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Re: export policy, was Re: Package Maintainers Flags policy



On 05/26/2009 10:09 AM, Paul Wouters wrote:
> See above. Note that the Wassenaar Agreement excludes software that is
> in the "public domain", eg free/open source software.

This is not correct. "Public Domain" has a very specific legal meaning,
and 99% of FOSS does _not_ meet it. Public Domain is when the copyright
holder has explicitly abandoned his/her/its copyright on the work and
placed it into the Public Domain. (Note: In some countries, such as
Germany, this is impossible)

>> 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."
> 
> This is just boilerplate for more "US law applies to non-US citizens
> because we say so" doctrine. 

Keeping in mind the complexities of US export law are many, people who
are directly affiliated with a US company are still required to follow
US export law, or the US company can face serious legal risks (even if
the non-US citizen who violates US export laws does not directly face
any risk, or a minimized risk). In such a scenario, the individual could
be perceived to have been acting as an agent of Fedora (Red Hat), making
Red Hat liable. The penalties for export violation are steep and
serious, which is why all Fedora contributors are required to abide by
the export policies.

~spot


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