[License]: need expert

Alan Kay Alan.Kay at squeakland.org
Wed Feb 6 15:05:50 UTC 2002


Everyone is an amateur lawyer ....

Remember the law as it is generally set up now is in terms of words 
to be argued about. There is very little actual logic anywhere (pace 
Andrew!).

It is a really interesting question then, as to what "export" 
actually means in terms of the Internet. We are certainly not sending 
the Squeak software anywhere overseas to any such country. Someone 
has to get on our server and ask for it. And then we don't send it to 
them, it is some other server somewhere in the store and forward 
chain that breaks the law!

This stuff is about the same level of sillyness as the US 
restrictions on how much physical cash one can bring into the US 
(>$10K raises alarms in customs), but there are no such restrictions 
on electronic funds transfer.

It might be a good idea to restrict SW to certain countries, but this 
is quite unenforcable with the Internet in its current state. I 
forget what the current theory in the US is about having laws that 
are clearly unenforcable .....

Cheers,

Alan

-----



At 2:41 PM +0100 2/7/02, Marcus Denker wrote:
>On Thu, Feb 07, 2002 at 02:20:40PM +0100, Stephane Ducasse wrote:
>>  Can somebody tell me more about that and if nobody contacted these
>>  organization, is there a real issues why nobody contacted them or this is
>>  just because it just did not happen?
>>
>
>I'm no expert, but IMHO Squeak IS NOT Open Source:
>
>http://opensource.org/docs/definition.html
>
>
>| 5. No Discrimination Against Persons or Groups
>|
>|The license must not discriminate against any person or group of persons.
>|
>|....
>|
>|Some countries, including the United States, have export restrictions for
>|certain types of software. An OSD-conformant license may warn licensees of
>|applicable restrictions and remind them that they are obliged to obey the
>|law; however, it may not incorporate such restrictions itself.
>|
>
>but http://squeak.org/download/license.html
>
>|6. Export Law Assurances. You may not use or otherwise export or reexport
>|the Apple Software except as authorized by United States law and the laws of
>|the jurisdiction in which the Apple Software was obtained. In particular,
>|but without limitation, the Apple Software may not be exported or reexported
>|(i) into (or to a national or resident of) any U.S. embargoed country or
>|(ii) to anyone on the U.S. Treasury Department's list of Specially
>|Designated Nationals or the U.S. Department of Commerce's Table of Denial
>|Orders. By using the Apple Software, you represent and warrant that you are
>|not located in, under control of, or a national or resident of any such
>|country or on any such list.
>|
>
>--
>Marcus Denker marcus at ira.uka.de  -- Squeak! http://squeakland.org


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