[Fwd: export control pthreads-win32]

[Fwd: export control pthreads-win32]

[Ross Johnson]

The question below was sent to me directly by someone employed by or 
representing a company in Germany. Since the code is uploaded from 
Australia to the software's primary repository in the US, and the code 
itself actually originates from several different countries but 
predominantly the US and Europe, does anyone know the answer? Is there 
an answer?

I suspect there is no answer but I thought I'd ask the list because it 
hasn't come up before.

Thanks.
Ross

-------- Original Message --------
Subject: 	export control pthreads-win32
Date: 	Thu, 5 Jun 2008 15:33:32 +0200


I am referring to you regarding a foreign trade matter.

The export / re-export of goods can be subject to restrictions according 
to European community law, German law or United States law. So as to 
verify this, I require some details from you about the 
product *pthreads-win32**.* *

*For export control legal expertise, I require information to the 
country of origin and to any export restrictions. Particularly, I am 
soliciting information of ECCN in US Commerce Control List and whether a 
license exception may be used for it.

I am thanking you for your efforts in advance and please do not to 
hesitate to contact me.

_If you are not the right contact person, I am asking you to forward my 
request to the division which is engaged in Export Compliance affairs._

Re: [Fwd: export control pthreads-win32]

[Philipp Klaus Krause]

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Ross Johnson schrieb:

> I suspect there is no answer but I thought I'd ask the list because it
> hasn't come up before.

Sounds like he wants to use pthreads-win32 in a product that will be
shipped to Cuba or something.
However I don't know how US export regulations apply to free software
(with commercial software you often have to agree not to reexport to
Cuba even indirectly when downloading something, but here it's just the
(L)GPL). However we see countries like Cuba use free software and I've
never heard of someone being put to court for giing it to them.

Philipp


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Re: [Fwd: export control pthreads-win32]

[Peter Slacik]

Philipp Klaus Krause wrote:
> Ross Johnson schrieb:
>
> > I suspect there is no answer but I thought I'd ask the list because it
> > hasn't come up before.
>
> Sounds like he wants to use pthreads-win32 in a product that will be
> shipped to Cuba or something.
> However I don't know how US export regulations apply to free software
> (with commercial software you often have to agree not to reexport to
> Cuba even indirectly when downloading something, but here it's just the
> (L)GPL). However we see countries like Cuba use free software and I've
> never heard of someone being put to court for giing it to them.
>
> Philipp

While using free softwae, I've often seen similar approach to those 
expressed by PuTTY 
<http://www.chiark.greenend.org.uk/%7Esgtatham/putty/> authors:
> /*LEGAL WARNING*: Use of PuTTY, PSCP, PSFTP and Plink is illegal in 
> countries where encryption is outlawed. I believe it is legal to use 
> PuTTY, PSCP, PSFTP and Plink in England and Wales and in many other 
> countries, but I am not a lawyer and so if in doubt you should seek 
> legal advice before downloading it. You may find this site 
> <http://rechten.uvt.nl/koops/cryptolaw/> useful (it's a survey of 
> cryptography laws in many countries) but I can't vouch for its 
> correctness./

In other words, and especially concerning the following:
> *For export control legal expertise, I require information to the 
> country of origin and to any export restrictions. Particularly, I am 
> soliciting information of ECCN in US Commerce Control List and whether 
> a license exception may be used for it. 
I think that the destination countries' rules should be checked (by the 
potential user, I'd suggest) whether the SW is allowed to be used there.

But still, I'm anything but a lawyer....

Peter Slacik