Can contractors develop software for the government and then release it under an open source license?
In many cases, yes, but this depends on the specific contract and circumstances. Under the “default” DFARS and FAR rules and processes, the contractor often keeps and exercise the rights of a copyright holder, which enables them to release that software as open source software (as long as other laws and regulations are met). For DoD contractors, if the standard DFARS contract clauses are used (in particular DFARS 252.227-7014) then the contractor who developed the software retains the copyright to the software and has the right to release it to others, even if the software was developed exclusively with government funds. In some cases a DoD contractor may be required to transfer copyright to the government for works produced under contract (see DFARS 252.227-7020). If this is the case, then the contractor cannot release the software as OSS without permission, because the contractor doesn’t own the copyright. Contractors for other federal agencies may have a different process to use, bu
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- Can the government release software under an open source license if it was developed by contractors under government contract?
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