Date: Thu, 7 Oct 2010 16:46:31 -0500 (CDT) From: Robert Bonomi <bonomi@mail.r-bonomi.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: <201010072146.o97LkVi0023071@mail.r-bonomi.com>
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> Date: Thu, 7 Oct 2010 07:23:02 +0200 > From: Erik Trulsson <ertr1013@student.uu.se> > To: "Randal L. Schwartz" <merlyn@stonehenge.com> > Cc: RW <rwmaillists@googlemail.com>, freebsd-questions@freebsd.org > Subject: Re: Like it or not, Theo has a point... freebsd is shipping > export-restricted software in the core > > On Wed, Oct 06, 2010 at 04:08:35PM -0700, Randal L. Schwartz wrote: > > >>>>> "Erik" == Erik Trulsson <ertr1013@student.uu.se> writes: > > > > Do you have a different opinion, and is it a legal opinion? > > To me it looks much more like a case of some corporate standard > cover-your-ass boilerplate text that is used regardless of whether > there is reason to believe any particular piece of software needs any > special export approval. > That is an *exactly* correct reading of the text in question. What requires explicit permission from the U.S. government (or other national authority , for those in a different locale) *changes* over time. "Just because" it doesn't require a license _now_ doesn't mean that it will =never= need one. And simplarly, if it -does- need a license now it may _not_ need one at some (unknown) point in the future. *ALL* that language is doing is saying that the original licensor (INTEL) has _not_ made any determination as to what, *IF*ANY*, export controls may apply, now or at some unspeciied point in the future, to that code. AND that anyone who _does_ intend export said software has to (a) make that determination for themselves, and (b) _comply_ with such legal requirements themselves to be in compliance with the license from Intel. As a matter of _law_, those exact restrictions apply to *EVERY* piece of _every_ O/S -- OpenBSD, NetBSD, Open Solaris, Linux, FreeBSD, or 'whatever' -- that are accessed from a server that is located in the United States. It _doesn't_ matter where the code 'came from', you can import from anywhere, but certain things you _cannot_ 'export', even if you got it from 'somewhere outside the U.S.'-- a 'somewhere' that the person you're sending it to could go to themselves and get it. Intel is simply protecting _themselves_ against a =future= claim that _they_ (Intel) 'facilitated' the distrubution of 'export-controlled' software to the 'bad guys'. "When in doubt" you placard 'everything'. For stuf that you -give- away, there is nothing to be gained by spending the time/money to make the determinatin yourself -- It's not going to make you any additional profits if you do it, do "why bother?" applies.
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