Re: Netscape

At 03:27 PM 7/20/96 -0700, Tom Weinstein wrote:

>> Do you Seriously Believe that Netscape would prefer foreigners
>> to develop and use competing products? Of course not. They are
>> probably secretly applauding the brave exporters.
>
>You are wrong.  We are worried that our permission to provide these
>products will be withdrawn. 

As far as I can tell, you need no "permission" to "provide these products", 
at least domestically.  The only restrictions that have been implied have 
been over the delivery of encryption over the 'net, and even that is 
questionable.


Jim Bell
jimbell@pacifier.com

-----BEGIN PGP SIGNED MESSAGE-----

On Sat, 20 Jul 1996, jim bell wrote:

> >> Do you Seriously Believe that Netscape would prefer foreigners
> >> to develop and use competing products? Of course not. They are
> >> probably secretly applauding the brave exporters.
> >
> >You are wrong.  We are worried that our permission to provide these
> >products will be withdrawn. 
> 
> As far as I can tell, you need no "permission" to "provide these products", 
> at least domestically.  The only restrictions that have been implied have 
> been over the delivery of encryption over the 'net, and even that is 
> questionable.
> 

If even that much.  Most of the "permission" i've heard of was infered at
best.  The NSA, nor anybody else, has the _legal_ power to stop you from
putting crypto on the Web, on FTP, or anywere else, so long as you do not
_willingly_ give it to foreign citizens.  If some non-citizen downloads it,
and said they were a US citizen, its not your fault. you THOUGHT you were
giving it to a citizen, which is all the law actually requires.  Of
course, if anybody like Netscape actually had the guts to take this to
court, arguing that ITAR doesn't cover Crypto, the ACLU and other such
would probably back them, and it'd stand a fair chance.  Unfortunatly,
everybody in a position to do this has decided they'd rather not risk
having presidence (sp?) that this _was_ covered under ITAR, of which there
is none.

 --Deviant


-----BEGIN PGP SIGNATURE-----
Version: 2.6.2

iQEVAwUBMfJ4NjAJap8fyDMVAQH1/Qf/RmVcN8GpTUbUbC7MfhF+S06wT4ANE92I
CYIlEn6dWCwA5AAc0EN0WjFy6Tww/S6VCsxemuaxJk6wS0rbAY8ot8DDsAGiilV7
bzkNJOx472paf9fEjIaN7SHzjHd1gd/ZZnQIv1v9mUIYESsC860+8LGtt+g6i/um
xpFZXp+6VXog7U941JZ+AOOUnYUVqWBhciOy+zf8MU98TcpKpjpg/PJcfsrQLZWm
5+9yI8OAbLiyrrtTRTGc+jjyRU9pQ7yxU/e0+sSXSQl5iETGG79Kx3urCnO1BqoU
k3E2RgTOlQ7mOSAPZIAzUxsuIBEMEs7eQQn8D7EP5Bih/0la3zRCaQ==
=QxJW
-----END PGP SIGNATURE-----

On Sat, 20 Jul 1996 18:13:45 -0800, jim bell <jimbell@pacifier.com>
wrote:

>At 03:27 PM 7/20/96 -0700, Tom Weinstein wrote:
>
>>> Do you Seriously Believe that Netscape would prefer foreigners
>>> to develop and use competing products? Of course not. They are
>>> probably secretly applauding the brave exporters.
>>
>>You are wrong.  We are worried that our permission to provide these
>>products will be withdrawn. 
>
>As far as I can tell, you need no "permission" to "provide these products", 
>at least domestically.  The only restrictions that have been implied have 
>been over the delivery of encryption over the 'net, and even that is 
>questionable.
>

Then you need to read the license agreement:

1. Netscape Communications Corporation ("Netscape") grants to you a
non-exclusive, non-sublicensable, license to use this Beta version of
the Netscape network navigator (the "Software"), in binary executable
form for evaluation and trial use purposes only.  THIS SOFTWARE
CONTAINS CODE THAT DISABLES MOST OF ITS FEATURES AFTER SEPTEMBER 17,
1996.

5. Title, ownership rights, and intellectual property rights in and to
the Software shall remain in Netscape and/or its suppliers.  You agree
to abide by the copyright law and all other applicable laws of the
United States including, but not limited to, export control laws.  You
acknowledge that the Software in source code form remains a
confidential trade secret of Netscape and/or its suppliers and
therefore you agree not to modify the Software or attempt to decipher,
decompile, disassemble or reverse engineer the Software, except to the
extent applicable laws specifically prohibit such restriction.

6. Netscape may terminate this License at any time by delivering
notice
to you and you may terminate this License at any time by destroying or
erasing your copy of the Software.  Upon termination of this License,
or in any event within thirty (30) days following Netscape's release
of
a commercial version of the Software, you agree to destroy or erase
the
Software.  In the event of termination, the following sections of this
License will survive: 2, 3, 4, 5, 6, 7 and 8.  This License is
personal
to you and you agree not to assign your rights herein.  This License
shall be governed by and construed in accordance with the laws of the
State of California and, as to matters affecting copyrights,
trademarks
and patents, by U.S.  federal law.  This License sets forth the entire
agreement between you and Netscape.

8. You may not download or otherwise export or reexport the Software
or
any underlying information or technology except in full compliance
with
all United States and other applicable laws and regulations.  In
particular, but without limitation, none of the Software or underlying
information or technology may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba, Haiti,
Iraq, Libya, Yugoslavia, North Korea, Iran, or Syria or (ii) to anyone
on the US Treasury Department's list of Specially Designated Nationals
or the US Commerce Department's Table of Deny Orders.  By downloading
the Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under control
of, or a national or resident of any such country or on any such list.


Dan Weinstein
djw@vplus.com
http://www.vplus.com/~djw
PGP public key is available from my Home Page.
All opinions expressed above are mine.

"I understand by 'freedom of Spirit' something quite definite -
the unconditional will to say No, where it is dangerous to say
No.        
           Friedrich Nietzsche