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

Mon Jun 23 14:57:05 UTC 2008

On 17/06/08 00:32, Jonathan Gray wrote:
> 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 think you are right that this violates item 7. I also think this issue 
has (frequently?) come up in the F/OSS world, especially in relation to 
cryptography stuff (which I think was considered of potential military 
relevance by US govt) where they have also taken the same line (it is 
not open). I'd welcome others comments/knowledge here.

~rufus