[43813] in Cypherpunks
Re: Spam the Sign!
daemon@ATHENA.MIT.EDU (Michael Froomkin)
Wed Nov 22 15:03:21 1995
Date: Wed, 22 Nov 1995 14:56:37 -0500 (EST)
From: Michael Froomkin <froomkin@law.miami.edu>
To: Frank Stuart <fstuart@vetmed.auburn.edu>
Cc: cypherpunks@toad.com
In-Reply-To: <199511221816.MAA13933@snoopy.vetmed.auburn.edu>
On Wed, 22 Nov 1995, Frank Stuart wrote:
> >[regarding suggestion that netscape give mit or someone a 128 bit version
> >to place on an ftp server]
> >
> >This is not an apology for the the ITAR, just my usual lawyerly overcaution:
> >
> >Suppose A gives B a program that is export controlled, intending for B to
> >allow it to be exported. Has A conspired with B to export the program?
> >
> >Let's ask the grand jury investigating Phil....
>
> That's a possible problem, I suppose, but wouldn't you be protected if
> your license agreement with MIT (or whoever) specified redistribution
> "for domestic use only"?
>
"protected"? No. "Helped"? Yes. The government can argue to the jury
that the agreement was a sham and you knew it....
A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law |
U. Miami School of Law | froomkin@law.miami.edu
P.O. Box 248087 | http://www.law.miami.edu/~froomkin
Coral Gables, FL 33124 USA | It's warm here.
