1. 9/17/2012
Protecting Software – Agencies Respond
Kathleen Herrera McDonald
Los Alamos National Laboratory
&
Aaron Gabriel Sauers
Idaho National Laboratory
Wednesday, Sept. 5, 2012
UNCLASSIFIED Slide 1
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
So What? Who Cares? Why Software is
Important…
A brief overview  how GOCOs monetize software and extract value
 License software (commercially, non-commercially)  monetize
Toolsto 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
UNCLASSIFIED Slide 2
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
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2. 9/17/2012
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)
UNCLASSIFIED Slide 3
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LANL Software Successes
 KIVA
• 30 year legacy at LANL
• Pulled “in-house” for licensing 2 years ago
• Brand building (Wiki, LinkedIn, executable download)
• License strategy – broad nonexclusive
• 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
• License strategy – broad nonexclusive
• Significant royalty generation; $10M NIH funding
• Part of consortium to leverage collaborative partners
UNCLASSIFIED Slide 4
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
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3. 9/17/2012
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
UNCLASSIFIED Slide 5
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
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
UNCLASSIFIED Slide 6
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
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4. 9/17/2012
Federal Agencies’ Use of “Cloud”
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
UNCLASSIFIED Slide 7
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
Federal Agencies’ Use of “Cloud” cont’d
 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)
UNCLASSIFIED Slide 8
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
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5. 9/17/2012
Electronic Software Distribution @ LANL
COpyright Disclosure Electronic System (CODES)
UNCLASSIFIED Slide 9
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
Executable Downloads
Marketing tool
Instructional tool for universities
Reduced functionality
No source code (use a separate
license)
Publicly available (no export
control issues)
UNCLASSIFIED Slide 10
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
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6. 9/17/2012
Open Source Software
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.*
UNCLASSIFIED Slide 11
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
LAUR 12-01613
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
UNCLASSIFIED Slide 12
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
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7. 9/17/2012
Questions?
Kathleen Herrera McDonald
Los Alamos National Laboratory
Email: kathleen_m@lanl.gov
Aaron Gabriel Sauers
Idaho National Laboratory
Email: aaron.sauers@inl.gov
Twitter: http://www.linkedin.com/in/aaronsauers
LinkedIn: https://twitter.com/aaronsauers
UNCLASSIFIED Slide 13
Operated by Los Alamos National Security, LLC for the U.S. Department of Energy’s NNSA
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