[OSGeo-Discuss] Re: on Google Code and export restrictions

[Wilfred L. Guerin]

Your only option, kids, is to produce a fully modular framework and
provide multiple implementations (all possible permutations) for any
elemental task, sort them by CREATOR's origin and policy adopted
("license"), classify those as desired however desired**, and make
sure a standard profile and operational similarity is verifiable for
parallel and similar modules, and hope someone teaches a camel spider
to pounce on a keyboard to generate, with full understanding of his
creation, a very similar (functionally verified compatible) module for
any task that may be illegally persecuted by the criminal gang
imperialists.

Open framework, modular components, fully validated exchangability
with mathematical verification, general text theory of each
intercompatible module, assumption someone who is not white can figure
out basic counting on their own as well.

Been there, done that, DieBold.

For some highly persecuted counting methods, like spatial
extrapolation or finding a ball in a picture, there is usually a
correct way they'll kill you for, and a horribly ineffective way that
normally involves black and white images or other gross defacement of
your data. I'm sure you can come up with a horribly slow method of
doing the same thing within the limitations of a computational device
even the "terrorists" can freely use.



On 6/5/08, P Kishor <punk.kish at gmail.com> wrote:
> On 6/5/08, Marco Tuckner <marcotuckner at public-files.de> wrote:
>> Dear list members,
>>  I would like to follow up here and ask for a official statements from
>> OSGEO on
>>  this topic.
>>  I expected some more replys to this topic. When it first came up on this
>> list
>>  it was even ignored.
>>
>>  In principle, the thing is very simple:
>>  OSGEO tells as part of their mission that they are producing FREE
>> software with
>>   the note that not free as free of charge is meat. Free is used in the
>> sens of
>>   the software being free of any restrictions in use and distribution.
>>
>>  Now you start to incorporate US export legislation politics on that.
>>
>>  Here my questions:
>>  1) Why do you intend to follow the US governmental export rules and
>>  restrictions?
>>  2) How to you want to track any misuse (e.g. mirroring of OSGEO download
>>  servers)?
>>  3) If you are really serious with that, how to you intend to maintain the
>>  attractiveness of OSGEO to people from outside US?
>>     => Why should someone from Europe, Brazil, China, Sudan, etc.
>> contribute
>>     to any OSGEO project if he/she cannot control/guarantee the freedom of
>> that
>>      code?
>>
>>  For instance I percived gvSIG to be an Spanish/European product.
>>  Europeans maintain good relations with countries where US-americans do
>> not go.
>>  If, for instance the Spanish government decides to help the Cuban people
>> in a
>>  sanitation project and use gvSIG, will they get punished using their
>>  own software?
>>
>>  I am at the momemnt in the decicion taking phase whether or not to use
>> QGIS,
>>  GRASS, gvSIG for projects in my company.
>>  If I cannot send these programs out to my clients anywhere in the world
>> then
>>  they are just useless for that purpose.
>>
>>  So taking an official statement is really important. Please think twice
>> here
>>  before opting for the US understanding of freedome and security
>>  (Saying that some days after the US announced they gonna implement
>>  even more strict visa rules on European flight passengers.)
>>
>
>
> I have been in touch with a variety of different folks (National
> Academies, Creative Commons/Science Commons, university digital
> librarian), and the general consensus from them is to stay away from
> messing with any country's laws. It is best to consult the Commerce
> Control List (CCL) for an Export Control Classification Number (ECCN)
> to determine applicable export restrictions on software. CCL can be
> used to self-classify. Guidelines for applying the CCL can be found at
>
> http://www.bis.doc.gov/licensing/exportingbasics.htm
>
> If one is unsure about how to implement a export control compliance
> program, consultation with an export control lawyer or specialist is
> strongly advised.
>
> There is nothing we should do with protocols or licenses that will
> affect these export laws...they are binding on everybody that is
> affected by U.S. Laws. U.S. export laws are very strong and they carry
> severe penalties, including criminal penalties. The Spanish government
> should be able to export it themselves to Cuba without involving U.S.
> Law. They just can't do it through a U.S. company.
>
> In other words, if you disagree with the laws, move the project to a
> jurisdiction where the laws are different. So, for example, gvSIG
> could easily move the code hosting from Google to some host in
> Valencia.
>
> In addition to the usual export control restrictions, the U.S has an
> embargo on Cuba, so almost all exports there from the U.S. (except
> recently, cell phones) require a license.
>
> Complying with such laws is important... to quote the lawyer, while we
> like Free as in Freedom, "we also like 'Free' as in not in jail."
>
>
>>  Kind regards,
>>
>> Marco Tuckner
>>
>>
>>  _______________________________________________
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>>  Discuss at lists.osgeo.org
>>  http://lists.osgeo.org/mailman/listinfo/discuss
>>
>
>
> --
> Puneet Kishor http://punkish.eidesis.org/
> Nelson Institute for Environmental Studies http://www.nelson.wisc.edu/
> Open Source Geospatial Foundation (OSGeo) http://www.osgeo.org/
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