Re: The APSL and Export Controls

[John Hasler <john@dhh.gt.org>]

Chip Salzenberg writes:
> But the export clause is the only OSD violation in the license, AFAIK.

   (c) must notify Apple and other third parties of how to obtain Your
       Deployed Modifications by filling out and submitting the required
       information found at
       http://www.apple.com/publicsource/modifications.html;

Postcardware.  Non-free.

       (c) automatically without notice from Apple if You, at any time during the
       term of this License, commence an action for patent infringement against
       Apple.

Thus if I patent a new semiconductor device and Apple tries to rip me off I
lose my license if I sue them.

     9.1 Infringement. If any of the Original Code becomes the subject of a
     claim of infringement ("Affected Original Code"), Apple may, at its
     sole discretion and option: (a) attempt to procure the rights
     necessary for You to continue using the Affected Original Code; (b)
     modify the Affected Original Code so that it is no longer infringing;
     or (c) terminate Your rights to use the Affected Original Code,...

The IBM revocation clause, almost verbatim.  SCO sends Apple a letter
claiming that some bit of code was lifted from Xenix.  The lawyers say that
SCO has no case but Apple's CEO-of-the-week says "I'm not spending the
shareholder's money defending that Open Source crap.  Revoke the license."

     ...effective immediately upon Apple's posting of a notice to such
     effect on the Apple web site that is used for implementation of this
     License.

And every user must check this web site every day to see if she still has a
license.

     You may not use or otherwise export or re-export the Original Code
     except as authorized by United States law and the laws of the
     jurisdiction in which the Original Code was obtained.

My example stands, as I am not "authorized" to give that printed code to
Marcus: I am just immune to prosecution for doing so.  At least, that is
how Apple' lawyers would argue.

     In particular, but without limitation, the Original Code may not be
     exported or re-exported (a) into (or to a national or resident of) any
     U.S. embargoed country...

So I not only cannot give copies of the code to Iraqi freedom fighters in
Iraq: I can't even give a copy to a refugee who lives in Germany.

     or (b) to anyone on the U.S. Treasury Department's list of Specially
     Designated Nationals or the U.S. Department of Commerce's Table of
     Denial Orders.

And I also cannot give copies to people whose names are on a list
maintained by some jerk in Washington.  A blacklist.
-- 
John Hasler
john@dhh.gt.org (John Hasler)
Dancing Horse Hill
Elmwood, WI