🚀 go-pugleaf

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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