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Re: lynx-dev Distribution of SSL-enabled lynx

From: Doug Kaufman
Subject: Re: lynx-dev Distribution of SSL-enabled lynx
Date: Mon, 27 Nov 2000 19:06:07 -0800 (PST)

On Mon, 27 Nov 2000, David Woolley wrote:

(quoting me)
> > see problems with licensing conflicts, etc. if I were to distribute
> > a binary of SSL-enabled lynx for DOS (compiled without idea or rc5,
> > using openssl)?
> I think you will need to distribute the source as well, as, as far as
> I know, the dispensation for freeware requires that the source distribution
> site be registred with the authorities.

I am not sure that this is correct. It seems that object code compiled
from freely available source code can be "exported". I am not sure
that even the URL must registered with the US government, as this
is only required in the section on distribution of source. The GNU
requirements about availability of source would still apply. I am
appending the actual new US government regulation about this (taken
from the Bureau of Export Administration web site). See sections
740.13(e)(1) and 740.13(e)(2).

    11. Section 740.13 is amended by revising paragraph (e) to read as

Sec. 740.13  Technology and software--unrestricted (TSU).

* * * * *
    (e) Unrestricted encryption source code.(1) Encryption source code
controlled under ECCN 5D002, which would be considered publicly
available under Sec. 734.3(b)(3) of the EAR and which is not subject to
an express agreement for the payment of a licensing fee or royalty for
commercial production or sale of any product developed with the source
code is released from EI controls and may be exported or reexported
without review under License Exception TSU, provided you have submitted
written notification to BXA of the Internet location (e.g., URL or
Internet address) or a copy of the source code by the time of export.
Send the notification to BXA at address@hidden with a copy to ENC
Encryption Request Coordinator, or see Sec. 740.17(e)(5) for the
mailing addresses. Intellectual property protection (e.g., copyright,
patent or trademark) will not, by itself, be construed as an express
agreement for the payment of a licensing fee or royalty for commercial
production or sale of any product developed using the source code.
    (2) Object code resulting from the compiling of source code which
would be considered publicly available can be exported under TSU if the
requirements of this section are otherwise met and no fee or payment
(other than reasonable and customary fees for reproduction and
distribution) is required for the object code. See Sec. 740.17(b)(4)(i)
for the treatment of object code where a fee or payment is required.
    (3) You may not knowingly export or reexport source code or
products developed with this source code to Cuba, Iran, Iraq, Libya,
North Korea, Sudan or Syria.
    (4) Posting of the source code or corresponding object code on the
Internet (e.g., FTP or World Wide Web site) where it may be downloaded
by anyone would not establish ``knowledge'' of a prohibited export or
reexport, including that described in paragraph (e)(2) of this section.
In addition, such posting would not trigger ``red flags'' necessitating
the affirmative duty to inquire under the ``Know Your Customer''
guidance provided in Supplement No. 3 to part 732 of the EAR.
Doug Kaufman
Internet: address@hidden

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