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To: Karl Denninger <karl@mcs.net>
Subject: Re: kirk's soft-update integration.. 
cc: Julian Elischer <julian@whistle.com>, hackers@FreeBSD.ORG
In-reply-to: Your message of "Tue, 03 Feb 1998 19:08:38 PST."
             <34D7DBB6.33590565@whistle.com> 
Date: Wed, 04 Feb 1998 02:03:37 -0800
From: Kirk McKusick <mckusick@McKusick.COM>
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    Date: Tue, 03 Feb 1998 19:08:38 -0800
    From: Julian Elischer <julian@whistle.com>
    Organization: Whistle Communications
    To: Karl Denninger <karl@mcs.net>
    CC: hackers@freebsd.org, mckusick@mckusick.com
    Subject: Re: kirk's soft-update integration..

    Karl Denninger wrote:
    > 
    > How is this a "poison pill"?
    > 
    > I don't see the problem - FreeBSD, which is what this would go into, is
    > already available in source and object form at no cost or for the
    > reasonable distribution cost (if you buy a CDROM).
    > 
    >

    Julian Elischer replied:
    >
    > the problem is not for freebsd, but ISPs and such who may be
    > tempted to use it to put on systems they place at custommer's
    > premises.
    >
    > Whistle has a license, but the GENERIC system as distributed
    > probably couldn't have it compiled in.
    >
    > I myself am not to clear on the terms..  maybe kirk (who is
    > CC'd) can give a non-binding "This is what I mean" interpretation
    > for us? It's to whistle's advantage to integrate these changes
    > back some time this year, but it's up to each commercial user
    > to negotiate with Kirk I guess.

My intent is that the typical FreeBSD user that gets source
be able to use my code. This should cover most of the FreeBSD
users. However, companies like Whistle that want to bundle
FreeBSD with a product for which they do not distribute source
code have to work out a license agreement with me. The goal
here is to get commercial companies like Whistle, BSDI, and
Sun to work out a licensing agreement with me while at the
same time allowing me to let the individual non-commercial
users use the code without having to license it. This licensing
is being driven by the fact that I am a self-employed person
who needs to generate a living. While I would love to give
all of my code away as I did for years at UC Berkeley, that
is no longer possible.

	Kirk McKusick