Re: Software as a public service

Stephen J. Turnbull wrote:
>     Joe> And can they _own_ copyrights, or do the copyright
>     Joe> assignments then (effectively) become assignments to the
>     Joe> public domain?
> 
> They own them.  For implications, see below.
> 
>     Joe> One might imagine that FOI would imply that anyone can _read_
>     Joe> the things that gov't agencies own copyrights to, right?  But
>     Joe> if FOI applies, then doesn't that in and of itself imply that
>     Joe> the works are PD?
> 
> No.  The works are still copyrighted; unless the FOI law says otherwise,
> you are not free to modify or republish.  Heck, you might not even be
> allowed to _run_ it!

Correct on both points. For contractor-developed non-COTS software 
(i.e., developed specifically for US government use and not "commercial 
off the shelf") typically the US government would have a license for 
internal use and perhaps the right to distribute software to 
non-government users for "government purposes", but this license would 
not necessarily permit distribution outside the government for other 
purposes.

For a good overall summary of the situation vis-a-vis the US government 
and copyright, see the following PowerPoint presentation developed by 
someone at NASA:

http://cendi.dtic.mil/presentations/copyright_borda.ppt

For more detailed information, including links to relevant US laws and 
regulations, including the Federal Acquisition Regulations, see

http://cendi.dtic.mil/publications/04-8copyright.html#30
http://cendi.dtic.mil/publications/04-8copyright.html#40

(Actually this whole FAQ is chock-full of useful information relating to 
the US government and copyright. And the FAQ itself is not copyrighted, 
so feel free to use it as you wish.)

Frank

-- 

Frank Hecker
[email protected]