Does that not assume that the TC code was developed in the US? I know that most of the crypto code was from a library developed in the UK. On Friday, June 6, 2014, Karen Palen <karenpalensl@xxxxxxxxx> wrote: > I am a Registered Patent Agent in the US, but I really do not think this > is a Patent/IP question, but rather an ITAR question! > > I am not qualified to make this determination, although I do have some > firsthand experience in the area. > > We ran into this during a standards making project (EDIF) and it did take > several months to get things straightened out. > > The problem with ITAR is that the law is very broadly written and the > default is that you are covered by the list. To make things even more > exciting, the list itself is classified! > > I know that there are a great many treaties which require many countries > to treat things "as if they were" under US law! > > This would seem to be a "burning issue" that will require some funding to > resolve. :-( > > The problem is that we don't just need someone's research, but an actual > formal "legal opinion" which would then at least shield us from criminal > prosecution! We could still be told to simply stop, however. > > A "formal legal opinion" which can be relied upon however takes a lot of > careful research and exposes the lawyer to some massive liability if they > screw up - typically this is 50-60% of the billing for this kind of opinion. > > This is one reason we need to have a headquarters (foundation or ???) in a > place like Switzerland or Canada. > > Somehow I doubt if this is going to be the only "legal show stopper" too. > :-( > > It also argues the need for funding ASAP. > > Mike > > On 06/05/2014 06:06 PM, Niklas Lemcke - 林樂寬 wrote: > >> 2. Export regulations. US EAR regulations require entities exporting >> cryptography - even free public domain source code - to register with BXA >> and report exports. This may require setting up a foundation or something, >> to create a legal nexus. >> How do export regulations from the US apply, if--say--the code is being >> published outside the US, by non-US individuals? We had thought about >> moving away from GitHub because it is hosted in the US. I know a couple >> of (patent) lawyers, but only one with potential experience in US law. >> And that one is expensive. :P >> >> Niklas >> >> > -- > Hypocrite: (noun) Republican who collects Social Security or Medicare! > >