DTI and Export Control

[Nicholas Bohm]

At 02:59 PM 8/12/1999 +0100, Pete Chown wrote:
>Nicholas Bohm wrote:
>
>> It might be helpful to post a copy of the opensource definition
>> alongside the existing public domain language: then we could try to
>> comment on the differences.
>
>Okay.  Here is the open source definition:

Thanks for this:  see comments at foot.

>1. Free Redistribution
>
>The license may not restrict any party from selling or giving away the
>software as a component of an aggregate software distribution
>containing programs from several different sources. The license may
>not require a royalty or other fee for such sale.
>
>2. Source Code
>
>The program must include source code, and must allow distribution in
>source code as well as compiled form. Where some form of a product is
>not distributed with source code, there must be a well-publicized
>means of obtaining the source code for no more than a reasonable
>reproduction cost -- preferably, downloading via the Internet without
>charge. The source code must be the preferred form in which a
>programmer would modify the program. Deliberately obfuscated source
>code is not allowed.  Intermediate forms such as the output of a
>preprocessor or translator are not allowed.
>
>3. Derived Works
>
>The license must allow modifications and derived works, and must allow
>them to be distributed under the same terms as the license of the
>original software.
>
>4. Integrity of The Author's Source Code.
>
>The license may restrict source-code from being distributed in
>modified form only if the license allows the distribution of "patch
>files" with the source code for the purpose of modifying the program
>at build time. The license must explicitly permit distribution of
>software built from modified source code. The license may require
>derived works to carry a different name or version number from the
>original software.
>
>5. No Discrimination Against Persons or Groups.
>
>The license must not discriminate against any person or group of
>persons.
>
>6. No Discrimination Against Fields of Endeavor.
>
>The license must not restrict anyone from making use of the program in
>a specific field of endeavor. For example, it may not restrict the
>program from being used in a business, or from being used for genetic
>research.
>
>7. Distribution of License.
>
>The rights attached to the program must apply to all to whom the
>program is redistributed without the need for execution of an
>additional license by those parties.
>
>8. License Must Not Be Specific to a Product.
>
>The rights attached to the program must not depend on the program's
>being part of a particular software distribution. If the program is
>extracted from that distribution and used or distributed within the
>terms of the program's license, all parties to whom the program is
>redistributed should have the same rights as those that are granted in
>conjunction with the original software distribution.
>
>9. License Must Not Contaminate Other Software.
>
>The license must not place restrictions on other software that is
>distributed along with the licensed software. For example, the license
>must not insist that all other programs distributed on the same medium
>must be open-source software.
>
>.... and here is the "public domain" definition is the Control List:
>
>"In the public domain" [ ... ], as it applies herein, means
>"technology" or "software" which has been made available without
>restrictions upon its further dissemination (copyright restrictions do
>not remove "technology" or "software" from being "in the public
>domain").

It seems clear that many things could be in the public domain in the
Wassenaar sense (which requires no more than having been published and
being available for dissemination subject to copyright restrictions)
without qualifying under the open source concept (for example, requirements
2 - Source Code -and 6 - No Discrimination Against Fields of Endeavor -
will often not be satisfied).

It seems likely that PGP would cease to be in the public domain if the open
source criteria were to replace the current ones.

It is not hard to conclude that the change would be a Very Bad Thing.

Given the avowed Wassenaar Arrangement objective of "...preventing
destabilising accumulations" of weapons and other relevant technologies, it
is impossible to see any legitimate basis under this Arrangement for
permitting export of something for which an open source licence is
available while forbidding export of something equally widely published for
which the distribution basis is "free for non-commercial use".

Regards,

Nicholas Bohm

Salkyns, Great Canfield,
Takeley, Bishop's Stortford CM22 6SX, UK

Phone		01279 871272	(+44 1279 871272)
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