Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-11 Thread Bruce Cran
On Friday 08 October 2010 01:12:55 Robert Bonomi wrote:

 he'll tell you: I need to review the copyright notices, licenses, and
 distribution restricions on _each_and_every_ item in that package.  Go
 check _every_ file you intend to include,  bring me a list showing
   1) every file name
   2) who holds the copyright to that file
   3) what form of license it is issued under, and for each form of license
   a complete copy of that license.
   4) any 'restricted use' notices you may find along the way
 
 Then _you_ actually perform the audit.

Which is why it's so important not to customize the license text when creating 
new files!

-- 
Bruce Cran
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Gonzalo Nemmi

El 07/10/2010 02:18 a.m., Rob Farmer escribió:

On Wed, Oct 6, 2010 at 20:38, Gonzalo Nemmigne...@gmail.com  wrote:


As a lawyer, no matter how much I review your set up, it´s a _fact_ that a
license place in a place like
/usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c, that is to say, lost
amongs a gazillion files: _will_ scape any review.

Furthermore, you can count on legal advise about the thing you tell you
lawyer to review, but if you ignore _what_ you want to get reviewed: you
can´t count on anyone knowing it for you.


I would assume that such a review would involve extracting all the
licenses in the source tree, eliminating the duplicates, and having
those reviewed. I'm saying I don't find the oh I missed that one
argument convincing, because if there is the possibility of missing a
license, then you aren't looking closely enough in the first place.


I would assume you already did that before walking into my office to ask 
me about the set of licenses up for a review ... otherwise, there´s no 
way to me to look close enough where I wasn´t asked to look ...


If you go tell your Dr. you have a simple cof and a runy nose, he won´t 
ask you to go trhough a colonoscopy or a brain tomography ... and, 
_please_, _by_all_means_ don´t count on him finding anything on your 
colon or in your brain in that case.




This license is not just in
src/sys/contrib/dev/acpica/hardware/hwsleep.c - it is in all the files
within the acpica contrib directory, plus the upstream vendor states
that it applies to the entire tarball on their website. You should
reasonably expect that each piece of software (ie directory) within
contrib may be under a different license and needs to be reviewed.


It´s not about what a lawyer or an accountant expects or doesn´t.

It´s about what _you_, who know your way around your business (only you 
know your code, the licenses it contains and where) a lot better than he 
(who actually only knows his way around his business), ask him to 
review. If you didn´t: don´t count on him jumping at you answering a 
question that was never asked in the first place, regardless of whether 
the license is on every acpica file or any file on the scheduler or on 
the bluetooth, usb or tcp/ip stack or anywhere else ...



Making the license more visible may be a good idea, but doesn't
materially change the situation any.


It does by making it visible and thus telling potential
exporters/re-exporters watch out for this one. Ask your lawyer about it´s
terms and conditions.


What I meant by doesn't materially change the situation any is that
everything exported from the US should be considered under export
restrictions unless proven otherwise. Jung-uk Kim says:

Historically FreeBSD never touched the license header.  However, I am
going to do it next time to avoid confusions.
( http://lists.freebsd.org/pipermail/freebsd-questions/2010-October/222451.html
)

I don't think this makes a bit of difference (it fact it would be
somewhat misleading) since the export restrictions are a valid law and
dropping clauses from the license doesn't change that - are you saying
I'm wrong here?


Im saying what I already said.

Best Regards
Gonzalo Nemmi
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Brandon Gooch
On Wed, Oct 6, 2010 at 10:11 PM, Randal L. Schwartz
mer...@stonehenge.com wrote:
[SNIP]

 Or a third alternative... use the ACPI implementation from OpenBSD,
 which doesn't have such a restriction.

Port it! I'll test it for you (on 9-CURRENT and, if possible, a
backport to 8-STABLE).

In your opinion, how long will it take, and how difficult will the process be?

-Brandon
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Rob Farmer
On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi gne...@gmail.com wrote:
 Im saying what I already said.

And yet, you haven't really addressed my core point.

Consider the following scenario:
I write a tutorial on how to use GCC (a program originally written in
the US by a US citizen and stills recieves significant contributions
from US citizens) to compile programs for targeting ICBM's. I burn my
tutorial plus a copy of GCC to a CD and ship it to Supreme Leader Kim
Jong-il's residence, then he sends me $50,000 cash in exchange.

The GPL has no problems whatsoever with this (it never addresses
exports, says there shall be no discrimination against certain fields
of endeavor, and the added services and support sidestep any sales
issues).

Yet, do you really think this would be a-ok with customs? There are
various laws that covered the situation, in addition to the license -
for example, there are restrictions on transporting more than $9,999
worth of paper currency across the US border in a single transaction
(even just to Canada).

My point is that the US export restrictions apply to the Intel ACPI
code, they apply to most of the GNU toolchain, they apply to work
Yahoo has paid people to do, etc. FreeBSD, like it or not, is largely
under the jurisdiction of US export law. You are saying that there
should be a disclaimer telling people to watch out for this one. Ask
your lawyer about it's terms and conditions. People shouldn't be
watching out for a particular license, but rather the broader
implications of distributing stuff internationally, which, due to
cold-war era laws, can involve a significant prison sentence if done
wrong. If you are interested in adding a disclaimer, consider the
following one from Red Hat's legal department, which covers the
*entire* distribution:

By clicking on and downloading Fedora, you agree to comply with the
following terms and conditions:

Fedora software and technical information is subject to the U.S.
Export Administration Regulations and other U.S. and foreign law, and
may not be exported or re-exported to certain countries (currently
Cuba, Iran, Iraq, North Korea, Sudan, and Syria) or to persons or
entities prohibited from receiving U.S. exports (including those (a)
on the Bureau of Industry and Security Denied Parties List or Entity
List, (b) on the Office of Foreign Assets Control list of Specially
Designated Nationals and Blocked Persons, and (c) involved with
missile technology or nuclear, chemical or biological weapons). You
may not download Fedora software or technical information if you are
located in one of these countries, or otherwise affected by these
restrictions. You may not provide Fedora software or technical
information to individuals or entities located in one of these
countries or otherwise affected by these restrictions. You are also
responsible for compliance with foreign law requirements applicable to
the import and use of Fedora software and technical information.

Perhaps there are loopholes (I export to Canada, then a Canadian
exports to somewhere else) but this doesn't change the situation for
people in the US, like the OP. You are talking about reviewing the
licenses, but exporting is also matter of criminal law. If I consulted
a lawyer about doing such an export, it is reasonable to expect that
they would bring this up, rather than just summarize license terms on
a one-off basis.

-- 
Rob Farmer
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Gonzalo Nemmi
On Thu, Oct 7, 2010 at 6:59 PM, Rob Farmer rfar...@predatorlabs.net wrote:
 On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi gne...@gmail.com wrote:
 Im saying what I already said.

 And yet, you haven't really addressed my core point.
 ...

 My point is  ...

If you have a point, then there´s no point in me addressing your point
.. unless you are asking me for legal advice ..
Should that be the case, just let me know; I charge by the hour .. no
pro bono.

 ...
 People shouldn't be
 watching out for a particular license, but rather the broader
 implications of distributing stuff internationally

Usually, the implications of distributing stuff internationally have a
really strict realation with what is exactly what you want to
export? ... which in this case, leads you straight into the reading
of the terms of the licenses of the software subject to international
distribution.

 ...

 By clicking on and downloading Fedora, you agree to comply with the
 following terms and conditions:

 Fedora software and technical information is subject to the U.S.
 ...

Plase, get in touch with Fedora´a legal advisors. They´ll be able to
ask every question and legal concern you may have about their
operation.

 ...
 If I consulted
 a lawyer about doing such an export, it is reasonable to expect that
 they would bring this up, rather than just summarize license terms on
 a one-off basis.


By all mean, feel free to get in touch with your lawyer and ask him
everything you would like to know.

Best Regards
Gonzalo Nemmi
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Adam Vande More
On Thu, Oct 7, 2010 at 12:19 PM, Gonzalo Nemmi gne...@gmail.com wrote:

 On Thu, Oct 7, 2010 at 6:59 PM, Rob Farmer rfar...@predatorlabs.net
 wrote:
  On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi gne...@gmail.com wrote:
  Im saying what I already said.
 
  And yet, you haven't really addressed my core point.
  ...
 
  My point is  ...

 If you have a point, then there´s no point in me addressing your point
 .. unless you are asking me for legal advice ..
 Should that be the case, just let me know; I charge by the hour .. no
 pro bono.


Funny how you say you have a point, but you can't validate it or even
articulate it when challenged.  Acting like you had a legal opinion on
something earlier, then playing those games makes you a troll.  Please drum
up business elsewhere.

-- 
Adam Vande More
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Gonzalo Nemmi
On Thu, Oct 7, 2010 at 7:29 PM, Adam Vande More amvandem...@gmail.com wrote:
 On Thu, Oct 7, 2010 at 12:19 PM, Gonzalo Nemmi gne...@gmail.com wrote:

 On Thu, Oct 7, 2010 at 6:59 PM, Rob Farmer rfar...@predatorlabs.net
 wrote:
  On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi gne...@gmail.com wrote:
  Im saying what I already said.
 
  And yet, you haven't really addressed my core point.
  ...
 
  My point is  ...

 If you have a point, then there´s no point in me addressing your point
 .. unless you are asking me for legal advice ..
 Should that be the case, just let me know; I charge by the hour .. no
 pro bono.

 Funny how you say you have a point, but you can't validate it or even
 articulate it when challenged.  Acting like you had a legal opinion on
 something earlier, then playing those games makes you a troll.  Please drum
 up business elsewhere.

Actually my point was that Randal was right about Theo´s point ..
whether I want or like to validate it according to your or Rob´s needs
is not my problem .. it´s yours. I don´t _have_to_ validate a thing
only because you want me too. I actually _meant_ not to validate them,
and did that on pourpose.
And BTW, I never drummed up any business .. I kept answering Rob´s
questions until I wanted to. If he/you want some more, go find them
some place else.
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Rob Farmer
On Thu, Oct 7, 2010 at 10:19, Gonzalo Nemmi gne...@gmail.com wrote:
 If you have a point, then there´s no point in me addressing your point
 .. unless you are asking me for legal advice ..
 Should that be the case, just let me know; I charge by the hour .. no
 pro bono.

Seeing as your messages says things like El 07/10/2010 and Rob
Farmer escribió and you seem unwilling to actually talk about US law,
I'm curious to know where you attended law school and what states you
are licensed to practice in, since you seem to be offering paid
professional services.

--
Rob Farmer
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Robert Bonomi

 Date: Thu, 7 Oct 2010 07:23:02 +0200
 From: Erik Trulsson ertr1...@student.uu.se
 To: Randal L. Schwartz mer...@stonehenge.com
 Cc: RW rwmailli...@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 ertr1...@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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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread CyberLeo Kitsana
On 10/07/2010 12:46 PM, Rob Farmer wrote:
 On Thu, Oct 7, 2010 at 10:19, Gonzalo Nemmi gne...@gmail.com wrote:
 If you have a point, then there´s no point in me addressing your point
 .. unless you are asking me for legal advice ..
 Should that be the case, just let me know; I charge by the hour .. no
 pro bono.
 
 Seeing as your messages says things like El 07/10/2010 and Rob
 Farmer escribió and you seem unwilling to actually talk about US law,
 I'm curious to know where you attended law school and what states you
 are licensed to practice in, since you seem to be offering paid
 professional services.

Argentina?

[0] http://ar.linkedin.com/pub/gonzalo-nemmi/21/22b/267

-- 
Fuzzy love,
-CyberLeo
Technical Administrator
CyberLeo.Net Webhosting
http://www.CyberLeo.Net
cyber...@cyberleo.net

Furry Peace! - http://.fur.com/peace/
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Robert Bonomi


 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.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Glen Barber
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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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Randal L. Schwartz
 Glen == Glen Barber glen.j.bar...@gmail.com writes:

Glen Can this thread go away now?

Only when the problem goes away.

Is there a comprehensive list of restrictive sublicenses, or pointers to
same, somewhere prominent at the top of the core distro?

Or maybe some tool that would dynamically discover same, like maybe a
convention that a license file is always called LICENSE or something?

*That* would be helpful.

-- 
Randal L. Schwartz - Stonehenge Consulting Services, Inc. - +1 503 777 0095
mer...@stonehenge.com URL:http://www.stonehenge.com/merlyn/
Smalltalk/Perl/Unix consulting, Technical writing, Comedy, etc. etc.
See http://methodsandmessages.posterous.com/ for Smalltalk discussion
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Danny Carroll
 On 7/10/2010 8:23 PM, Gonzalo Nemmi wrote:

 I would assume you already did that before walking into my office to
 ask me about the set of licenses up for a review ... otherwise,
 there´s no way to me to look close enough where I wasn´t asked to look
 ...
 If you go tell your Dr. you have a simple cof and a runy nose, he
 won´t ask you to go trhough a colonoscopy or a brain tomography ...
 and, _please_, _by_all_means_ don´t count on him finding anything on
 your colon or in your brain in that case.


True, but if you told your doctor to test that you did not have cancer
and he neglected to give you a colonoscopy, then he'd be, well, negligent.
But I am just being fecetious, I guess a lawyer may not have the
technical knowledge to know *where* to get each license that may be used.

-D
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Chad Perrin
On Thu, Oct 07, 2010 at 05:47:23PM -0500, Robert Bonomi wrote:
 
 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.

Anyone who stores software on GitHub, BitBucket, or SourceForge could
conceivably be accuse of being in the software export business -- but I
bet very few people who use those services ever think about that.  Of
course, practically speaking, the chances of ending up in US court simply
for putting some simple home-brewed CMS on BitBucket are probably pretty
slim, in my non-lawyer opinion.  Still . . . not having a moment where
one thinks about the possibility seems like a pretty clear indication
that it is rare for a non-lawyer to consider *all* the possible ways to
get in legal trouble for exporting software.

I do not really think that implying someone is stupid for failing to
consider all possibilities is productive, especially since if we all had
to get legal help every time we started a GitHub project, we would have
considerably fewer GitHub projects in the world.


 
 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.

They could also just ask Intel, I suppose.  There must be *someone* there
who has the job of answering questions like this.  I am pretty sure that
Intel's stable of lawyers isn't as big as IBM's, but it might be close to
the size of the US DOJ.  Even if Intel said Sure, go ahead, we don't
care, I'd still be inclined to seek further advice more concerned with
my own legal safety before removing any legal notices though -- aside
from the tags on my matresses and pillows (for instance).

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]


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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-07 Thread Robert Bonomi
 From owner-freebsd-questi...@freebsd.org  Thu Oct  7 18:28:10 2010
 Date: Fri, 08 Oct 2010 09:29:46 +1000
 From: Danny Carroll f...@dannysplace.net
 To: freebsd-questions@freebsd.org
 Subject: Re: Like it or not,
  Theo has a point... freebsd is shipping export-restricted
  software in the core

  On 7/10/2010 8:23 PM, Gonzalo Nemmi wrote:
 
  I would assume you already did that before walking into my office to
  ...
  If you go tell your Dr. you have a simple cof and a runy nose, he
  won´t ask you to go trhough a colonoscopy or a brain tomography ...
  and, _please_, _by_all_means_ don´t count on him finding anything on
  your colon or in your brain in that case.
 

 True, but if you told your doctor to test that you did not have cancer
 and he neglected to give you a colonoscopy, then he'd be, well, negligent.
 But I am just being fecetious, I guess a lawyer may not have the
 technical knowledge to know *where* to get each license that may be used.

The lawyer doesn't need to know where to get each license.  He, does know,
however, that he needs -all- of them,  -and- that they're not necessarily
all in 'obvious' places.

The conversation start with you asking your lawyer something along the lines
of:
   I'm considering exporting _this_ bundle of sofware,  what needs to be
checked?

he'll tell you: I need to review the copyright notices, licenses, and 
distribution restricions on _each_and_every_ item in that package.  Go
check _every_ file you intend to include,  bring me a list showing 
  1) every file name
  2) who holds the copyright to that file
  3) what form of license it is issued under, and for each form of license
  a complete copy of that license.
  4) any 'restricted use' notices you may find along the way

Then _you_ actually perform the audit.

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Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz

http://article.gmane.org/gmane.os.openbsd.misc/178267

And yes, there it is, in /usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c:

 * 4.3. Licensee shall not export, either directly or indirectly, any of this
 * software or system incorporating such software without first obtaining any
 * required license or other approval from the U. S. Department of Commerce or
 * any other agency or department of the United States Government.  In the
 * event Licensee exports any such software from the United States or
 * re-exports any such software from a foreign destination, Licensee shall
 * ensure that the distribution and export/re-export of the software is in
 * compliance with all laws, regulations, orders, or other restrictions of the
 * U.S. Export Administration Regulations. Licensee agrees that neither it nor
 * any of its subsidiaries will export/re-export any technical data, process,
 * software, or service, directly or indirectly, to any country for which the
 * United States government or any agency thereof requires an export license,
 * other governmental approval, or letter of assurance, without first obtaining
 * such license, approval or letter.

So, is such approval on file with the FreeBSD Foundation?

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread RW
On Wed, 06 Oct 2010 12:40:54 -0700
mer...@stonehenge.com (Randal L. Schwartz) wrote:

 
 http://article.gmane.org/gmane.os.openbsd.misc/178267
...
 So, is such approval on file with the FreeBSD Foundation?

 without first obtaining _any_ _required_ license or other
approval ...

It doesn't say approval is needed. It says that it's needed if it's
required by the appropriate agencies. In other words, it's needed if
it's needed.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 RW == RW  rwmailli...@googlemail.com writes:

RW It doesn't say approval is needed. It says that it's needed if it's
RW required by the appropriate agencies. In other words, it's needed if
RW it's needed.

But doesn't this then shift the burden to every exporter, knowing or
unknowing, willing or unwilling?

Seems like an onerous burden.  Is it well-documented?

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Jerry
On Wed, 06 Oct 2010 14:16:37 -0700
Randal L. Schwartz mer...@stonehenge.com articulated:

  RW == RW  rwmailli...@googlemail.com writes:
 
 RW It doesn't say approval is needed. It says that it's needed if
 RW it's required by the appropriate agencies. In other words, it's
 RW needed if it's needed.
 
 But doesn't this then shift the burden to every exporter, knowing or
 unknowing, willing or unwilling?
 
 Seems like an onerous burden.  Is it well-documented?

Are you familiar with the axiom:

Ignorantia juris non excusat or Ignorantia legis neminem excusat

Translated:

ignorance of the law does not excuse or ignorance of the law excuses
no one In other words, it is a legal principle holding that a person who
is unaware of a law may not escape liability for violating that law
merely because he or she was unaware of its content.

There are exception; however, they are rare.

-- 
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freebsd.u...@seibercom.net

Disclaimer: off-list followups get on-list replies or get ignored.
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 Jerry == Jerry  freebsd.u...@seibercom.net writes:

 But doesn't this then shift the burden to every exporter, knowing or
 unknowing, willing or unwilling?
 
 Seems like an onerous burden.  Is it well-documented?

Jerry Are you familiar with the axiom:

Jerry Ignorantia juris non excusat or Ignorantia legis neminem excusat

Jerry Translated:

Jerry ignorance of the law does not excuse or ignorance of the law excuses
Jerry no one In other words, it is a legal principle holding that a person who
Jerry is unaware of a law may not escape liability for violating that law
Jerry merely because he or she was unaware of its content.

Jerry There are exception; however, they are rare.

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.  And I hadn't seen any prominent disclaimers.  Why rely on a
very very buried notice?

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Erik Trulsson
On Wed, Oct 06, 2010 at 02:16:37PM -0700, Randal L. Schwartz wrote:
  RW == RW  rwmailli...@googlemail.com writes:
 
 RW It doesn't say approval is needed. It says that it's needed if it's
 RW required by the appropriate agencies. In other words, it's needed if
 RW it's needed.
 
 But doesn't this then shift the burden to every exporter, knowing or
 unknowing, willing or unwilling?

 
 Seems like an onerous burden.  Is it well-documented?

Since it essentially says that if you export it from the USA you will
have to follow whatever laws and regulations covers such exports, it
doesn't really add any burden since anybody doing such an export would
be legally required to do so anyway.

AFAICT the paragraph in question does not add any restrictions or
burdens, it just points out potentially existing ones.




-- 
Insert your favourite quote here.
Erik Trulsson
ertr1...@student.uu.se
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 Erik == Erik Trulsson ertr1...@student.uu.se writes:

Erik Since it essentially says that if you export it from the USA you will
Erik have to follow whatever laws and regulations covers such exports, it
Erik doesn't really add any burden since anybody doing such an export would
Erik be legally required to do so anyway.

Erik AFAICT the paragraph in question does not add any restrictions or
Erik burdens, it just points out potentially existing ones.

Yes, you always have to obey the law when you export.  But this clause
seems to imply that the associated software *knowingly* triggers the
export laws, probably in a bad way.

Do you have a different opinion, and is it a legal opinion?

Either this clause needs to be hoisted to the front page of the FreeBSD
distro proper (Some software contained within may be subject to...)
or it should be removed from this software entirely.

Burying it is irresponsible.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Gonzalo Nemmi

El 06/10/2010 08:08 p.m., Randal L. Schwartz escribió:

Erik == Erik Trulssonertr1...@student.uu.se  writes:


Erik  Since it essentially says that if you export it from the USA you will
Erik  have to follow whatever laws and regulations covers such exports, it
Erik  doesn't really add any burden since anybody doing such an export would
Erik  be legally required to do so anyway.

Erik  AFAICT the paragraph in question does not add any restrictions or
Erik  burdens, it just points out potentially existing ones.

Yes, you always have to obey the law when you export.  But this clause
seems to imply that the associated software *knowingly* triggers the
export laws, probably in a bad way.

Do you have a different opinion, and is it a legal opinion?

Either this clause needs to be hoisted to the front page of the FreeBSD
distro proper (Some software contained within may be subject to...)
or it should be removed from this software entirely.

Burying it is irresponsible.



+1

BTW: IAAL

Best Regards
Gonzalo Nemmi
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Rob Farmer
On Wed, Oct 6, 2010 at 14:46, Randal L. Schwartz mer...@stonehenge.com wrote:
 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.  And I hadn't seen any prominent disclaimers.  Why rely on a
 very very buried notice?

If your business model involves importing/exporting large collections
of material which you did not create, and further more do not outright
own, but are licensed to use under certain conditions, then you need
to have both a lawyer and an accountant review your setup for any
potential issues. There are entire college degrees in international
business and it is folly to think that all the ins and outs of a
particular scenario will be readily apparent.

A competent review would turn up this license clause and would give
you advice on what to do about it. I don't think complaining that you
weren't aware of the license terms before exporting is valid.
Furthermore, this isn't really a license issue, but more of a issue of
federal law. If you are in the US, these laws regarding what may be
exported to where always apply, regardless of what the license says.

Making the license more visible may be a good idea, but doesn't
materially change the situation any.

-- 
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 Rob == Rob Farmer rfar...@predatorlabs.net writes:

Rob Making the license more visible may be a good idea, but doesn't
Rob materially change the situation any.

I agree, it doesn't change it materially.

But for the casual integrator, making it very visible would help.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Michael Powell
Rob Farmer wrote:

 On Wed, Oct 6, 2010 at 14:46, Randal L. Schwartz mer...@stonehenge.com
 wrote:
 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.  And I hadn't seen any prominent disclaimers.  Why rely on a
 very very buried notice?
 
 If your business model involves importing/exporting large collections
 of material which you did not create, and further more do not outright
 own, but are licensed to use under certain conditions, then you need
 to have both a lawyer and an accountant review your setup for any
 potential issues. There are entire college degrees in international
 business and it is folly to think that all the ins and outs of a
 particular scenario will be readily apparent.
 
 A competent review would turn up this license clause and would give
 you advice on what to do about it. I don't think complaining that you
 weren't aware of the license terms before exporting is valid.
 Furthermore, this isn't really a license issue, but more of a issue of
 federal law. If you are in the US, these laws regarding what may be
 exported to where always apply, regardless of what the license says.
 
 Making the license more visible may be a good idea, but doesn't
 materially change the situation any.
 

Please forgive my somewhat ignorant idea(s) on this subject, as I am 
definitely not a lawyer. 

I was under the impression that the most onerous of these export rules and 
restrictions applied to crypto technology. If this is so, what I don't quite 
grasp is what do crypto export restrictions have to do with acpi? Is acpi a 
copyrighted, patented, or trademark otherwise owned by some entity? Quite 
possibly so as it is in contrib. I just have no idea who might own it. Or 
how it would fall afoul of crypto export restrictions.

Looking forward to enlightenment.  :-)

-Mike


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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Michael Powell
Michael Powell wrote:

[snip] export restrictions have to do with acpi? Is
 acpi a copyrighted, patented, or trademark otherwise owned by some entity?
 Quite possibly so as it is in contrib. I just have no idea who might own
 it. Or how it would fall afoul of crypto export restrictions.
 
 Looking forward to enlightenment.  :-)
 
Oh - I see now, it is owned by Intel.

-Mike



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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 Michael == Michael Powell nightre...@hotmail.com writes:

Michael I was under the impression that the most onerous of these
Michael export rules and restrictions applied to crypto technology. If
Michael this is so, what I don't quite grasp is what do crypto export
Michael restrictions have to do with acpi? Is acpi a copyrighted,
Michael patented, or trademark otherwise owned by some entity? Quite
Michael possibly so as it is in contrib. I just have no idea who might
Michael own it. Or how it would fall afoul of crypto export
Michael restrictions.

Exactly my point.  Either it's crypto, and the whole distro is tainted
and should be marked as such UP FRONT, or it's not, and the paragraph
should be removed, if possible.

Or a third alternative... use the ACPI implementation from OpenBSD,
which doesn't have such a restriction.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Jung-uk Kim
On Wednesday 06 October 2010 03:40 pm, Randal L. Schwartz wrote:
 http://article.gmane.org/gmane.os.openbsd.misc/178267

 And yes, there it is, in
 /usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c:

  * 4.3. Licensee shall not export, either directly or indirectly,
 any of this * software or system incorporating such software
 without first obtaining any * required license or other approval
 from the U. S. Department of Commerce or * any other agency or
 department of the United States Government.  In the * event
 Licensee exports any such software from the United States or *
 re-exports any such software from a foreign destination, Licensee
 shall * ensure that the distribution and export/re-export of the
 software is in * compliance with all laws, regulations, orders, or
 other restrictions of the * U.S. Export Administration Regulations.
 Licensee agrees that neither it nor * any of its subsidiaries will
 export/re-export any technical data, process, * software, or
 service, directly or indirectly, to any country for which the *
 United States government or any agency thereof requires an export
 license, * other governmental approval, or letter of assurance,
 without first obtaining * such license, approval or letter.

 So, is such approval on file with the FreeBSD Foundation?

Please stop the FUD.  ACPICA is actually triple-licensed, i.e., 
generic Intel software license, (three-clause) BSD-like license, and 
GPLv2.  For example, please see the same file on Linux:

http://fxr.watson.org/fxr/source/drivers/acpi/acpica/hwsleep.c?v=linux-2.6

When a new ACPICA release is merged to Linux tree, it is pre-processed 
with acpisrc (which is also included in ACPICA release tarball) and 
all C source files are converted to Linux style.  Actually this tool 
replaces the generic Intel license with the actual BSD/GPLv2 dual 
license header at the same time:

http://git.moblin.org/cgit.cgi/acpica/tree/source/tools/acpisrc

The following file contains source conversion table for Linux:

http://git.moblin.org/cgit.cgi/acpica/tree/source/tools/acpisrc/astable.c#n158

Historically FreeBSD never touched the license header.  However, I am 
going to do it next time to avoid confusions.

Jung-uk Kim
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Randal L. Schwartz
 Jung-uk == Jung-uk Kim j...@freebsd.org writes:

Jung-uk Please stop the FUD.  ACPICA is actually triple-licensed, i.e., 
Jung-uk generic Intel software license, (three-clause) BSD-like license, and 
Jung-uk GPLv2.

[...]

Jung-uk Historically FreeBSD never touched the license header.  However, I am 
Jung-uk going to do it next time to avoid confusions.

Then. Please. Do.

I would have never brought this up (nor would the OpenBSD list before
me) if the right license was here.

Geez.  What a wasted amount of effort.  If anything to be learned from
here, it's use the right boilerplate when you include something into the
distro.

Otherwise, smart people will react to license notices because yes
indeed, THESE MATTER.

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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Rob Farmer
On Wed, Oct 6, 2010 at 20:04, Michael Powell nightre...@hotmail.com wrote:
 I was under the impression that the most onerous of these export rules and
 restrictions applied to crypto technology. If this is so, what I don't quite
 grasp is what do crypto export restrictions have to do with acpi? Is acpi a
 copyrighted, patented, or trademark otherwise owned by some entity? Quite
 possibly so as it is in contrib. I just have no idea who might own it. Or
 how it would fall afoul of crypto export restrictions.

 Looking forward to enlightenment.  :-)

I'm not a lawyer either, so take all this with a grain of salt.

Basically, there are two reasons the US will block an export, which
you can read about at:
http://www.bis.doc.gov/licensing/exportingbasics.htm

1) The export is considered dangerous for one reason or another, and
needs to be licensed so the government can keep track of who is
getting it and why they want it. Examples include military equipment,
nuclear equipment, controlled substances, firearms, etc. Crypto is
defined as a munition and is restricted for this reason. There are a
lot of opinions about whether this is right, but it has held up in
court.

2) The destination is designated as supporting terrorist activities
or is embargoed for political reasons (socialist/totalitarian
government - Cuba, Iran, North Korea, Sudan, and Syria). Most of the
people in these countries don't have access to a computer and the
rights to install whatever they want on it, so this is targeted at
government officials.

As such, you are correct that for the vast majority of cases, the ACPI
code shouldn't have problems or need a license. The biggest legal risk
I can see is if ftp.freebsd.org and such allow people in the embargoed
countries to download code - I've seen a brief reference saying
Sourceforge was forced to IP ban these.

-- 
Rob Farmer
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Gonzalo Nemmi

El 06/10/2010 11:18 p.m., Rob Farmer escribió:

On Wed, Oct 6, 2010 at 14:46, Randal L. Schwartzmer...@stonehenge.com  wrote:

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.  And I hadn't seen any prominent disclaimers.  Why rely on a
very very buried notice?


If your business model involves importing/exporting large collections
of material which you did not create, and further more do not outright
own, but are licensed to use under certain conditions, then you need
to have both a lawyer and an accountant review your setup for any
potential issues.  There are entire college degrees in international


As a lawyer, no matter how much I review your set up, it´s a _fact_ that 
a license place in a place like 
/usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c, that is to say, lost 
amongs a gazillion files: _will_ scape any review.


Furthermore, you can count on legal advise about the thing you tell you 
lawyer to review, but if you ignore _what_ you want to get reviewed: you 
can´t count on anyone knowing it for you.



business and it is folly to think that all the ins and outs of a
particular scenario will be readily apparent.

A competent review would turn up this license clause and would give
you advice on what to do about it. I don't think complaining that you
weren't aware of the license terms before exporting is valid.


No ... and you are dead wrong about that .. a competent review will only 
answer the questions asked ... if you ignore the existence of such 
license and it´s terms, then there´s no way you would ask for advice 
about it, and _that_ I think is the point Randal is trying to make.



Furthermore, this isn't really a license issue, but more of a issue of
federal law. If you are in the US, these laws regarding what may be
exported to where always apply, regardless of what the license says.

Making the license more visible may be a good idea, but doesn't
materially change the situation any.


It does by making it visible and thus telling potential 
exporters/re-exporters watch out for this one. Ask your lawyer about 
it´s terms and conditions.


Best Regards
Gonzalo Nemmi
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Gonzalo Nemmi

El 07/10/2010 12:11 a.m., Randal L. Schwartz escribió:

Michael == Michael Powellnightre...@hotmail.com  writes:


Michael  I was under the impression that the most onerous of these
Michael  export rules and restrictions applied to crypto technology. If
Michael  this is so, what I don't quite grasp is what do crypto export
Michael  restrictions have to do with acpi? Is acpi a copyrighted,
Michael  patented, or trademark otherwise owned by some entity? Quite
Michael  possibly so as it is in contrib. I just have no idea who might
Michael  own it. Or how it would fall afoul of crypto export
Michael  restrictions.

Exactly my point.  Either it's crypto, and the whole distro is tainted
and should be marked as such UP FRONT, or it's not, and the paragraph
should be removed, if possible.

Or a third alternative... use the ACPI implementation from OpenBSD,
which doesn't have such a restriction.



You just read my mind ... I was about to point out the same thing .. 
which I think was what inspired Theo to title his mail FreeBSD isn't 
Free ... I took it as he was making fun about the fact that they have 
their own acpi implementation whereas, by following acpica, FreeBSD 
turned out being subject to intel´s acpica copyright notice and terms.


Boiling it down, Theo´s mail was nothing but a MDIBTY ... and 
furthermore: we are not tiered by legal restrictions ... and just as 
you said: Like it or not, Theo has a point... although from where I´m 
standing, he has two ...


Best Regards
Gonzalo Nemmi
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Rob Farmer
On Wed, Oct 6, 2010 at 20:38, Gonzalo Nemmi gne...@gmail.com wrote:

 As a lawyer, no matter how much I review your set up, it´s a _fact_ that a
 license place in a place like
 /usr/src/sys/contrib/dev/acpica/hardware/hwsleep.c, that is to say, lost
 amongs a gazillion files: _will_ scape any review.

 Furthermore, you can count on legal advise about the thing you tell you
 lawyer to review, but if you ignore _what_ you want to get reviewed: you
 can´t count on anyone knowing it for you.

I would assume that such a review would involve extracting all the
licenses in the source tree, eliminating the duplicates, and having
those reviewed. I'm saying I don't find the oh I missed that one
argument convincing, because if there is the possibility of missing a
license, then you aren't looking closely enough in the first place.

This license is not just in
src/sys/contrib/dev/acpica/hardware/hwsleep.c - it is in all the files
within the acpica contrib directory, plus the upstream vendor states
that it applies to the entire tarball on their website. You should
reasonably expect that each piece of software (ie directory) within
contrib may be under a different license and needs to be reviewed.

 Making the license more visible may be a good idea, but doesn't
 materially change the situation any.

 It does by making it visible and thus telling potential
 exporters/re-exporters watch out for this one. Ask your lawyer about it´s
 terms and conditions.

What I meant by doesn't materially change the situation any is that
everything exported from the US should be considered under export
restrictions unless proven otherwise. Jung-uk Kim says:

Historically FreeBSD never touched the license header.  However, I am
going to do it next time to avoid confusions.
( http://lists.freebsd.org/pipermail/freebsd-questions/2010-October/222451.html
)

I don't think this makes a bit of difference (it fact it would be
somewhat misleading) since the export restrictions are a valid law and
dropping clauses from the license doesn't change that - are you saying
I'm wrong here?

-- 
Rob Farmer
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Re: Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

2010-10-06 Thread Erik Trulsson
On Wed, Oct 06, 2010 at 04:08:35PM -0700, Randal L. Schwartz wrote:
  Erik == Erik Trulsson ertr1...@student.uu.se writes:
 
 Erik Since it essentially says that if you export it from the USA you will
 Erik have to follow whatever laws and regulations covers such exports, it
 Erik doesn't really add any burden since anybody doing such an export would
 Erik be legally required to do so anyway.
 
 Erik AFAICT the paragraph in question does not add any restrictions or
 Erik burdens, it just points out potentially existing ones.
 
 Yes, you always have to obey the law when you export.  But this clause
 seems to imply that the associated software *knowingly* triggers the
 export laws, probably in a bad way.
 
 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.



-- 
Insert your favourite quote here.
Erik Trulsson
ertr1...@student.uu.se
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