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Re: WARNING: Crypto software to be included into main Debian distribution



Scripsit Walter Landry <wlandry@ucsd.edu>

>   ...these controls prohibit the export of open source cryptographic
>   software under License Exception TSU to (1) prohibited parties
>   (listed at http://www.bxa.doc.gov/DPL/Default.shtm, (2) prohibited
>   countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan,
>   Syria and Taliban Occupied Afghanistan) and (3) design, development,
>   stockpiling, production or use of nuclear, chemical or biological
>   weapons or missiles.

> And to answer a question posed by Steve Langsek, yes, people can lie.
> People have always been able to break licenses.  Just because it is
> difficult to police doesn't make it irrelevant.  Debian still has to
> make it a condition that people don't make nukes with the software.

Does *Debian* have to make it a condition that *other people* don't
make nukes with the software? As you pointed out yourself, the
government already makes it criminal for people to manufacture
nukes (not just the U.S. government; hobby nukemaking is very illegal
here in Denmark too, and I believe in the rest of the civilised world
too). What good will it do anyone that Debian would threaten such
criminals with civil lawsuits *in addition* to the criminal litigation
they will face? Not to mention that the threat would be void; I can
hardly imagine the SPI spending donators' money on such a suit.

As for people in countries that have no laws against the manufacturing
of nukes, or people who manufacture nukes with the explicit blessing
of their respective governments, it is extremely doubtful that a suit
filed or even won by SPI would be enforceable against them.

So why bother trying to make a *contract* with users to enforce things
that *criminal law* already enforces in every case where the contract
could be of value? Isn't that just what we (debian-legal) say is
non-free when somebody else tries to write it into his copyright
license. The government's laws are for the government to enforce.

-- 
Henning Makholm                   "We will discuss your youth another time."



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