From: Michael Froomkin <froomkin@law.miami.edu>
Date: Thu, 23 Nov 1995 04:36:28 +0800
To: Frank Stuart <fstuart@vetmed.auburn.edu>
Subject: Re: Spam the Sign!
In-Reply-To: <199511221816.MAA13933@snoopy.vetmed.auburn.edu>
Message-ID: <Pine.SUN.3.91.951122145559.24028D-100000@viper.law.miami.edu>
MIME-Version: 1.0
Content-Type: text/plain


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     | froomkin@law.miami.edu
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