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Date:      Mon, 27 Sep 1999 11:41:00 -0700 (PDT)
From:      "Rodney W. Grimes" <freebsd@gndrsh.dnsmgr.net>
To:        cjclark@home.com
Cc:        Cy.Schubert@uumail.gov.bc.ca (Cy Schubert - ITSD Open Systems Group), dillon@apollo.backplane.com (Matthew Dillon), freebsd-security@FreeBSD.ORG
Subject:   Re: dump(8) Insecurity/Misconfiguration
Message-ID:  <199909271841.LAA12907@gndrsh.dnsmgr.net>
In-Reply-To: <199909271615.MAA92288@cc942873-a.ewndsr1.nj.home.com> from "Crist J. Clark" at "Sep 27, 1999 12:15:30 pm"

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...
> "Companies are permitted to use this program as long as it is not used for
> revenue-generating purposes. For example, an Internet service provider is
> allowed to install this program on their systems and permit clients to use
> SSH to connect; however, actively distributing SSH to clients for the
> purpose of providing added value requires separate licensing.  Similarly,
> a consultant may freely install this software on a client's machine for
> his own use, but if he/she sells the client a system that uses SSH as a
> component, a separate license is required."
> 
> I'm no lawyer, but it seems like using SSH for helping with dumps
> would fall well within this license since backing up files does not
> really generate much revenue for us.

I'm not a lawyer either, but I'll play the advocate here and show
you why you are at risk.  First, you used the word ``much'' in the
above sentence.  _Any_ is _some_ and is _not_ none, henceforth you
voilate ``not used for ...''.  Second, since backups are a critical
piece of keeping your business operating, and your business, hopefully
at least, generates revenue you would be in vilation of ``revenue-generating
purposes'', though it would be indirectly.

> Is there something in the licese I've missed? You all have me nervous
> now.

A lot of people will say I have overstated the intent of the licence,
I'll simply say that I am applying Blacks Legal dictionary to extract
what _I_ see as the letter of the agreement.

In real law intent is more important than letter, but I would ask this
licensor for a written yes/no on what you are doing to protect yourself.

You may also find that the license fee is quite low for what you want to do.

-- 
Rod Grimes - KD7CAX - (RWG25)                    rgrimes@gndrsh.dnsmgr.net


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