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If Software Is Funded from a Public Source, Its Code Should Be Open Source

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191–200 of 277 posts

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#191

I'm in favor of the transparency this would confer, but it's probably not in our best national interests to be potentially giving away state of the art software for running large governments. The code is of minimal utility to individual citizens who have no need to run large governments, but can be hugely beneficial to our competing nations.

Psst, it's not our state of the art software that's holding this ball of mud together.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#192

Would it be possible to FOIA the source code and commit history?

Disclosability and licensing are almost orthogonal (though a proprietary license might make code more likely to be nondisclosable.) Particularly, open source code could still fall into most of the existing FOIA exceptions.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#193
post #191

I'm in favor of the transparency this would confer, but it's probably not in our best national interests to be potentially giving away state of the art software for running large governments. The code is of minimal utility to individual citizens who have no need to run large governments, but can be hugely beneficial to our competing nations.

Psst, it's not our state of the art software that's holding this ball of mud together.

It's a competition nonetheless.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#194

Government scientist here. IANAL, but my understanding is that all software written by US government civil servants is in the public domain. It cannot be copyrighted or otherwise licensed (although the government can patent things). This does not necessarily mean that it is available to the public, as noted in the other comments; it may be classified, considered For Official Use Only, or restricted from release by IT…

If you can, please send me an email.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#195
post #73

Earlier quoted context omitted.

There are some things the IRS shouldn't release like their fraud detection or anything related to deciding who should get audited. Releasing that risks big bad actors working around the limitations of whatever algorithms it contains.

> There are some things the IRS shouldn't release like their fraud detection or anything related to deciding who should get audited That's perhaps a good reason for that part of the software to not be published and/or FOIA disclosable, but that's orthogonal to how it is licensed. If it's an original government work now it would be public domain (which is more open than open source), but still potentially confidential…

While I appreciate the distinction between license and classification, does it really matter if a piece of software is "in the public domain" if its very existence and content is classified and non-disclosable? It may as well not exist as far as open-source or public domain is concerned.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#196

Government scientist here. IANAL, but my understanding is that all software written by US government civil servants is in the public domain. It cannot be copyrighted or otherwise licensed (although the government can patent things). This does not necessarily mean that it is available to the public, as noted in the other comments; it may be classified, considered For Official Use Only, or restricted from release by IT…

Mostly sortof true, but there are lots of complications. I've delved into this. For lots of detail on the current situation, see my paper, "Publicly Releasing Open Source Software Developed for the U.S. Government" by David A. Wheeler, https://www.csiac.org/journal-article/publicly-releasing-ope... In almost all cases, if a US Federal employee writes software as part of his/her official duties, then there is no copyr…

The most common clause for it contracts that produce software is called “Rights in Data - General” [0] and by default, without alternatives explicitly stated, it allows the government to distribute in an unlimited manner anything created by the contractor.

So the good news is that any government contractor overseeing a contract should be able to release it as OSS, if ve wants. Bad news is that it’s effort and risk to do it correctly.

[0] https://www.law.cornell.edu/cfr/text/48/52.227-14

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#197
post #102

Government scientist here. IANAL, but my understanding is that all software written by US government civil servants is in the public domain. It cannot be copyrighted or otherwise licensed (although the government can patent things). This does not necessarily mean that it is available to the public, as noted in the other comments; it may be classified, considered For Official Use Only, or restricted from release by IT…

I used to work in a state government job as a student intern, and they said they wanted an internal directory for some various tasks. You can think of it like an inventory manager sort of website, purely on our intranet. The mad lad my lead was, said we would need a database for retaining some of the basic data we needed to keep track of. Nothing all that special, just a few tables, and by nature nothing sensitive wo…

> This got rejected immediately, and our IT literally cited "no database installations are allowed per security team."

This is common enough across a variety of organizations (I've certainly run into the same issue at several large-ish companies) and isn't necessarily unreasonable... if IT also provides a process for getting what you need with their oversight/help (bonus if some part of the IT team actually has skills to do audits rather than cargo culting off a checklist).

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#198

Government scientist here. IANAL, but my understanding is that all software written by US government civil servants is in the public domain. It cannot be copyrighted or otherwise licensed (although the government can patent things). This does not necessarily mean that it is available to the public, as noted in the other comments; it may be classified, considered For Official Use Only, or restricted from release by IT…

I am working on this problem and contributing to https://code.mil . This project explains to DoD managers /how/ to set up an open source policy. It's going to be a long process, but we can do this!

please send me an email.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#199

Earlier quoted context omitted.

I used to be a contractor and worked on a web application distributed across multiple web servers. We needed a state server at the time to hold some cached information and share it among the servers. Now there was a rule that said a web server was not directly allowed to communicate with the database. Okay I get it, that makes sense. The state server we were going to use to store some application metadata had the wor…

I'm having to switch CentOS servers over to RHEL servers because... support(?) Some state work got in trouble a few years back because they'd updated guidelines that no applications could be on the same machine as a database server. Enforced separation, for security. Having enough staff and management to distribute that message to people dealing with the apps and servers didn't seem to be a requirement, however. And.…

The web server had to communicate through an application server. It wasn't a huge deal, until we got into the discussion about what a database meant to them. That was painful.

Re: If Software Is Funded from a Public Source, Its Code Should Be Open Source

#200

Government scientist here. IANAL, but my understanding is that all software written by US government civil servants is in the public domain. It cannot be copyrighted or otherwise licensed (although the government can patent things). This does not necessarily mean that it is available to the public, as noted in the other comments; it may be classified, considered For Official Use Only, or restricted from release by IT…

Mostly sortof true, but there are lots of complications. I've delved into this. For lots of detail on the current situation, see my paper, "Publicly Releasing Open Source Software Developed for the U.S. Government" by David A. Wheeler, https://www.csiac.org/journal-article/publicly-releasing-ope... In almost all cases, if a US Federal employee writes software as part of his/her official duties, then there is no copyr…

This DoD CyberSecurity Policy Chart in the sidebar is epic: https://dodiac.dtic.mil/dod-cybersecurity-policy-chart/

Clearly, they don't want new ideas.

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