Re: USA export restrictions and GPL - how can they co-exist?

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On 08/10/07 12:37:52, Paul Osunero wrote:
> After scanning through GPLv2, i think i found the clause that allows
> fedora
> to be distributed:
> 
> "*8.* If the distribution and/or use of the Program is restricted in
> certain
> countries either by patents or by copyrighted interfaces, the 
> original
> copyright holder who places the Program under this License may add an
> explicit geographical distribution limitation excluding those
> countries, so
> that distribution is permitted only in or among countries not thus
> excluded.
> In such case, this License incorporates the limitation as if written
> in the
> body of this License."
> 
> Please, someone correct me if I'm wrong about this.
> 
> On 8/10/07, Peter Lemenkov <lemenkov@xxxxxxxxx> wrote:
> >
> > Hello  All!
> > I found recently this restriction:
> >
> > http://fedoraproject.org/wiki/Distribution/Download/
> ExportRegulations
> >
> > =============================
> >
> > By clicking on and downloading Fedora, you agree to comply with the
> > following terms and conditions:
> >
> > Fedora software and technical information is subject to the U.S.
> > Export Administration Regulations and other U.S. and foreign law,
> and
> > may not be exported or re-exported to certain countries (currently
> > Cuba, Iran, Iraq, North Korea, Sudan and Syria) or to persons or
> > entities prohibited from receiving U.S. exports (including those 
> (a)
> > on the Bureau of Industry and Security Denied Parties List or 
> Entity
> > List, (b) on the Office of Foreign Assets Control list of Specially
> > Designated Nationals and Blocked Persons, and (c) involved with
> > missile technology or nuclear, chemical or biological weapons). 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.
> >
> > =============================
> >
> > Correct me if I wrong - this statement seriously violates GPL - I
> read
> > it and find no mentions about Cuba and Iraq.

IMHO, you've got it backwards.  However you might read the GPL, it 
would be ill-advised to send a disto (or other restricted stuff) to 
Cuba. I very much doubt that the Feds would accept a reading of the GPL 
to let you off the hook.




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