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Date:      Fri, 10 Sep 1999 00:23:19 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        advocacy@freebsd.org
Subject:   A FreeBSD NDA Project proposal
Message-ID:  <199909100023.RAA22211@usr06.primenet.com>

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You may have already seen my posting about Checkpoint's software,
and their apparent willingness to allow people to port code under
a non-disclosure agreement -- despite my failure to set a good
subject line on it 8-(.


In a more general sense, it occurs to me that it would be useful
to have a pool of coders willing to work on such projects on behalf
of FreeBSD.

FreeBSD has a big edge on Linux, in that binary-only software is
OK in our community.


The intent of this message is to start a dialogue.  I'd like to
see the following things come out of it:

1)	Establish a willingness on the part of some legal
	entity, perhaps FreeBSD, Inc., to engage in entering
	into non-disclosure agreements with companies, on
	behalf of FreeBSD.

	Note: these agreements could be made with the up front
	understanding that non-disclosure of source embodying
	proprietary information of their hardware is binding
	only until other disclosure has occurred (e.g., if Linux
	publishes a driver, then FreeBSD could publish a driver,
	so long as the comments did not document proprietary
	information).  A lawyer would need to write this up.

2)	Establish a pool of volunteers (e.g. normal FreeBSD
	developers and the like) who have entered into similar
	agreements with the legal entity from #1, so that they
	can "hit the ground running" when NDA-ed projects that
	would benefit FreeBSD come up.

3)	Provisions in FreeBSD distributions for building kernels
	containing binary-only components from third parties,
	most specifically device drivers and other kernel
	components of various ilk (e.g. "VXFS" from Veritas, Inc.).

4)	Designation of a "manager/advocate" role and a person or
	persons to fill it, perhaps Jordan Hubbard, whose job it
	is to seek out opportunities for porting of commercial
	applications, device drivers, and other such software as
	would be beneficial to the FreeBSD project to have ported,
	and to enter into the necessary agreements to expedite the
	volunteer porters efforts.

5)	Where possible, agreements should be ongoing, in particular
	for device driver ports, so that the devices continue to
	operate on subsequent releases of FreeBSD.

	Note: This means that it will likely be necessary to
	restrict the scope of these projects to -RELEASE only, not
	-CURRENT, although this may not be the case for individual
	products.

6)	The ability for the FreeBSD project to be able to leverage
	coders who, while not the calibre of John Dyson, et al.,
	would nevertheless contribute what they could to the
	FreeBSD project, if an opportunity to do so existed.

The initial targets for these developers would be companies like
Checkpoint, which allow third party porting of their code, under
NDA, and without fee, and hardware vendors for which information
necessary to write drivers is not available, except under NDA, but
without fee.  If the fees are nominal, then the "no fee" requirement
may be waived, if funding presents itself.

I'm interested in opinions and suggested improvements to this
proposal; I know that free software fanatics may not take kindly
to the idea of accepting non-free software for distribution; if
you feel this way, you are, of course, free to not volunteer.  8-).


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.


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