Lex Spoon wrote:
Note that we already distribute software under export clauses like this.
In package "bind", the DNSSafe software license states:
You must not violate United States export control laws by
distributing the DNSsafe software or information about it,
when such distribution is prohibited by law.
'when such distribution is prohibited by law' - If you're not a US
citizen, and not in the US, US law does not apply to you, and therefore
does not prohibit such distribution.
cmucl's license says this:
;;; Use and copying of this software and preparation of derivative works
;;; based upon this software are permitted. Any distribution of this
;;; software or derivative works must comply with all applicable United
;;; States export control laws.
'all applicable United States export control laws' - none of them are
applicable to a non-US citizen outside the US.
The X license says this:
7. Compliance with Laws; Non-Infringement. Recipient shall comply
with all applicable laws and regulations in connection with use and
distribution of the Subject Software, including but not limited to, all
export and import control laws and regulations of the U.S. government
and other countries.
'all applicable laws' - same as cmucl.
I certainly don't like Squeak's export clause, but it seems that we have
found a way to deal with such clauses in the past. Let's deal with it
for Squeak however we've dealt with it for X, cmucl, and bind.
-Lex
"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." - this clause
makes compliance with US law, /even when it does not apply to you/ a
condition of distribution.
To my knowledge, 'don't break the laws that apply to you' clauses are
not considered non-free (though they are GPL-incompatible, being an
'additional restriction'), as these restrictions apply anyway, whether
they are stated in the license or not; they only restrict rights that
you did not legally have in the first place.
'don't break laws that don't apply to you' clauses, however, mean that
the law(s) in question essentially form part of the license. The US
export control laws are non-free, under DFSG #5 (No Discrimination
Against Persons or Groups), thus squeak (as licensed) is non-free (at best).
--
Lewis Jardine
IANAL, IANADD
