The latest updates and analysis from Morrison Foerster
March 28, 2024 - Data Rights

DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

On November 17, 2023, the Department of Defense published its long-awaited proposed revisions to the Defense Federal Acquisition Regulation Supplement data rights regulations to implement a Modular Open Systems Approach (MOSA). 88 Fed. Reg. 80258. In this article, we focus on one aspect of these proposals in particular—the unnecessary but very adverse effect these revisions will have on commercial software and technology developers. Some of these ill effects can be avoided. We will point out the principal issues and offer solutions.

Read the full article in The Nash & Cibinic Report.