From owner-freebsd-questions@FreeBSD.ORG Thu Oct 7 16:59:51 2010 Return-Path: Delivered-To: freebsd-questions@freebsd.org Received: from mx1.freebsd.org (mx1.freebsd.org [IPv6:2001:4f8:fff6::34]) by hub.freebsd.org (Postfix) with ESMTP id 914FE106564A for ; Thu, 7 Oct 2010 16:59:51 +0000 (UTC) (envelope-from rfarmer@predatorlabs.net) Received: from mail-px0-f182.google.com (mail-px0-f182.google.com [209.85.212.182]) by mx1.freebsd.org (Postfix) with ESMTP id 6CC628FC1E for ; Thu, 7 Oct 2010 16:59:51 +0000 (UTC) Received: by pxi17 with SMTP id 17so28255pxi.13 for ; Thu, 07 Oct 2010 09:59:50 -0700 (PDT) MIME-Version: 1.0 Received: by 10.114.125.17 with SMTP id x17mr1207750wac.22.1286470790790; Thu, 07 Oct 2010 09:59:50 -0700 (PDT) Received: by 10.220.188.3 with HTTP; Thu, 7 Oct 2010 09:59:50 -0700 (PDT) X-Originating-IP: [128.95.133.183] In-Reply-To: <4CAD9F85.5000005@gmail.com> References: <86fwwjyurd.fsf@red.stonehenge.com> <20101006215345.1a57c45c@gumby.homeunix.com> <86pqvnxbre.fsf@red.stonehenge.com> <20101006174309.407e4216@scorpio> <86d3rnxadh.fsf@red.stonehenge.com> <4CAD40C7.5080908@gmail.com> <4CAD9F85.5000005@gmail.com> Date: Thu, 7 Oct 2010 09:59:50 -0700 Message-ID: From: Rob Farmer To: Gonzalo Nemmi Content-Type: text/plain; charset=ISO-8859-1 Cc: freebsd-questions@freebsd.org Subject: Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core X-BeenThere: freebsd-questions@freebsd.org X-Mailman-Version: 2.1.5 Precedence: list List-Id: User questions List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Thu, 07 Oct 2010 16:59:51 -0000 On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi wrote: > Im saying what I already said. And yet, you haven't really addressed my core point. Consider the following scenario: I write a tutorial on how to use GCC (a program originally written in the US by a US citizen and stills recieves significant contributions from US citizens) to compile programs for targeting ICBM's. I burn my tutorial plus a copy of GCC to a CD and ship it to Supreme Leader Kim Jong-il's residence, then he sends me $50,000 cash in exchange. The GPL has no problems whatsoever with this (it never addresses exports, says there shall be no discrimination against certain fields of endeavor, and the added "services and support" sidestep any sales issues). Yet, do you really think this would be a-ok with customs? There are various laws that covered the situation, in addition to the license - for example, there are restrictions on transporting more than $9,999 worth of paper currency across the US border in a single transaction (even just to Canada). My point is that the US export restrictions apply to the Intel ACPI code, they apply to most of the GNU toolchain, they apply to work Yahoo has paid people to do, etc. FreeBSD, like it or not, is largely under the jurisdiction of US export law. You are saying that there should be a disclaimer telling people to "watch out for this one. Ask your lawyer about it's terms and conditions." People shouldn't be watching out for a particular license, but rather the broader implications of distributing stuff internationally, which, due to cold-war era laws, can involve a significant prison sentence if done wrong. If you are interested in adding a disclaimer, consider the following one from Red Hat's legal department, which covers the *entire* distribution: By clicking on and downloading Fedora, you agree to comply with the following terms and conditions: Fedora software and technical information is subject to the U.S. Export Administration Regulations and other U.S. and foreign law, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Iraq, North Korea, Sudan, and Syria) or to persons or entities prohibited from receiving U.S. exports (including those (a) on the Bureau of Industry and Security Denied Parties List or Entity List, (b) on the Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and (c) involved with missile technology or nuclear, chemical or biological weapons). You may not download Fedora software or technical information if you are located in one of these countries, or otherwise affected by these restrictions. You may not provide Fedora software or technical information to individuals or entities located in one of these countries or otherwise affected by these restrictions. You are also responsible for compliance with foreign law requirements applicable to the import and use of Fedora software and technical information. Perhaps there are loopholes (I export to Canada, then a Canadian exports to somewhere else) but this doesn't change the situation for people in the US, like the OP. You are talking about reviewing the licenses, but exporting is also matter of criminal law. If I consulted a lawyer about doing such an export, it is reasonable to expect that they would bring this up, rather than just summarize license terms on a one-off basis. -- Rob Farmer