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Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense

Technical Report
This report 1986 recommends regulatory strategies for addressing difficulties the DoD has experienced with respect to legal issues related to software acquisitions.
Publisher

Software Engineering Institute

CMU/SEI Report Number
CMU/SEI-86-TR-002
Subjects

Abstract

This report recommends three distinct regulatory strategies for addressing difficulties the DoD has been experiencing with respect to legal issues related to software acquisitions. First, the report reiterates the Software Licensing Project's 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 DoD 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.

Cite This Technical Report

Samuelson, P., Deasy, K., & Martin, A. (1986, September 1). Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense. (Technical Report CMU/SEI-86-TR-002). Retrieved March 28, 2024, from https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/.

@techreport{samuelson_1986,
author={Samuelson, Pamela and Deasy, Kevin and Martin, Anne},
title={Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense},
month={Sep},
year={1986},
number={CMU/SEI-86-TR-002},
howpublished={Carnegie Mellon University, Software Engineering Institute's Digital Library},
url={https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/},
note={Accessed: 2024-Mar-28}
}

Samuelson, Pamela, Kevin Deasy, and Anne Martin. "Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense." (CMU/SEI-86-TR-002). Carnegie Mellon University, Software Engineering Institute's Digital Library. Software Engineering Institute, September 1, 1986. https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/.

P. Samuelson, K. Deasy, and A. Martin, "Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense," Carnegie Mellon University, Software Engineering Institute's Digital Library. Software Engineering Institute, Technical Report CMU/SEI-86-TR-002, 1-Sep-1986 [Online]. Available: https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/. [Accessed: 28-Mar-2024].

Samuelson, Pamela, Kevin Deasy, and Anne Martin. "Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense." (Technical Report CMU/SEI-86-TR-002). Carnegie Mellon University, Software Engineering Institute's Digital Library, Software Engineering Institute, 1 Sep. 1986. https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/. Accessed 28 Mar. 2024.

Samuelson, Pamela; Deasy, Kevin; & Martin, Anne. Proposal for a New "Rights in Software" Clause for Software Acquisitions by the Department of Defense. CMU/SEI-86-TR-002. Software Engineering Institute. 1986. https://insights.sei.cmu.edu/library/proposal-for-a-new-rights-in-software-clause-for-software-acquisitions-by-the-department-of-defense/