restricting the use of open source software

[Steve Quinn]

I'm not sure anyone is understanding my point.  And yet, it is also possible that there is nothing to worry about anyway...  But, I still think that unless my license contains a clause similar to that of Intel's license, I could be in violation of US export law and not even know it as soon as someone from an embargoed state downloads and uses my software.  And yet I have no control over this.   If I am selling the software, I can refuse to take the order and thus not ship the product.  But in the Open Source world, I can't make that distinction. Not that the Intel license would actually stop someone from downloading and using the software, but it does indicate that if you live in one of the specified countries you are not allowed (by US law) to have or use that software.  Having the export law clause seems more of a "CYA" than anything substantive, but isn't that what licenses, contracts and agreements are really all about?  

I assume other countries also have some type or level of restrictions on the export of goods and services.  Therefore, couldn't you also find yourself in violation of your countries laws if someone from an embargoed state downloads and uses your software?  Now we can get into a whole debate on the validity, legality, morality, etc. of such laws.  And I understand that the US is not the most favored nation in the world right now, but the fact of the matter is these laws do exist in the US and in other countries as well, and whether or not we like or agree with them, until they are changed we need to comply with them or possibly suffer serious consequences.  

Is there any way this can be done and still stay within the OSD?

Steve

-----Original Message-----
From: Russell Nelson [mailto:nelson at crynwr.com] 
Sent: Monday, March 28, 2005 10:12 AM
To: license-discuss at opensource.org
Subject: RE: restricting the use of open source software

Steve Quinn writes:
 >
 > This brings up a question in my mind... I believe the government  > puts certain restrictions on the use and distribution of software  > and other US based products.

Sure.  We can't require you to violate the law, but we can require you to not include your country's laws in your license.  And we do.  The biggest difference between the Intel license and the BSD license is that the Intel license cautions you to obey export law.  Well duh!  Of course you are always well advised to obey the laws of your country.

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