Crypto and export laws

[Ben Finney]

Piet van Oostrum <piet at cs.uu.nl> writes:

> But Python is not in the public domain. Open source != public domain.

One always needs to be aware of what bizarro-world definitions these
legalese documents are using for terms we might normally understand.
However, in this case it seems fairly sane and :

    GTN "In the public domain"

    GSN This means "technology" or "software" which has been made
    available

    ML 22 without restrictions upon its further dissemination.

    <URL:http://74.125.153.132/search?q=cache:t8kUZpvsUncJ:www.wassenaar.org/controllists/2008/WA-LIST%2520(08)%25201/16%2520-%2520WA-LIST%2520(08)%25201%2520-%2520DEF.doc+%22definitions+of+terms+used+in+these+lists%22&cd=1&hl=en&ct=clnk&ie=UTF-8>

> Public domain means there is no copyright and no license attached to
> it, AFAIK.

More accurately, it generally refers to a work with no copyright holder
and hence no license *needed* by anyone to perform acts normally
reserved to a copyright holder.

So free software still held under copyright is not “in the public
domain” by the above definition.


In any case, the part that seems to apply clearly to Python is this one:

    GENERAL SOFTWARE NOTE 

    The Lists do not control "software" which is either: 

      1. Generally available to the public by being: 

      a. Sold from stock at retail selling points without restriction,
      by means of:

             1. Over-the-counter transactions;

             2. Mail order transactions;

             3. Electronic transactions; or

             4. Telephone call transactions; and 

      b. Designed for installation by the user without further
      substantial support by the supplier;

    <URL:http://74.125.153.132/search?q=cache:oUPbVxp4coMJ:www.wassenaar.org/controllists/2008/WA-LIST%2520(08)%25201/02%2520-%2520WA-LIST%2520(08)%25201%2520-%2520GTN%2520and%2520GSN.doc+general+note+software&cd=1&hl=en&ct=clnk&ie=UTF-8>

Python is certainly generally available, by being sold as described
above (as well as other means), and with no further substantial support
from the supplier.

So AFAICT, the Wassenaar Arrangement on export controls explicitly
excludes Python (and most widely-sold free software) by the “generally
available to the public by being sold from stock at retail” definition.

-- 
 \         “What you have become is the price you paid to get what you |
  `\                                 used to want.” —Mignon McLaughlin |
_o__)                                                                  |
Ben Finney