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- From: robert.heuman@rose.com (robert heuman)
- Newsgroups: comp.virus
- Subject: Export restrictions on anti-virus software
- Message-ID: <0007.9301221631.AA12947@barnabas.cert.org>
- Date: 14 Jan 93 19:43:47 GMT
- Sender: virus-l@lehigh.edu
- Lines: 41
- Approved: news@netnews.cc.lehigh.edu
-
- Date Entered: 01-14-93 13:33
- aryeh@mcafee.com (McAfee Associates) posted part of the material re
- Export controls and then asked a question as follows:
-
-
- > Question: Does "In the public domain" mean a program that is not
- > copyrighted, e.g., "free" as in the context of "public domain"
- > software, or does it just mean a program is widely available to the
- > public, and thus not subject to export controls--even if it is
- > shareware, e.g, publicly-available but copyrighted?
-
- I asked the bureaucrats this same question, and was told it meant what
- it said, and that they would not define it any further - and would
- interpret it on a case by case basis.... however, they also said that
- something being widely available, or even imported electronically, did
- not mean a thing.... If it had a price attached to it, and was not
- marketed according to the strict interpretation they had for packaged
- software, it came under the rules. Therefore although I had
- 'imported' F-PROT electronically, I could not send it electronically
- to our offshore locations.... That would be a violation of the act. I
- know it is silly... you know it is silly (and unenforcable)... but
- that is the way THEY intrepret it, and THEY MUST be right, right?
-
- Even sillier was that I then asked that if I did apply for the export
- permit, could I export it electronically once the permit was obtained,
- and was told - NO! It had to go through Customs, with the permit
- attached, and couldn't if in a communication! (Of course they are
- correct - it can't, but who needs postal delays on time sensitive
- material?)
-
- I do not suggest that any of the rule makes sense - it doesn't in the
- context of either F-PROT or SCAN/CLEAN, etc. These posts are for
- everyone's information. However, I do ask if someone could check the
- latest rules for the US and other COCOM countries, and see if they
- have the equivalent. I suspect they do, and wonder how each
- bureaucracy would interpret this same issue.
-
- Bob
- - ---
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