Release government-developed unclassified software as open source software, by default
By default, unclassified software which the government paid to develop should be released to the public as open source software (unless there’s a good reason not to).
I’m sure there will need to be exceptions. There would need to be some sort of guidelines to figure out when to grant those exceptions, and those guidelines should be developed though lively discussion. Most obviously, if it’s a special ingredient necessary for national security, then it should be classified and not revealed in any form. Export controls would also apply. But the exceptions should be that: Exceptions.
Why Is This Idea Important?
If “we the people” paid to develop it, then “we the people” should get it! I think this idea fits into the good government ideal of data transparency; after all, software is data. Currently, we have a lot of waste and unnecessary costs due to loss, re-development, and/or government-created monopolies. The government is not a venture capitalist (VC); people who need a VC should go to a VC.
I think this idea easily fits into the broader ideas of transparency and open government, including the Memorandum on Transparency and Open Government. Indeed, there’s a long history of U.S. laws specifically set up to make data available. Most obviously, Freedom on information act (FOIA) requests make it possible to extract information from the U.S. government. 17 USC 105 and 17 USC 101 prevents the U.S. government from claiming U.S. copyright on a work “prepared by an officer or employee of the United States Government as part of that person’s official duties”. So this idea would be an extension of what’s already gone on.
Think of all the advantages if software developed by U.S.-funded research could be reused by other research projects and commercial firms. For example, imagine if other researchers could simply extend previous work by modifying previously-developed software, instead of re-building yet another version from scratch. Anyone could take commercialize the research making it more likely that it would be commercialized instead of being lost in the archives shown at the end of Raiders of the Lost Ark. Some argue that giving sole rights is the only way to commercialization, but that’s just not true; open source software is commercial software, so this is simply a different and fairer path to commercialization. In contrast, the current system inhibits all kinds of technical progress; Biere’s “The Evolution from LIMMAT to NANOSAT” (Apr 2004) found that “important details are often omitted in [research] publications and can only be extracted from source code... [Making source code available] is as important to the advancement of the field as publications”.
If this happened, I envision a two-stage process: (1) release of the software as an archive (so it can be downloaded), and (2) some of it will get picked up and used to start an active OSS project. The second stage might not happen for many years after the first, and that’s okay. Some will ask “how will people find it”, but I think that’s the wrong question. There are many commercial search engines that can find code, but they can only find stuff that’s web-accessible; let’s give them something to find.