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Re: US Encryption Policy Change Now Official!



On Thu, Jan 13, 2000 at 04:33:58PM +0000, Dale Scheetz wrote:
> On Thu, 13 Jan 2000, Jules Bean wrote:
> 
> > On Thu, 13 Jan 2000, Bear Giles wrote:
> > > 
> > > BTW, for the same reason I'm not entirely sure that many ham radio
> > > packages should be considered non-DFSG.  If the sole purpose of a
> > > package is operation of a device which requires a gov't license
> > > to operate, is it non-DFSG for the license to restrict the use of
> > > the license to only those who can legally use the software?  I'm
> > > sure the author honestly doesn't care one way or the other, but
> > > includes the language just to CYA if someone buys some used gear
> > > at a swap meet and doesn't realize that a ham station is not just
> > > an overpowered CB radio.
> > 
> > It's a moot point. But IMO, if the author uses the copyright license to
> > enforce this, it's no DFSG free.
> > 
> > If, instaed, the author says "This software is under the GPL" but "Respect
> > the local laws of your jurisdiction.  In particular, in the United States
> > you are forbidden from doing X, Y and Z" then he's covered his back (IMO)
> > but hasn't actually made his copyright license non-free.
> 
> It would depend upon whether those statements (the CYA ones) are part of
> the license or just part of the copyrighted material. If it is just text
> in the code, and not part of the license, then I would still consider the
> license to be DFSG compliant.

IANAL, but I think it does not matter. You have to "Respect the local laws
of your jurisdiction" anyway, always and without exception (you are doing a
criminal offence if not!).
The text in the license is just a reminder.
What if I put into my program license statement: "you are permitted to do
anything you want, including beating your wife, killing your mother-in-law, 
and robbing a bank" ? It does not mean you can do this.

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