., allies), as release to an ally would likely be considered distribution as defined in the GPL. The U.S. has granted a large number of software patents, making it difficult and costly to examine all of them. 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). Even if an OTD project is not OSS itself, an OTD project will typically use, improve, or create OSS components. There are two runways supporting an average of 47,000 aircraft operations . In the DoD, the GIG Technical Guidance Federation is a useful resource for identifying recommended standards (which tend to be open standards). A protective license protects the software from becoming proprietary, and instead enforces a share and share alike approach between parties. Yes. 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). Do you have the materials (e.g., source code) and are all materials properly marked? U.S. government contractors (including those in the DoD) are often indemnified from patent infringement by the U.S. government as part of their contract. Q: What is the country of origin for software? First, get approval to publicly release the software. Can the DoD used GPL-licensed software? An Open Source Community can update the codebase, but they cannot patch your servers. 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. For more information, see the. DISA renews antivirus software license agreement helping - Air Force This way, the software can be incorporated in the existing project, saving time and money in support. This is not uncommon. This memo is available at, The Open Technology Development Roadmap was released by the office of the Deputy Under Secretary of Defense for Advanced Systems and Concepts, on 7 Jun 2006. Cisco Firepower Threat Defense (FTD) 6.4 with FMC and AnyConnect. This can create an avalanche-like virtuous cycle. DAF COVID-19 Statistics - January 2022. Execution Mixing GPL and other software can run at the same time on the same computer or network. Cisco takes a deep dive into the latest technologies to get it done. DISA Approved Product List - DoD Cyber Exchange No. Home page of Hill Air Force Base The Air Force will conduct its next "BRAVO" hackathon in March, and any U.S. citizen may apply. As noted by the 16 October 2009 policy memorandum from the DoD CIO, in almost all cases OSS is a commercial item as defined by US Law (Title 41) and regulation (the FAR). 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. Any reproduction of this computer software, or portions thereof, marked with this legend must also reproduce these markings.. DoDIN APL is managed by the APCO | disa.meade.ie.list.approved-products-certification-office@mail.mil. In short, OSS more accurately reflects the economics of software development; some speculate that this is one reason why OSS has become so common. This has never been true, and explaining this takes little time. Indeed, many people have released proprietary code that is malicious. https://www.disa.mil/network-services/ucco, The DoD Cyber Exchange is sponsored by 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. BIG-IP logout page - Cyber FRCS projects will be required to meet RMF requirements and if required, obtain an Authorization To Operate (ATO . As noted in FAR 27.201-1, Pursuant to 28 U.S.C. In addition, widely-used licenses and OSS projects often include additional mechanisms to counter this risk. 2021.04.30 2023.04.30 Apple Inc. Apple FileVault 2 on T2 systems running macOS Catalina 10.15: 11078 . . 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. 75th Anniversary Article. To provide Cybersecurity tools to . These prevent the software component (often a software library) from becoming proprietary, yet permit it to be part of a larger proprietary program. Search. All new software products must go through the systems change request approval process and complete a satisfactory risk assessment. Each government program must determine its needs, and then evaluate its options for meeting those needs. Acquisition Process Model. The Secretary of the Air Force approved the activation plan on 25 January 1972 and the college was established 1 April 1972 at Randolph AFB, Texas. OSS implementations can help rapidly increase adoption/use of the open standard. 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. OGOTS/GOSS software is often not OSS; software is only OSS if it meets the definition of OSS. ), the . Running shoes. Q: What are the major types of open source software licenses? The public release of the item is not restricted by other law or regulation, such as the Export Administration Regulations or the International Traffic in Arms Regulation, and the item qualifies for Distribution Statement A, per DoD Directive 5230.24 (reference (i)).". The Defense Information Systems Agency maintains the DOD Information Network (DODIN) Approved Products List (APL) process, as outlined in DOD Instruction 8100.04 on behalf of the Department of Defense. If the goal is maximize the use of a technology or standard in a variety of different applications/implementations, including proprietary ones, permissive licenses may be especially useful. Q: Under what conditions can GPL-licensed software be mixed with proprietary/classified software? 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. Yes, both the government and contractors may obtain and use trademarks, service marks, and/or certification marks for software, including OSS. This formal training is supplemented by extensive on-the-job training and accumulated hands on experience gained throughout the Service member's career. As noted above, in software, Open Source refers to software for which the human-readable source code is available for use, study, re-use, modification, enhancement, and re-distribution by the users of such software. An Airman at the 616th Operations Center empowered his fellow service members by organizing a professional development seminar for his unit. This assessment is slated to conclude in the fourth quarter of this fiscal year (FY2022) and all updates to the DoDIN APL process are expected to be published and available by March 2023. Yes, extensively. DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE SPACE COMMAND GUARDIANS OF THE HIGH FRONTIER. The Department of Defense (DoD) Software Modernization Strategy was approved Feb. 1. NIAP: Product Compliant List - NIAP-CCEVS Establish project website. Q: How does open source software work with open systems/open standards? Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; . 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. 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.. CJC-1295 DAC. This process provides a single, consolidated list of products that have met cybersecurity and interoperation certification requirements. 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. In many cases, yes, but this depends on the specific contract and circumstances. For example, software that can only be used for government purposes is not OSS, since it cannot be used for any purpose. Rachel Cohen joined Air Force Times as senior reporter in March 2021. The GPL version 2 and the GPL version 3 are in principle incompatible with each other, but in practice, most released OSS states that it is GPL version 2 or later or GPL version 3 or later; in these cases, version 3 is a common license and thus such software is compatible. Cisco solutions for department of defense DoD - Cisco As with all commercial items, the DoD must comply with the items license when using the item. It may be illegal to modify proprietary software, but that will normally not slow an attacker. 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. Air Force Approved Software List? : r/AirForce - Reddit Distribution Mixing GPL and other software can be stored and transmitted together. The central theme of 2022 was the U.S. government's deploying of its sanctions, AML . 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. The regulation is available at. This is often done when the deliverable is a software application; instead of including commercially-available components such as the operating system or database system as part of the deliverable, the deliverable could simply state what it requires. 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.. The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs. This list was generated on Friday, March 3, 2023, at 5:54 PM. This regulation only applies to the US Army, but may be a useful reference for others. The Air Force Institute of Technology, or AFIT, is the Air Force's graduate school of engineering and management as well as its institution for technical professional continuing education. By definition, OSS software permits arbitrary use of the software, and allows users to re-distribute the software to others. Common licenses for each type are: - Permissive: MIT, BSD-new, Apache 2.0 - Weakly protective: LGPL (version 2 or 3) - Strongly protective: GPL (version 2 or 3). DOD SkillBridge Is it COTS? Spouse's information if you have one. Q: What is the legal basis of OSS licenses? As stated in FAR 25.103 Exceptions item (e), The restriction on purchasing foreign end products does not apply to the acquisition of information technology that is a commercial item, when using fiscal year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts).. If a legal method for using the GPL software for a particular application cannot be devised, and a different license cannot be negotiated, then the GPL-licensed component cannot be used for that particular purpose. GOTS is especially appropriate when the software must not be released to the public (e.g., it is classified) or when licenses forbid more extensive sharing (e.g., the government only has government-purpose rights to the software). Observing the output from inputs is often sufficient for attack. The lack of money changing hands in open source licensing should not be presumed to mean that there is no economic consideration, however. Performance Statements are plain language and avoid using uncommon acronyms and abbreviations. SAF/AQC 1060 Air Force Pentagon Washington, DC 20330-1060 (571) 256-2397 DSN 260-2397 Fax: (571) 256-2431 Fax: DSN 260-2431 Featured Links. (See GPL FAQ, Can I use the GPL for something other than software?.). 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. We maintain more than 8,000 acres of land, a physical plant of over 16 million square feet and provide operational support for more than 100 associate units located at Wright-Patterson. The intended audience of this tool is emergency managers, first responders, and other homeland security professionals. 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. German courts have enforced the GPL. Certain FAR clause alternatives (such as FAR 52.227-17) require the contractor to assign the copyright to the government. However, software written entirely by federal government employees as part of their official duties can be released as public domain software. The NSA/CSS Evaluated Products Lists equipment that meets NSA specifications. Open standards can aid open source software projects: Note that open standards aid proprietary software in exactly the same way. Government Approved Drones U.S. DoD Lists Blue sUAS - DRONELIFE The GPL and government unlimited rights terms have similar goals, but differ in details. 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. As noted in Technical Data and Computer Software: A Guide to Rights and Responsibilities Under Federal Contracts, Grants and Cooperative Agreements by the Council on Governmental Relations (COGR), This unlimited license enables the government to act on its own behalf and to authorize others to do the same things that it can do, thus giving the government essentially the same rights as the copyright owner. In short, once the government has unlimited rights, it has essentially the same rights as a copyright holder, and can then use those rights to release that software under a variety of conditions (including an open source software license), because it has the use and modify the software at will, and has the right to authorize others to do so.
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