The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data

Morrison Foerster – A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights in technical data and computer software.  These were, and essentially remain, the 1995 “data rights” regulations and clauses of DFARS Subparts 227.71 and .72, as well as the principal statute they implement, 10 USC §2320.  For almost two decades there was calm, with private technology development thriving and the government’s real needs met.  Then disturbances began to appear in the force.