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Re: LYNX-DEV SSL (fwd)


From: David Woolley
Subject: Re: LYNX-DEV SSL (fwd)
Date: Thu, 4 Dec 1997 08:19:10 +0000 (GMT)

> 
> IPR?  If you mean export/use, most prevent export to "rogue" countries

IPR = Intellectual Property Rights, i.e. patents, copyrights, trademarks,
etc.  However export controls are an interesting question because it is
not clear that the clause in the Gnu licence which allows countries to
be excluded on IPR grounds can be applied in that case (it seems more
useful to allow software to be GPLed in Europe and given a no-USA restriction,
because of patents).  (The Gnu licence requires that no restrictions be
placed on redistribution, except those imposed by terms of the GPL itself.)

> > Have Netscape explicitly issued a licence for SSL permitting its use in 
> > Lynx and all
> > potential future derived works (or all software which is "free" in the Gnu
> > sense - which does permit payment - or all GPLed software)?
> 
> They have said something to the effect that the licensing would be free,
> something akin to DES which was patented by IBM.  I would have to dig up
> the exact press release or statement.  I think it was more to keep anyone

I'm not an expert in US law (or any country's), but I doubt that that
is sufficient evidence of a licence to safely distribute under the GPL
(ignoring the other patents).  The GPL is using copyright law to enforce
"free"ness, so needs to ensure that the IPR status is completely above
board so as not to be undermined.

My understanding on DES is that the blanket licence only covered the
the USA, although software implementations would have been immune in
most countries.  This may have been more to do with IBM respecting
export controls than with retaining the option for royalties.  I'm 
pretty sure that the DES patent has expired.

> else from doing it (and it would break - there is a ton of prior art).
> 

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