Can the government release software under an open source license if it was developed by contractors under government contract?
In many cases, yes, but this depends on the specific contract and circumstances. Under the usual “default” rules, the answer is “yes” if it was developed for the DoD under the DFARS. Under the “default” rules, the answer is typically “no” if it was developed for under the default FAR rules (used by many other federal agencies) unless the contract transferred the copyright to the government or was modified in some way to permit it. If the contractor was required to transfer copyright to the government for works produced under contract (e.g., because the FAR 52.227-17 or DFARS 252.227-7020 clauses apply to it), then the government can release the software as open source software, because the government owns the copyright. Under the DFARS, which is typically used for DoD contracts, the government can release software as open source software once it receives “unlimited rights” to that software. DFARS 252.227-7014(a)(15) defines “unlimited rights” as “rights to use, modify, reproduce, relea
Related Questions
- Can the government release software under an open source license if it was developed by contractors under government contract?
- Can contractors develop software for the government and then release it under an open source license?
- Can I just release my software under a free license like the GNU GPL or an open source license?
