[okfn-discuss] Export Controls and OKD § 7.

Mon Jun 16 23:32:09 UTC 2008

I was just adding a package [1] to CKAN and was looking through its
Terms and Conditions to check its assertion that it is an 'open database'.

I discovered a section on 'Jurisdictional Issues', which reads as follows:

"The BIOCYC DATABASES are controlled by SRI from its offices within the
State of California. SRI and its Licensors make no representation that
the BIOCYC DATABASES are appropriate or available for use in other
locations.  Those who choose to access the BIOCYC DATABASES from other
locations do so at their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are
applicable.  The BIOCYC DATABASES are further subject to United States
export controls.  The BIOCYC DATABASES may not be installed, downloaded
or otherwise exported or reexported (i) into (or to a national or
resident of) any country as to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specialty
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders.  By installing, downloading or using the BIOCYC DATABASES, you
represent and warrant that you are not located in, under the control of,
or a national or resident of any such country on any such list." [2]

This doesn't seem compatible with point 7 of the OKD, "No Discrimination
Against Persons or Groups".

Any thoughts?

I would be interested to find out more about what kinds of knowledge is
usually subject to export controls (in the US and elsewhere) if anyone has
any useful tips.

Jonathan

[1] http://ckan.net/package/read/biocyc
[2] full text at http://biocyc.org/all-reg.shtml