In international law, signing such a contract, as Anaconda Eula is called
"self binding". Those ideas in law go back to John Locke, Francis Bacon,
Thomas Hobbes.

British and American law differ between binding contracts and common law.
But in those countries, signing such a contract binds you to their legal
system. Something, what over a long period was disputed about in the
European Union and that finally led to Brexit.

http://www.contractsandagreements.co.uk/legally-binding-contracts.html

Means: Sign that and you're going to Guantanamo, if you sent a copy of
Anaconda Python Packages to Iran. You get an international warrant. See
Assange, Australian. See Meng Wanzhou, Chinese.

But all US export control laws can be overridden by the US president, by US
trade department, US Department of Justice, any time they want.

https://www.eff.org/cases/bernstein-v-us-dept-justice

Means, you can never know, if something is legal under US (and British) law
when using US "legally owned" (e.g. by Apache Foundation, Linux Foundation,
LLVM foundation) Open Source software ... or not, even if it's under a
"free license". And even if you haven't signed the Anaconda EULA. Just by
using free packages (e.g. with Python pip installer) that are listed in
Anaconda, gets you into conflict with US DoJ.

But too many programmers proudly handed over their software to famous US
foundations without knowing, that - from now on - their code falls under US
law, US export restictions.

Again i only can repeat: "Keep away from US Software Stacks!"

Best regards, Guido Stepken

Am Mittwoch, 6. Mai 2020 schrieb <andr...@itship.ch>:
> Hi Guido
>
> Anaconda is a well known, free Software Installer for Python and R
packages, mostly used under Windows, right?
>
> And you think, that "free software" packages cannot be restricted by US
ministry of trade or U.S. president, such as happened in Huawei Google
case, right? Plain wrong:
>
> Quote from: https://docs.anaconda.com/anaconda-repository/2.23/admin/eula/
>
> Are you sure you are not just mixing up "Enterprise Edition" and the FOSS
variant ("Individual Edition") ?
> To me it looks like the FOSS Anaconda is BSD-licensed, which comes
without any additional EULA or other strings attached.
> The EULA you link to belongs obviously to the proprietary product (the
classic "open-core" software business model).
>
> Additionally I like to add that throwing picolisp database together with
"distributed databases like datomic" into the same category is misleading,
this is hardly the same bucket. PicoLisp database can certainly be used to
build distributed systems, including a datomic-like DBMS, but picolisp
database is certainly not a "plug & play" distributed database system in
the current mainstream sense. There distributed DBMS essentially means
individual servers are abstracted away for the programmer, be it 3 or 3000
servers doesn't make a difference for the programmer using the DBMS - of
course this abstracting on top of networking (which is unreliable) comes
with constraints (e.g. usually no ACID) and a ton of potential issues (some
better, some often not so much mitigated by common distributed DBMS
software). This doesn't apply to PicoLisp database, which offers strict
ACID transactions and gives strong consistency guarantees even when
"distributed" (following C+P of CAP, while "datomic" follows A+P). PicoLisp
database allows to easily deploy read-replicas and remote databases can be
easily integrated into an single instance (including into the indexing
system), but it doesn't give you multi master mechanics out of the box
without basically re-implementing datomic or a similar architecture on top
of it.
>
> Your understanding of both distributed databases and PicoLisp (including
the non-DB areas) seem rather superficial to me.
>
> And it does not fall under US restrictions, since PicoLisp is <MADE IN
GERMANY> and does not contain any US libraries, that might fall under those
US export laws.
>
> What makes you think that Germany will not introduce similar laws sooner
or later?
>
> Germany already has the "Hacker-paragraph" which arguably criminalizes
distribution of the 'ping' network tool. Germany's "hate-speech" law was
copied by a number of repressive states, a perfect template. And currently
politicians debate about forcing websites to hand over password hashes to
the government. Granted these laws are probably not widely applied in
practice - but worse - this way they degenerate into tools of
arbitrariness, which stands in direct opposition to democratic rule of law.
>
> It's not so easy,
> - beneroth
>
> On 05.05.20 21:40, Guido Stepken wrote:
>
> Interesting question, isn't it? Let's have a look into my findings!
>
> Anaconda is a well known, free Software Installer for Python and R
packages, mostly used under Windows, right?
>
> And you think, that "free software" packages cannot be restricted by US
ministry of trade or U.S. president, such as happened in Huawei Google
case, right? Plain wrong:
>
> Quote from: https://docs.anaconda.com/anaconda-repository/2.23/admin/eula/
>
> [quote]
> Export regulations
>
> Any use or distribution of the Software Product is made under conditions
that the user and/or distributor is in full compliance with all export and
other governing laws of the United States of America, including full and
ongoing compliance with the Export Administration Regulations (EAR) of the
United States Department of Commerce. See www.commerce.gov/ and
http://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear.
Use or distribution of Continuum software products to any persons, entities
or countries currently under US sanctions is strictly prohibited. Continuum
has self-assessed that Anaconda Repository requires no license to for
export to non-embargoed countries
>
> The United States currently has embargoes against several countries. The
exportation, re-exportation, sale or supply, directly or indirectly, from
the United States, or by a U.S. person wherever located, of any Continuum
software to any of these countries is strictly prohibited without prior
authorization by the United States Government. By accepting this Agreement,
you represent to Continuum that you will comply with all applicable export
regulations for Anaconda.
> [/quote]
>
> Means: Export Anaconda or packages from Anaconda to Iran and you're going
to Guantanamo!
>
> And i repeat: *****Stop using US Software Stacks!*****
>
> Picoslip has everything, yor IT could ever need! Integrated Distributed
Database, Prolog like reasoning about stored data and even contains a Graph
Database, though it's mentioned nowhere.
>
> But there is no real need to mention that, since Lisp in itself ("Code is
data, data is code") not only has a "syntax tree" (kind of graph), but, in
fact, you can model any graph you like with Lisp's (cons) constructs.
>
> And it does not fall under US restrictions, since PicoLisp is <MADE IN
GERMANY> and does not contain any US libraries, that might fall under those
US export laws.
>
> Have fun!
>

Reply via email to