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yes. a contractor must comply with federal laws and regulations, including those applicable to contractors (e.g., native american contractors). but these laws and regulations must give due weight to the contractor’s needs.
yes, there is generally a legislative cap on the amount of fees that may be required in a given time period, usually by an appropriations act. thus, congress did not intend that this statute was a source of unlimited liability.
the supreme court has stated that the federal government may contract away a citizen’s constitutionally protected rights. but the government cannot do so unless the contract reasonably reflects the intentions of the parties at the time they make the contract.
yes. under the terms of the government contract, the vendor is required to develop its product according to the provisions of the contract specifications and in accordance with the government’s requirements.
typically the licenses used with open source software are special licenses, such as agpl, that allow attribution, sharing, and modification. however, the licenses for many open source software projects were only written because the license requirements for the general public license (gpl) were already in the code. therefore, the authors of these projects had to decide whether to still release the software under gpl, or to adopt a license that was gpl-compatible. those who desired gpl compatibility chose a license that is compatible with the gpl (such as agpl). in some cases, the project used its own license. in such cases, the author(s) retained all rights to their original work, except for the version available under agpl. if the author(s) used their own license, the other license conditions were equivalent to gpl-compatible licenses (such as agpl). some software that is “officially” available under gpl-compatible license is also available under a proprietary license, such as mit or other bsd-style licenses.
the difference between gots and oss is that the source code (often called the codebase) of a gots product is public. this is usually fixed by the supplier’s license, which typically allow you to freely redistribute or modify the codebase. gots products often have stronger security requirements than proprietary software, which typically use cryptographic signing to verify that the software came from the supplier. gots products also often provide for escrow, so that the source code is released only in the presence of an agreement between the government and the supplier. in gots cases, there is always an open door of entry for someone to get the source code, and you have no assurance that the code base will be well maintained or that the contract will be honored.
in recent years, digital security has become an increasing concern. in general, windows operating systems are more secure than linux, so don’t be surprised if you get a windows license. you should not base your entire procurement decision on the os you will be using. for example, if the oss is known to be able to withstand certain attacks, then windows or linux may be considered, depending on its suitability for the particular system. some attackers have published their weaknesses in the hope that they will be patched.
with these issues in mind, here is the current list of licenses taken from osi and used by the fsf, available in as many languages as possible. please feel free to use and modify it, and use whatever license you prefer.
remember: don’t forget to translate it. use the osi’s guidelines, or something similar, to help you get your translation approved. if there are specific terms you would like to avoid, you can use the method described in the next step. if you are unsure, you can check with the osi. the fsf maintains a list of “free” translations: [ http://www.fsf.org/resources/hw/appl ]
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