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Re: The APSL and Export Controls

On Mon, 29 Mar 1999, Chip Salzenberg wrote:

> > Must!  I *must* notify apple by filling out the form.  If I can't,
> > for any of the reasons I suggested above, I cannot distribute the
> > derived work.
> Not so:
>   13.5 Waiver; Construction.  Failure by Apple to enforce any
>   provision of this License will not be deemed a waiver of future
>   enforcement of that or any other provision.
> If Apple fails to make the given web site available, then it is
> failing to enforce the notification clause.  That doesn't mean you
> can't distribute, it just means that the notification clause is in
> abeyance until Apple puts the site back up.

It's not.  Failure to enforce would be not chasing me up if I made a
violation.  Failing to provide the web page is something else entirely.
And there's nothing in that contract which obliges apple to do so.

> And Apple doesn't specify a time line for notification, either.

I would say it does.  It says that I 'may deploy covered code' *if* I
'notify Apple'..'by filling out'..

I interpret that as, until I fill out that form, I have no right to deploy
the code.

Note that this is *extremely* inconvienient, since every single trivial
patch-bump on my code requires me to first notify apple.  If I have a
public-access CVS server, every single check-in...


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