Government software acquisition policies dfars and data. In many ways, these software licenses are a symptom of the tech worlds hold on governments. With thousands of oss projects made available, code. Should all government it systems be using open source software. Can government use a gnu gpl licensed sofware phpbb without posting the source code. How to choose the best license for your open source. While sometimes the response is very simple, often, the license information for open source software. A federal court has ruled that an open source license is an enforceable contract. We are americas primary platform for aggregating open source software from the federal government.
The purchase and use of red hat products and services are governed by an enterprise agreement including an end user license agreement and the applicable product appendix ces which includes exhibits for those red hat products and services. Licensing framework open government licence open software licences. What is open source software, and what open source licenses is ieee intending to use. Open software licences reusing psi the national archives. The modest request, please, just show me the license may be met with an unsatisfying response. Opensource licenses that explicitly prohibit military. Licensing dc government projects dc government open source code and content should be provided with the least restriction possible.
Indian government takes the open source route open. Red hat license agreements the worlds open source leader. Nzgoalse makes use of the general public licence gpl and the massachusetts institute of technology mit licence, providing software specific guidance for releasing publicly funded software as open source. Nzgoal new zealand government open access and licensing. How to apply an open source license to a us government work. As yet unspecified oss licenses will be added to the code.
Government software development and make the government more open. Feb 20, 2015 in may of 2014, the government accounting office issued a comprehensive report detailing agencybyagency software license mismanagement. Open source software licenses grant more rights than proprietary software licenses, but they are still conditional licenses that require the user to obey certain terms. Ben balter is a senior product manager at github, the worlds largest software. The administration made a commitment, as part of its second open government national action plan, 17 to develop an open source software policy that, together with the digital services playbook, will support improved access to custom software code developed for the federal government. Guidelines on the use of open source software release 1. Difference between freeware and open source software different types of open source licenses. How open source fits into government it strategy where appropriate, government will procure open source solutions. How to choose the best license for your open source software project getting the right license for your open source project can mean the difference between success and failure for your software. Government is committed to improving the way federal agencies buy, build, and deliver information technology it and software solutions to better support cost efficiency, mission effectiveness, and the consumer.
Jun 03, 2015 ben balter is a senior product manager at github, the worlds largest software development network, where he oversees the platforms community and safety efforts named one of the top 25 most influential people in government and technology, fed50s disruptor of the year, and winner of the open source peoples choice award, ben previously served as githubs government evangelist. Frequently asked questions regarding open source software oss and the department of defense dod this page is an educational resource for government employees and government contractors to understand the policies and legal issues relating to the use of open source software oss in the department of defense dod. And mounting evidence from government watchdog groups reveals that much of this strategic expenditure is being needlessly wasted. The sensible company or public authority must be aware of the possibility that the open source software licensor will enforce the open source license terms through judicial proceeding, and should therefore adopt a formal policy and procedure for the handling of open source software. Open source software thrives in government and is in some ways a technical expression of democracy. Free and opensource licenses are commonly classified into two categories. The uk government licensing framework ukglf provides a policy and legal overview of the arrangements for licensing the use and reuse of public sector information, both in central government and the wider public sector. Suggested readings for government staff new to free and open source software. Opensource software oss is a type of computer software in which source code is released. The compiled mattermost team edition server, including source code and binaries for the mobile and desktop apps, are offered under either an mit or apache version 2. Achieving efficiency, transparency, and innovation through reusable and open source software the u.
The default position of 18f when developing new projects is to use free and open source software foss, which is software that does not charge users a purchase or licensing fee for modifying or redistributing the source code, in our projects and contribute back to the open source. This changes when our code repositories include code that was not created by 18f and carries an open license. Licensing dc government projects dc government open source. Jul 26, 2010 governmentoffthe shelf gots open source solution long v. Earlier this year, we noted that the federal government was looking to further embrace open source software in its process of contracting out for or creating in house code. The national archives may, from time to time, issue new versions of the open government licence. Government software development and make the government more open, transparent, and accessible to the public. Techies that connect with the magazine include software.
Two cases now in the courts could open the legal floodgates. Open source for you is asias leading it publication focused on open source technologies. Achieving efficiency, transparency, and innovation through reusable and open source software. Open source software is considered commercial computer software licensed under a licensing scheme that provides broad rights to modify and redistribute the original source code and modified versions. I was also concerned about it allowing software developed by federal government employees to be locked up by a license something that im.
Everything a government attorney needs to know about open. Code previously released under an open source license and then modified by 18f or its contractors is considered a joint work and must be released under terms permitted by the original open source license. Specifically, the order outlines requirements for implementing open source code produced by andor for the agency in accordance with omb memorandum m1621, federal source code policy. In this interview with david wheeler, we explore the current state of use of open source software by the u. The primary thing i want government to do is spend intelligently, open source is definitely part of that, but dont use open source just because it is open source. When used in conjunction with compulsory open standards, open source presents significant opportunities for the design and delivery of interoperable solutions. Copyright notices for open source projects ben balter.
An open source license is a type of license for computer software and other products that allows the source code, blueprint or design to be used, modified andor shared under defined terms and conditions. Open source technologies, communities, and methodologies are playing an increasingly important role in international governments and policymaking. Our licensing benefits it organizations and end users seeking an open source, selfhosted alternative to proprietary saas solutions for team messaging. Municipal is municipal software, and includes features such as animal licensing, fund accounting, license. If youre looking for information about software in government, heres everything a government attorney needs to know about open source software licensing. The ogl symbol shown above was also released along with this version, which at a glance, shows that information can be used and reused under open licensing. Under what conditions can gpllicensed software be mixed. Generally, open source software is software that can be freely accessed, used, changed, and shared in modified or unmodified form by anyone. Copyleft and permissive licenses are appropriate for open source software projects, but johnson points out that some parts of a project need other types of licenses. Office of management and budget omb promulgated an open source software oss policy via the memorandum for the heads of departments and. Casson and ryan argue that governments have an inherent responsibility and fiduciary duty to taxpayers which. The government of assam state made open source a part of its it policy. Software licenses including oss licenses may also involve the laws for patent, trademark, and trade secrets, in addition to. Can government use a gnu gpl licensed sofware phpbb without.
How 2 legal cases may decide the future of open source software the open source universe may soon be less collaborative and more litigious. Agencies unknowingly buy more software than they need, pay maintenance fees for software thats sitting on the shelf and at the same use software. Open source software oss is software licensed to users under an open source license, which generally allow users the freedom to access and use the software source code for any purpose, to study and modify the software, and to redistribute copies of the original and modified software. It sets out best practice, standardises the licensing principles for government information, mandates the open government. After reading up some more on how oss works, ive realized that a license that meets my needs by definition will not be open source, since open source licenses cannot discriminate against fields. Frequently answered questions open source initiative. Commercialoffthe shelf cots government offthe shelf gots open source solution long v.
It most commonly refers to the opensource model, in which opensource software or other products are released under an opensource license as part of the opensourcesoftware movement. I would love to see the software tools developed within the federal government available to the public under an open source license. With respect to open data, the memo notes that software source code and design documents are themselves data and thus existing guidance promoting sharing of data applies to software source code, and further notes that open source software licensing. The joint work can be released under an open source license, and the government is not obligated to go out of its way to annotate which sections are public domain vs. Us government now has an official open source software policy. Releasing government code under open source licenses increases transparency, collaboration and encourages good practices. Launched in february 2003 as linux for you, the magazine aims to help techies avail the benefits of open source software and solutions. Interview with david wheeler on open source in government. It released a draft policy which was good, though we hoped the final product would be much stronger for example, it pushed for a portion of any code to be released. Licensing policies, principles, and resources project open data. I feel that open data and open source software can really complement each other, and access to the software facilitates effective use of the data. As of 2015, it was the most popular software license on github, ahead of any gpl variant and other free and opensource software foss licenses. May 23, 2016 deciding what you need technology to do, avoiding lockin, sharing software and choosing open source. Open source software open government, government of canada.
This can make it difficult to attach an open source license. Paragon consulting services is a software business that publishes a software suite called municipal. This means avoiding constraints on how, when, or by whom code may be repurposed. Free and open source software ministry of electronics. The default position of 18f when developing new projects is to use free and open source software foss, which is software that does not charge users a purchase or licensing fee for modifying or redistributing the source code, in our projects and contribute back to the open source community. Solving the governments software licensing problem fedscoop. Licensing policies, principles, and resources project. Ocmis is a cooperative research and development agreement crada between disa and the open source software institute ossi for the purpose of releasing disas internallydeveloped cmis application suite via an open source licensing scheme and collaborative approach to other government agencies, industry and academia to research enhanced. The uk government made a commitment to making code open source by default at the open government partnership summit in paris 2016. As an example, disa signed a crada with the nonprofit open source software institute to enhance the publicdomain cmis and release it as the open source. How 2 legal cases may decide the future of open source. Government software acquisition policies dfars and. Adoption of free and opensource software by public institutions. The mood in governments around the world has swung behind open source and open standards, but the shift is not.
In short, once the government has unlimited rights, it has essentially the same rights as a 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. This can directly affect whether and when the government may be obliged to provide source. According to technology research firm idc, software license complexity will indirectly cost organizations an average of 25 percent of their software license budgets by 2015. Navigating the multiple license types in the open source world i. Open source software is made by many people, and distributed under licenses that comply with the open source definition. Difference between different types of open sources licenses. License grant what can the government do with the computer software and computer software documentation. Given the goal to create a collaborativelydeveloped software product, opensource software licensing can provide clear and effective rulesofengagement that protect the interests of all participating stakeholders. Those with the aim to have minimal requirements about how the software can be redistributed permissive licenses, and the protective sharealike copyleft licenses. Aug 09, 2016 us government now has an official open source software policy. Notable projects that use the mit license include the x window system, ruby on rails, and node. Are there any good open source licenses that explicitly prohibit all kinds of military applications.
Jul 12, 2018 this is the move from a conceptual governance policy to a practical one. License the proposed change often in the form of a pull request is licensed under the same terms as the project itself e. Licensing and intellectual property rights of open source. Your use of the information will be governed by the terms of the licence in force as of the date you accessed the information. These agreements for various jurisdictions may be viewed by selecting a country below. And in august, the us government issued a new federal software policy that aims to improve efficiency, transparency, and innovation across government by promoting the use of open. What license should the government or contractor chooseselect when releasing open source software. As of 2015, mit was the most popular software license on github, ahead of any gpl variant and other free and open source software foss licenses. Several opensource software licenses have qualified within the boundaries of the open source definition. From the understanding that an open source inventory needs to be managed somehow, to the policy by which the company tracks, approves, controls and maintains the open source components used in its software. The purchase and use of red hat products and services are governed by an enterprise agreement including an end user license agreement and the applicable product appendix ces which includes. The information provider may make changes to the terms of this licence from time to time and issue a new version of the licence. Open source comes with unusual license restrictions that may impact a companys strategies, particularly the risk that its own proprietary software may be tainted by a duty to open its source.
The use of free software instead of proprietary software can give institutions better control over. Open source software oss is software made available in object and source code forms on licensing terms that meet the open source definition maintained by the open source. Dec 17, 2012 my question is, is there any way to lawfully structure a government contract to ensure that the government gets ownership, not just a license, to the data produced, software developed, and the source code, at the end of a contract. The history of democracy and autocracy offers interesting parallels to how we develop and release software. Should all government it systems be using open source. A federal court has ruled that an opensource license is. Nzgoal software extension, version 1, july 2016 pdf 671 kb how do i learn more. Practices and expectations that one may have developed in working with conventional software licensing may lead to frustration when confronting open source software. How to apply an open source license to a us government. With respect to open data, the memo notes that software source code and design documents are themselves data and thus existing guidance promoting sharing of data applies to software source code, and further notes that open source software licensing provides an effective model to achieve those goals. Open government licence home the national archives. If you have images, sound or video, for example, you need to provide an appropriate license. Open source licenses are licenses that comply with the open source definition in brief, they allow software to be freely used, modified, and shared. The extent of the offer to license this information under the terms of this licence is set out in the uk government licensing framework.
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