Like it or not, Theo has a point... freebsd is shipping export-restricted software in the core

[Rob Farmer]

On Thu, Oct 7, 2010 at 03:23, Gonzalo Nemmi <gnemmi at gmail.com> wrote:
> Im saying what I already said.

And yet, you haven't really addressed my core point.

Consider the following scenario:
I write a tutorial on how to use GCC (a program originally written in
the US by a US citizen and stills recieves significant contributions
from US citizens) to compile programs for targeting ICBM's. I burn my
tutorial plus a copy of GCC to a CD and ship it to Supreme Leader Kim
Jong-il's residence, then he sends me $50,000 cash in exchange.

The GPL has no problems whatsoever with this (it never addresses
exports, says there shall be no discrimination against certain fields
of endeavor, and the added "services and support" sidestep any sales
issues).

Yet, do you really think this would be a-ok with customs? There are
various laws that covered the situation, in addition to the license -
for example, there are restrictions on transporting more than $9,999
worth of paper currency across the US border in a single transaction
(even just to Canada).

My point is that the US export restrictions apply to the Intel ACPI
code, they apply to most of the GNU toolchain, they apply to work
Yahoo has paid people to do, etc. FreeBSD, like it or not, is largely
under the jurisdiction of US export law. You are saying that there
should be a disclaimer telling people to "watch out for this one. Ask
your lawyer about it's terms and conditions." People shouldn't be
watching out for a particular license, but rather the broader
implications of distributing stuff internationally, which, due to
cold-war era laws, can involve a significant prison sentence if done
wrong. If you are interested in adding a disclaimer, consider the
following one from Red Hat's legal department, which covers the
*entire* distribution:

By clicking on and downloading Fedora, you agree to comply with the
following terms and conditions:

Fedora software and technical information is subject to the U.S.
Export Administration Regulations and other U.S. and foreign law, and
may not be exported or re-exported to certain countries (currently
Cuba, Iran, Iraq, North Korea, Sudan, and Syria) or to persons or
entities prohibited from receiving U.S. exports (including those (a)
on the Bureau of Industry and Security Denied Parties List or Entity
List, (b) on the Office of Foreign Assets Control list of Specially
Designated Nationals and Blocked Persons, and (c) involved with
missile technology or nuclear, chemical or biological weapons). You
may not download Fedora software or technical information if you are
located in one of these countries, or otherwise affected by these
restrictions. You may not provide Fedora software or technical
information to individuals or entities located in one of these
countries or otherwise affected by these restrictions. You are also
responsible for compliance with foreign law requirements applicable to
the import and use of Fedora software and technical information.

Perhaps there are loopholes (I export to Canada, then a Canadian
exports to somewhere else) but this doesn't change the situation for
people in the US, like the OP. You are talking about reviewing the
licenses, but exporting is also matter of criminal law. If I consulted
a lawyer about doing such an export, it is reasonable to expect that
they would bring this up, rather than just summarize license terms on
a one-off basis.

-- 
Rob Farmer