protecting software: agencies respond

9/17/2012

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Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA

U N C L A S S I F I E D

Kathleen Herrera McDonald Los Alamos National Laboratory

&

Aaron Gabriel Sauers Idaho National Laboratory

Wednesday, Sept. 5, 2012

Protecting Software – Agencies Respond

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So What? Who Cares? Why Software is

Important…

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A brief overview how GOCOs monetize software and extract value

License software (commercially, non-commercially) monetize

Tools to demonstrate capabilities and build user groups (BIP in CRADAs;

develop SIP with exclusive rights in SIP improvements)

Control source and executable code

Leverage open source licenses to build user communities

All of the above activities occur through copyright assertion permitted by

DOE for GOCOs

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INL Software Successes

RELAP5-3D

• Began in the 1960s

• Program sustained entirely by royalties

• License strategy – broad nonexclusive

• Royalties support a ‘help desk’ for end-

user technical support

SOPHIA

• License strategy – Exclusive field-of-use

• Electronic download for beta-test

licenses prior to exclusive license for

distribution (still pending)

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LANL Software Successes

KIVA

• 30 year legacy at LANL

• Pulled “in-house” for licensing 2 years ago

• Brand building (Wiki, LinkedIn, executable download)


• Building program and collaborative network via DOE Office of

Vehicle Technologies

GeniePro

• License strategy – exclusive field-of-use

• Digital Pathology & Geographic Information Systems

• Now a commercial product

SOLVE/RESOLVE


• Significant royalty generation; $10M NIH funding

• Part of consortium to leverage collaborative partners

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Benefits & Challenges – in the “Cloud”

What is cloud computing? - The practice of using a network

of remote servers hosted on the Internet to store, manage,

and process data, rather than a local server (result of

“virtualization)

Used less for “scientific computing”, HPC etc.

Used more for enterprise applications and business suites

Agencies are on board with cloud computing for security and cost

savings

• Advantages: configurable to your needs; network “up” more than “down”

• Disadvantages: it’s new and there are growing pains

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Examples of “Cloud” Usage

INL – email powered by Google enterprise cloud

LANL - Infrastructure on Demand for operational/enterprise

functions

Tech Transfer Uses – customer relationship management

(CRM) tools, IP management tools, etc.

• LANL IP database “virtualized” but no specific “cloud” usage at this time

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Federal Agencies’ Use of “Cloud”

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CIA – private clouds for hosting terabytes of data to analyze patterns in

intelligence data*

NASA’s Nebula – an open source project now called OpenStack launched in

mid-2010; agencies can use OpenStack to create private clouds, tapping APIs

for sharing workloads with public clouds

USDA – Software as a Service (SaaS) deployment to provide Microsoft

Exchange and other cloud apps to 120K employees and contractors; also

deploying correspondence-tracking application on Force.com to log and monitor

interactions with the agency’s constituents (replacing 20 different apps now

used); also has USDA Connect, a private cloud for serves and storage within

USDA



Federal Agencies’ Use of “Cloud” cont’d

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US Marshals Service – created a private cloud for infrastructure functions

(data center consolidation, server virtualization, etc.)

DHS – rolling out 9 services (email, CRM, and a social platform based on

Microsoft Sharepoint) and a “workplace as a service” to move agency to a

“consumption-based services model” and away from buying and then trying

to cobble together IT assets and resources

DOE – NNSA and Office of Science o NNSA – Infrastructure on Demand – virtual environment physically stored at 2 data centers

(started at LANL)

o Lawrence Berkeley Lab – high performance computing as a service – offered to researchers

from 2 CA data centers; LBL provides the software stack, the parallel computing user

environment, the job scheduler, and the expertise (2500 nodes, 18,000 processing cores,

$4M/year to operate)

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Electronic Software Distribution @ LANL COpyright Disclosure Electronic System (CODES)

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Executable Downloads

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Marketing tool

Instructional tool for universities

Reduced functionality

No source code (use a separate

license)

Publicly available (no export

control issues)

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Open Source Software

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License compatibility for commercial licenses and programmatic

purposes (CASL example)

GNU GPL variety versus BSD variety

How federal agencies use OSS (no “copyright/title” required since more

of a “contract” than an ownership issue

ProCD Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996) – Robert Padilla as chief patent counsel at NASA Ame’s Research

Center identifies the holding in this case as the legal basis to support the enforceability of NASA’s contract rights. Judge

Easterbrook held that rights that are created under contracts (like open source software licenses in Padilla’s interpretation)

are not equivalent to rights granted under copyright…. Open source licenses are like quasi-contracts that can be enforced,

and provide similar protections without invoking the copyright act.*



Apple Inc. v. Samsung Electronics Co., Ltd.

Series of lawsuits between Apple Inc. and Samsung Electronics regarding

the design of smartphones and tablet computers

>50 lawsuits around the globe; billions of dollars in damages claimed

between them

In the U.S., Apple accused Samsung of infringing on 9 utility patents and 4

design patents

On August 24th, 2012, jury returned verdict largely favorable to Apple; jury

awarded Apple ~$1 billion in damages

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Questions?

Kathleen Herrera McDonald

Los Alamos National Laboratory

Email: [email protected]

Aaron Gabriel Sauers

Idaho National Laboratory

Email: [email protected]

Twitter: http://www.linkedin.com/in/aaronsauers

LinkedIn: https://twitter.com/aaronsauers

Slide 13

protecting software: agencies respond

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