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Date:      Thu, 6 Jul 2000 07:54:58 -0400 (EDT)
From:      Robert Watson <rwatson@FreeBSD.ORG>
To:        cjclark@alum.mit.edu
Cc:        Kris Kennaway <kris@FreeBSD.ORG>, Susie Ward <sward@voltage.net>, freebsd-security@FreeBSD.ORG
Subject:   Re: SecureBSD (Was: Re: Firewalls and the endless story!)
Message-ID:  <Pine.NEB.3.96L.1000706074516.46768A-100000@fledge.watson.org>
In-Reply-To: <20000705230111.D795@dialin-client.earthlink.net>

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On Wed, 5 Jul 2000, Crist J. Clark wrote:

> You can't copyright a concept. So I ask, did they get some patents? I
> did not see specific mention in the license of any new patents.

  2.3   Ownership.  Except for the FreeBSD software, versions 3.4 and 4.0,
  included in the Program, if any, 2 Cactus will retain all rights, title
  and interest in and to the patent, copyright, trademark, trade secret
  and any other intellectual property rights in the Program and any
  derivative works thereof, subject only to the limited licenses set forth
  in this Agreement.  Customer does not acquire any rights, express or
  implied, in the Program other than those rights expressly granted under
  this Agreement. 

Due to the vaguarities of patent law in the US, the authors of SecureBSD
may publish their patentable ideas, and file for patents within one year
of the publication date.  This was the case, for example, with the RSA
patent, and usually does not hold for international patents.  That said, a
patent in the USA has in the past proven sufficient to restrict the
distribution of software implementing the patented invention.  This
license specifically allows for that eventuality, claiming ownership of
any intellectual property (copyrights, patents, ...) currently or in the
future covering the body of work. Personally, I do not want to risk the
TrustedBSD work by agreeing to a license such as this.

You are welcome to agree to the license, and I am not in any way
criticizing the usefulness of the SecureBSD work: it sounds like a number
of the features described to me (syscall masking, improved logging,
immutable processes of some sort) are very useful, and in fact will be
covered by the TrustedBSD project in some form or another (least
privilege, auditing, integrity protection).  The license merely leaves me
in a position where I'm unwilling to inspect the software, or recommend it
since I cannot inspect it.  It also leaves me in a position where I cannot
feel qualified to answer questions about it or derived works in standard
BSD forums, including freebsd-security.  :-) 

  Robert N M Watson 

robert@fledge.watson.org              http://www.watson.org/~robert/
PGP key fingerprint: AF B5 5F FF A6 4A 79 37  ED 5F 55 E9 58 04 6A B1
TIS Labs at Network Associates, Safeport Network Services



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