SO06 Create a Code Library to Leverage State Intellectual Property Rights

Summary
Each state government department writes computer command code for applications. Most departments have not established a resource to reuse the code later in other projects or to share it across California technology resources. The code is an intellectual property of the state and should be protected through copyright and patent applications. California should establish a library of reusable code and store the code in a searchable database for use by all state departments.

Background
Computer application programs over the last few years have evolved into programming languages that are designed to be easily modified to work in various environments. For example, HTML, XML, Java, LINUX and others are written in modular formats that can be connected in different pieces of code to accomplish a variety of functions. In computer terminology, each computer operating system is called a platform and language code that can be used on more than one platform is called "cross platform code."

Conceptually, the newer codes work like an erector set, building new projects from the same parts in new configurations. If the documentation is adequate, finding the correct piece to build a project saves time and creates uniform, easily maintained code.

The California Performance Review Information Technology Team conducted a survey of 70 state departments on IT asset utilization. The survey results found that the 70 departments employ 824 employees and 124 contractors in application development of computer code.

The federal General Services Administration (GSA) is developing a program that will help federal, state and local government agencies to leverage technology components and has set up a website with this information at www.core.gov.[1]

    Recommendations
  1. The Governor should direct the state Chief Information Officer to establish a library of reusable software code under the direction of a Code Librarian.
  2. The library should provide access to the reusable code to allow all state agency developers and programmers to assemble existing code into project solutions. This will reduce project development time and project cost.

  3. The Governor should direct the state Chief Information Officer to create software documentation standards and a database to store the developed code.
  4. The State Chief Information Officer should issue a directive requiring all departments to follow the standards and submit all code developed to the library. The Code Librarian should develop a training course and present it to each department's application development unit to gain the maximum benefit from the library.

  5. The Governor should direct the state Chief Information Officer to obtain copyright and patent protection on the code owned by the state to protect this valuable resource as an intellectual property.

  6. The Governor should direct the state Chief Information Officer to leverage the use of the Federal GSA library by becoming a member and offering code for reuse to other government agencies.

  7. The Governor should direct the state Chief Information Officer to seek potential license agreements and sales of the state's intellectual assets in public markets and work closely with the Office of the Attorney General on copyright and patent infringement cases.

Fiscal Impact
The fiscal impact of establishing a library of reusable code and storing the code in a searchable database for use by all state departments will result in saving though the specific savings are not quantifiable at this time. The savings will be generated by eliminating the need for the approximately 120 consultants involved in application development throughout the various state departments. The cost of implementing this recommendation is minimal-primarily staff cost to add four librarians to establish the library and provide training to all departments. These costs will be offset by the expected savings.

Additional income may be generated in later years through copyright and patent license agreements and sales. That revenue cannot be estimated until all state-owned code is identified.


Endnotes
[1] Patricia Daukantas, "Find ready-made enterprise pieces at CORE.gov," "Government Computer News" (March 8, 2004).