Date: Thu, 07 Oct 2010 00:38:47 -0300 From: Gonzalo Nemmi <gnemmi@gmail.com> To: freebsd-questions@freebsd.org Subject: Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core Message-ID: <4CAD40C7.5080908@gmail.com> In-Reply-To: <AANLkTikMoCn_JY9u%2B2QTFqcWY9N1s4zNwPw_owtEV%2BSD@mail.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> <AANLkTikMoCn_JY9u%2B2QTFqcWY9N1s4zNwPw_owtEV%2BSD@mail.gmail.com>
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El 06/10/2010 11:18 p.m., Rob Farmer escribió: > On Wed, Oct 6, 2010 at 14:46, Randal L. Schwartz<merlyn@stonehenge.com> wrote: >> I understand that entirely. Which is why it would be reasonable (and >> downright ethical) to ensure that every FreeBSD integrator be made well >> aware of this restriction. >> >> It hadn't occurred to *me* for example to think that FreeBSD might be >> restricted. And I hadn't seen any prominent disclaimers. Why rely on a >> very very buried notice? > > If your business model involves importing/exporting large collections > of material which you did not create, and further more do not outright > own, but are licensed to use under certain conditions, then you need > to have both a lawyer and an accountant review your setup for any > potential issues. There are entire college degrees in international As a lawyer, no matter how much I review your set up, itīs a _fact_ that a license place in a place like /usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c, that is to say, lost amongs a gazillion files: _will_ scape any review. Furthermore, you can count on legal advise about the thing you tell you lawyer to review, but if you ignore _what_ you want to get reviewed: you canīt count on anyone knowing it for you. > business and it is folly to think that all the ins and outs of a > particular scenario will be readily apparent. > > A competent review would turn up this license clause and would give > you advice on what to do about it. I don't think complaining that you > weren't aware of the license terms before exporting is valid. No ... and you are dead wrong about that .. a competent review will only answer the questions asked ... if you ignore the existence of such license and itīs terms, then thereīs no way you would ask for advice about it, and _that_ I think is the point Randal is trying to make. > Furthermore, this isn't really a license issue, but more of a issue of > federal law. If you are in the US, these laws regarding what may be > exported to where always apply, regardless of what the license says. > > Making the license more visible may be a good idea, but doesn't > materially change the situation any. It does by making it visible and thus telling potential exporters/re-exporters "watch out for this one. Ask your lawyer about itīs terms and conditions". Best Regards Gonzalo Nemmi
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