Proposal for a New 'Rights in Software' Clause for Software Acquisitions by the Department of Defense.
CARNEGIE-MELLON UNIV PITTSBURGH PA SOFTWARE ENGINEERING INST
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This report recommends three distinct regulatory strategies for addressing difficulties the Department of Defense DoD has been experiencing with respect to legal issues related to software acquisitions. First, the report reiterates the Software Licensing Projects earlier recommendation that the DoD adopt the proposed Federal Acquisition Regulation FAR data rights provisions instead of the proposed revisions to the DoD supplement to the FAR DoD FAR SUPP. Secondly, in the event that the Defense Department chooses to adopt a data rights procurement policy different from that found in the data rights provisions of the proposed FAR, this report recommends that the DoD adopt a separate Rights in Software clause for software acquisitions, rather than continuing the present practice of handling software procurements under the Rights in Technical Data clause. Reasons in support of a separate software acquisition policy, as well as a beginning model Rights in Software clause are offered. Finally, in the event that the DoD elects to retain the procurement format presently found in the DoD FAR SUPP provisions governing software and technical data acquisitions, this report offers several concrete recommendations for changes to those regulations which should result in a procurement policy which more effectively meets the mission needs of the Defense Department.
- Logistics, Military Facilities and Supplies
- Computer Programming and Software