On 17/06/08 00:32, Jonathan Gray wrote: > I was just adding a package [1] to CKAN and was looking through its > Terms and Conditions to check its assertion that it is an 'open database'. > > I discovered a section on 'Jurisdictional Issues', which reads as follows: > > "The BIOCYC DATABASES are controlled by SRI from its offices within the > State of California. SRI and its Licensors make no representation that > the BIOCYC DATABASES are appropriate or available for use in other > locations. Those who choose to access the BIOCYC DATABASES from other > locations do so at their own initiative and are responsible for > compliance with local laws, if and to the extent local laws are > applicable. The BIOCYC DATABASES are further subject to United States > export controls. The BIOCYC DATABASES may not be installed, downloaded > or otherwise exported or reexported (i) into (or to a national or > resident of) any country as to which the U.S. has embargoed goods; or > (ii) to anyone on the U.S. Treasury Department's list of Specialty > Designated Nationals or the U.S. Commerce Department's Table of Deny > Orders. By installing, downloading or using the BIOCYC DATABASES, you > represent and warrant that you are not located in, under the control of, > or a national or resident of any such country on any such list." [2] > > This doesn't seem compatible with point 7 of the OKD, "No Discrimination > Against Persons or Groups". > > Any thoughts?
I think you are right that this violates item 7. I also think this issue has (frequently?) come up in the F/OSS world, especially in relation to cryptography stuff (which I think was considered of potential military relevance by US govt) where they have also taken the same line (it is not open). I'd welcome others comments/knowledge here. ~rufus _______________________________________________ okfn-discuss mailing list [email protected] http://lists.okfn.org/cgi-bin/mailman/listinfo/okfn-discuss
