Data Rights for Proprietary Software Used in DoD Programs

April 2010 • Technical Note

Julie B. Cohen, Bonnie Troup (The Aerospace Corporation), Henry Ouyang (The Aerospace Corporation)

This report examines how data rights issues were addressed in the TSAT program. It also reviews concerns posed by the use of commercial software in the TSAT program's Space Segment, and data rights concerns for software incorporated in the GPS program.

Publisher:

Software Engineering Institute

CMU/SEI Report Number

CMU/SEI-2010-TN-014

DOI (Digital Object Identifier):

10.1184/R1/6572879.v1

Subjects

AcquisitionAcquisition

Abstract

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

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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://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329

IEEE

Cohen. Julie, Troup. Bonnie, and Ouyang. Henry, "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://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329

APA

Cohen, Julie., Troup, Bonnie., & Ouyang, Henry. (2010). Data Rights for Proprietary Software Used in DoD Programs (CMU/SEI-2010-TN-014). Retrieved June 10, 2023, from the Software Engineering Institute, Carnegie Mellon University website: http://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329

CHI

Julie Cohen, Bonnie Troup, & 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://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329

MLA

Cohen, Julie., Troup, Bonnie., & Ouyang, Henry. 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://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329

BibTex

@techreport{CohenDataRights2010,
title={Data Rights for Proprietary Software Used in DoD Programs},
author={Julie Cohen and Bonnie Troup and Henry Ouyang},
year={2010},
number={CMU/SEI-2010-TN-014},
institution={Software Engineering Institute, Carnegie Mellon University},
address={Pittsburgh, PA},
url={http://resources.sei.cmu.edu/library/asset-view.cfm?AssetID=9329} }

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