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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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