Precision : Squeak-L Art 6. Export Administration Regulation

Samir Saidani saidani at
Thu Feb 20 18:24:07 UTC 2003

Sorry I missed the thread !

Alan Kay <Alan.Kay at> writes:

> An important point to ponder is the difference between export and
> import and just what this means given the Internet....
> Cheers,
> Alan


this piece of text could answer to this point (ref: :

Part 734 -- Scope of the Export Administration Regulations
Scope of the Export Administration Regulations Part 734-page
Export Administration Regulations  June 6, 2002

(1) Definition of export. "Export" means an actual shipment or
transmission of items subject to the EAR out of the United
States, or release of technology or software subject to the EAR
to a foreign national in the United States, as described in
paragraph (b)(2)(ii) of this section. See para graph (b)(9) of
this section for the definition that applies to exports of
encryption source code and object code software subject to the

(2) Export of technology or software.  (See paragraph (b)(9) for
provisions that apply to en cryption source code and object code
software.)  "Export" of technology or software, excluding
encryption software subject to "EI" controls, includes:

           (i)  Any release of technology or software sub ject to
           the EAR in a foreign country; or

           (ii)  Any release of technology or source code subject to
           the EAR to a foreign national.  Such release is deemed to
           be an export to the home country or countries of the
           foreign national.  This deemed export rule does not apply
           to persons lawfully admitted for permanent residence in
           the United States and does not apply to persons who are
           protected individuals under the Immigration and
           Naturalization Act (8 U.S.C. 1324b(a)(3)).  Note that the
           release of any item to any party with knowledge a
           violation is about to occur is prohib ited by §736.2(b)
           (10) of the EAR.

> -----
> At 7:27 PM +0100 2/18/03, Samir Saidani wrote:
>>I check the apple site for recent software, like WebObjects or COCOA,
>>and so one : they follow the standard software distribution agreement
>>(see:, and it's worst...
>>Art. 11 :
>>Licensee may not export or reexport the Apple Software except as
>>authorized by United States law and the laws of the jurisdiction in
>>which the Apple Software License 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) Cuba, Iran,
>>Iraq, Libya, North Korea, Sudan, Syria or any other country to which
>>the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
>>Department's list of Specially Designated Nationals or the
>>U.S. Commerce Department's Table of Denial Orders. Licensee shall not
>>knowingly provide the Apple Software to a member located in, under
>>control of, or a national or resident of any such country or on any
>>such list.
>>Alan Kay <Alan.Kay at> writes:
>>>  I agree that should be changed. I think that current Apple SW does not
>>>  have that restriction? Doesn't Apple currently use BSD or some such as
>>>  its license policy?
>>>  Cheers,
>>>  Alan
> -- 

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