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Date:      Thu, 16 Sep 2010 14:03:22 -0700
From:      Chuck Swiger <cswiger@mac.com>
To:        Dmitry Marakasov <amdmi3@amdmi3.ru>
Cc:        freebsd-ports Ports <freebsd-ports@freebsd.org>
Subject:   Re: [legal] port with restrictive license
Message-ID:  <2B8C6C10-79F1-4825-9AA8-F899A46B57C6@mac.com>
In-Reply-To: <20100916184437.GD48415@hades.panopticon>
References:  <20100911230652.GA1860@hades.panopticon> <slrni94f57.1rou.saper@saper.info> <20100916184437.GD48415@hades.panopticon>

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Hi--

On Sep 16, 2010, at 11:44 AM, Dmitry Marakasov wrote:
> The only thing left that worries me is that US export laws stuff - I
> absolutely don't understand what that means and how we can/cannot
> violate these by mirroring distfiles/packages. For now I've removed =
all
> mirroring permissions from LICENSE_PERMS for EULA, so this should be
> safe. However, I'd really like that stuff explained by someone so
> mirroring could maybe be reenabled.
>=20
> Is I understand, to comply with license, we need to prohibit
> distribution of software into "(or to a national or resident of)
> any country to which the United States has embargoed goods", which
> we likely won't do thus we should not mirror the files.

It generally isn't useful to include specific legal geographical =
restrictions into the terms of a license which is used world-wide.  US =
citizens/residents already are obligated to obey US law, just as people =
elsewhere are obligated to follow their own local laws; a software =
license doesn't need to mention them any more than it needs to include =
the Magnuson-Moss  Warranty Act or the US FTC's policies and statutes on =
"unfair or deceptive acts or practices".

Both the OSI and the FSF/GNU folks recommend against including =
references to US ITAR export restrictions or similar in licenses.  =
However, if you want more info, then the US export regulations described =
as ITAR are documented here:

  http://www.pmddtc.state.gov/regulations_laws/itar_consolidated.html

...but they explicitly do not apply to material which legitimately is in =
the public domain:

"The controls of this part apply to the export of technical data and the =
export of classified defense articles.  Information which is in the =
public domain (see =A7120.11 of this subchapter and =A7125.4(b)(13)) is =
not subject to the controls of this subchapter."

FTP or webservers located in the US which are hosting open-source =
software generally do not check whether source IPs come from an =
embargoed country.  On the other hand, Dan Bernstein and Phil =
Zimmerman/PGP folks ended up fighting protracted legal battles over the =
issue of publishing cryptographic software....

Regards,
--=20
-Chuck

Disclaimer: I'm not a lawyer, nor will I play one on FreeBSD mailing =
lists.  :-)




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