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Should Public Funds Mean Public Code?

Posted by timothy on from the commonweal dept.

Lisa points to this article on oreillynet with "two opposing viewpoints on whether all software created by publicly funded research should be licensed as open source, and the chance to weigh in yourself." Open-source software (under whatever license) seems to me like a good way to multiply the investment of tax dollars that public funding relies on, but the counterarguments offered here are interesting.

2 of 465 comments (clear)

  1. code is no different by bokmann · · Score: 5, Informative

    Code is no different than any other property...

    Are Television shows created with public funds available for my use as source material in my own movies?

    Are works of art (like the infamous Mapelthorpe photos) considered in the 'public domain'?

    I honestly don't know the answer, but I'm sure someone has thought about this in another domain. I wish people would stop thinking that code/cyberspace is really as new and challenging as it seems.

    -db

  2. Re:FOIA and government source code by gorillasoft · · Score: 5, Informative

    While you could potentially get the source to a "small, insignificant program," it won't necessarily work. There are a variety of exclusions that an agency could use to keep the source code private, and just about any of the ones below could be bended to prevent release.

    From the DOJ: The exemptions authorize federal agencies to withhold information covering: (1) classified national defense and foreign relations information; (2) internal agency rules and practices; (3) information that is prohibited from disclosure by another federal law; (4) trade secrets and other confidential business information; (5) inter-agency or intra-agency communications that are protected by legal privileges; (6) information involving matters of personal privacy; (7) certain types of information compiled for law enforcement purposes; (8) information relating to the supervision of financial institutions; and (9) geological information on wells. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters.

    So, as you can see, the FOIA does *not* mean you have access to everything.

    Here is more information:
    FOIA Reference Guide