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

[Chad Perrin]

On Thu, Oct 07, 2010 at 05:47:23PM -0500, Robert Bonomi wrote:
> 
> Pure and simple, _if_ there is software involved, there *MAY* be export-
> control issues.
> 
> *ANYONE* in the business of exporting software _should_ be aware of that
> fact, and as a matter of basic 'due diligence' know about _their_ national
> laws on the matter, and how/where to find out what kinds of software are
> restricted, and on what basis.

Anyone who stores software on GitHub, BitBucket, or SourceForge could
conceivably be accuse of being "in the software export business" -- but I
bet very few people who use those services ever think about that.  Of
course, practically speaking, the chances of ending up in US court simply
for putting some simple home-brewed CMS on BitBucket are probably pretty
slim, in my non-lawyer opinion.  Still . . . not having a moment where
one thinks about the possibility seems like a pretty clear indication
that it is rare for a non-lawyer to consider *all* the possible ways to
get in legal trouble for "exporting" software.

I do not really think that implying someone is stupid for failing to
consider all possibilities is productive, especially since if we all had
to get legal help every time we started a GitHub project, we would have
considerably fewer GitHub projects in the world.


> 
> It is worth noting that since the original software author (Intel) put the
> "it is possible an export license may be required under some circumstances"
> notice on their software that anyone who takes said notice -off- had better
> have (1) a -solid- professionally-rendered legal opinion that no such license
> is required under _any_ circumstances, and (2) massive liability insuance
> in case they are wrong.

They could also just ask Intel, I suppose.  There must be *someone* there
who has the job of answering questions like this.  I am pretty sure that
Intel's stable of lawyers isn't as big as IBM's, but it might be close to
the size of the US DOJ.  Even if Intel said "Sure, go ahead, we don't
care," I'd still be inclined to seek further advice more concerned with
my own legal safety before removing any legal notices though -- aside
from the tags on my matresses and pillows (for instance).

-- 
Chad Perrin [ original content licensed OWL: http://owl.apotheon.org ]
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