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Date:      Thu, 07 Oct 2010 18:58:14 -0400
From:      Glen Barber <glen.j.barber@gmail.com>
To:        Robert Bonomi <bonomi@mail.r-bonomi.com>
Cc:        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:  <4CAE5086.6040805@gmail.com>
In-Reply-To: <201010072247.o97MlNUC023450@mail.r-bonomi.com>
References:  <201010072247.o97MlNUC023450@mail.r-bonomi.com>

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On 10/7/10 6:47 PM, Robert Bonomi wrote:
>> To: FreeBSD <freebsd-questions@freebsd.org>
>> Date: Wed, 06 Oct 2010 14:46:34 -0700
>> Subject: Re: Like it or not,
>> 	Theo has a point... freebsd is shipping export-restricted software
>> 	in the core
>>
>>
>> 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. 
> 
> We are not responsible for _your_ lack of understanding OF THE LAW.
> 
> But then, you've been there before on that, and learned the 'hard way'
> didn't you.
> 
> Pure and simple, _if_ there is software involved, there *MAY* be export-
> control issues.
> 
> *ANYONE* in the business of exporting software _should_ be aware of that
> fact, and as a matter of basic 'due diligence' know about _their_ national
> laws on the matter, and how/where to find out what kinds of software are
> restricted, and on what basis.
> 
> It is worth noting that since the original software author (Intel) put the
> "it is possible an export license may be required under some circumstances"
> notice on their software that anyone who takes said notice -off- had better
> have (1) a -solid- professionally-rendered legal opinion that no such license
> is required under _any_ circumstances, and (2) massive liability insuance
> in case they are wrong.
> 
> The party that removes the warning notice of a possible risk *IS* liable
> to the party who 'relies' on such removal as evidence that no license is
> needed.
> 
> If a cautionary notice was _never_ present, that is one thing, and one cannot
> draw conclusions from the omission.
> 
> If a notice _was_ present, and "someone" removes it, that 'affirmtive acton'
> is a _very_ different thing.
> 

Can this thread go away now?

-- 
Glen Barber



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