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Re: Spam the Sign!

On Wed, 22 Nov 1995, Frank Stuart wrote:

> >[regarding suggestion that netscape give mit or someone a 128 bit version 
> >to place on an ftp server]
> >
> >This is not an apology for the the ITAR, just my usual lawyerly overcaution:
> >
> >Suppose A gives B a program that is export controlled, intending for B to 
> >allow it to be exported.  Has A conspired with B to export the program?
> >
> >Let's ask the grand jury investigating Phil....
> That's a possible problem, I suppose, but wouldn't you be protected if
> your license agreement with MIT (or whoever) specified redistribution
> "for domestic use only"?
"protected"? No.  "Helped"? Yes.  The government can argue to the jury 
that the agreement was a sham and you knew it....

A. Michael Froomkin        | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
Associate Professor of Law | 
U. Miami School of Law     | [email protected]
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