Kee, assuming I promise not to have our legions of defense attorney
subpoena you to come to court to testify as an expert witness after
we have carefully coached you under hot lights without sleep, food or
water for three days... (smile).
Can you help clarify:
On Apr 08, 2006, at 5:11 PM, kee nethery wrote:
In my humble opinion, the US state department embargo list applies
to software produced in the USA. If you are in the USA, it makes no
difference what kind of software you have, you cannot do business
with anyone in those embargoed countries period end of discussion.
What is the definition of "Software" ? is an MS Word letter to your
mother -- a document --"software' because it is a binary object and
not a piece of paper? or is this simply a "file" -- the "product" of
software, the latter being Microsoft Word.
i.e. where does a binary object in a computer cross the line from
"file" to "software" if every "file" were bound by such contraints,
Adobe would have to issue an EULA to be accepted before anyone could
open even a single PDF!
In our immediate context: Is an executable stack "standalone" which,
for example, let's you catalog tropical fruit trees and their
characteristics... is that the "product" of software or just a
generic file? or is it software if you created that standalone in
the US.
You could have your software sitting on a server and it might get
downloaded by someone in one of those countries, and in general,
unless you are posting generalized encryption software it does not
matter who downloads it.
So if you offer a standalone executable that children can use to
color in mice or penguins i.e. something innocuous and free, and but
your required pre-registration page drop down list of countries
includes "North Korea" after which they go to a downloads page...
does this constitute "delivery?"
those of you who did go to out new Digital Edition of Hinduism Today
will understand where I am coming from... I'm trying to determine if
we really need that clause in the EULA or not.
The goal: reduce "engineering for police action" to a bare minimum:
DRM, blacklisting users, country watch lists, blocking pirating of
your stuff, etc. if you try to factor all this into a web app or some
digital product it adds a lot overhead that doesn't get you much.
Time wasted that could be used for actual content production and
delivery.
Not just for this particular product, but as a general policy for
future digital offerings, we've got the copy right and DRM thing
pretty in hand, but I would like to understand this embargo thing in
more "minute" detail.
Sivakatirswami
But you cannot sell it to them nor deliver it to them.
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