Question on OSD #5

[David Dillard]

Std disclaimers, IANAL, TINLA...

> 2. Other than certain kinds of encryption software, I believe 
> that US law allows open source software to be freely exported 
> anywhere in the world.

Err, sort of - and it depends on what you mean by "freely."

Transfers to the embargoed countries are forbidden (last time I looked
they were Cuba, Iran, Libya, North Korea, Sudan and Syria).

My understanding is that you generally don't need an export license to
export something that is  "entirely" open source.  However, if you
incorporate something that is open source into something that isn't then
you do need an export license.  For example, export OpenSSL by itself
and you don't need an export license.  Take the AES code out of OpenSSL
and embed it into your non-open source product and you need an export
license.

And with deemed exports... I don't even want to think about it.



When in doubt (and the EAR are so dense there's almost always doubt),
consult a trade compliance specialist.