Reston Virginia Law Firm

“Cloud Native” — a New Way to Protect IP Using Cloud Computing

One of the biggest hurdles contractors face when they use software that has been developed at private expense, such as in an Independent Research And Development Project, is how to protect that software from being delivered to the government with unlimited rights simply because the software has to be changed for a specific government purpose. Cloud Native may be a solution to this issue. This new method is also very beneficial for agile software development.

“Cloud Native” is defined as an “approach that builds software applications as microservices and runs them on containerized and a dynamically orchestrated platform to utilize the advantages of cloud computing model.” “What is Cloud-Native? Is it Hype or the Future of Software Development?” Stackify, Thorben Janssen, February 7, 2018. The technical terms that are used with Cloud Native are “Container,” “Orchestration,” and “Microservices.” But an easier way to think of Could Native is a grocery bag (Orchestration) filled with empty cans (Container) that you fill with a particular function (Microservices). Thus, a contractor can build a multifunctional program with a lot of smaller programs that link to each other. Since each can is a stand-alone process, the non-government project processes can be built with private funding to which the government may be granted a Limited Rights license, and then the government specific process can be developed with government funding and the government would get unlimited rights to only that “container” of software.

The benefit for agile software development is that instead of making one big program, a developer builds a lot of smaller single functional programs that they can then build on. It also decreases the impacts of small changes to the software since the function is fully tested in a container before it is applied to the larger process.

For more information, contact MWL Counsel Jody Reed.