Data Rights for Proprietary Software Used in DoD Programs

The Department of Defense (DoD) is increasingly acquiring complex systems that use commercial software to meet many of the systems' functional requirements. If the commercial software is a truly commercial product and will not be modified (for example, a commercial antivirus program), then for most systems, data rights do not become an issue. However, when the commercial software is based on proprietary software that is not available as a standard commercial product or will be modified such that the end product is no longer commercially available or is different from the standard commercial product (for example, a adding program specific capabilities to a database program), the DoD must consider what data rights are necessary.

This paper examines how data rights issues were addressed in the Transformational Satellite Communications System (TSAT) program

  • reviews additional concerns posed by the use of commercial software in the TSAT program's Space Segment, including safety and mission assurance, and how those concerns were addressed

  • reviews, in less detail, data rights concerns for software incorporated in the Global Positioning System program, and how those concerns were addressed

  • PDF [736 KB]

    Authors

    Julie B. Cohen

    Bonnie Troup (The Aerospace Corporation)

    Henry Ouyang (The Aerospace Corporation)

    This report is related to the following area(s) of work:

    Acquisition Support

    Technical Note
    CMU/SEI-2010-TN-014
    April 2010

    Cite This Report

    SEI:

    Cohen, Julie; Troup, Bonnie; & Ouyang, Henry. Data Rights for Proprietary Software Used in DoD Programs (CMU/SEI-2010-TN-014). Software Engineering Institute, Carnegie Mellon University, 2010. http://www.sei.cmu.edu/library/abstracts/reports/10tn014.cfm

    IEEE:

    J. Cohen, B. Troup, and H. Ouyang, "Data Rights for Proprietary Software Used in DoD Programs," Software Engineering Institute, Carnegie Mellon University, Pittsburgh, Pennsylvania, Technical Note CMU/SEI-2010-TN-014, 2010. http://www.sei.cmu.edu/library/abstracts/reports/10tn014.cfm

    APA:

    Cohen, J., Troup, B., & Ouyang, H. (2010). Data Rights for Proprietary Software Used in DoD Programs (CMU/SEI-2010-TN-014). Retrieved May 19, 2013, from the Software Engineering Institute, Carnegie Mellon University website: http://www.sei.cmu.edu/library/abstracts/reports/10tn014.cfm

    CHI:

    Cohen, Julie, Bonnie Troup, and Henry Ouyang. Data Rights for Proprietary Software Used in DoD Programs (CMU/SEI-2010-TN-014). Pittsburgh, PA: Software Engineering Institute, Carnegie Mellon University, 2010. http://www.sei.cmu.edu/library/abstracts/reports/10tn014.cfm

    MLA:

    Cohen, J., Troup, B., & Ouyang, H. 2010. Data Rights for Proprietary Software Used in DoD Programs (Technical Report CMU/SEI-2010-TN-014). Pittsburgh: Software Engineering Institute, Carnegie Mellon University. http://www.sei.cmu.edu/library/abstracts/reports/10tn014.cfm

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