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F-35 Data Rights Case Continues On Issue of ‘Developed’ Software

Frank Wolfe Frank Wolfe
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F-35 Data Rights Case Continues On Issue of ‘Developed’ Software
U.S. Air Force Senior Airman Zachary Calderon (right), 308th Aircraft Maintenance Unit crew chief, signals to Air Force Lt. Col. Adam Vogel (left), 310th Fighter Squadron commander on June 5th at Luke AFB, Ariz. before the inaugural F-35 training sortie of the 310th Fighter Squadron after Vogel’s assumption of command three days earlier. The 310 Fighter Squadron, the fifth F-35 squadron at Luke, was previously an F-16 Fighting Falcon squadron (U.S. Air Force Photo)

An F-35 software data rights dispute between the federal government and Lockheed Martin [LMT] continues before the Armed Services Board of Contract Appeals (ABSCA) nearly four years after the company filed an October, 2019 appeal of a Defense Contract Audit Agency decision that the U.S. Navy was entitled to "government purpose rights" to the software. If software development occurs with federal government and contractor funds, the government receives "government purpose rights” that allow the government to use technical data and…

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