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Ask Slashdot: How Exportable is Linux?
Stano sent in
a really good question. He asks:
"The Austrian company I work for develops commercial
software and there exists a Linux port too. Now we have
an opportunity to get a customer in Iran. There exists an
American regulation (that Austria was forced to respect)
that only software with max. 10% of American code can be
exported to this country. Our software is OK in this
respect (we have an export permit) but how about a Linux
distribution? Is all FSF code "American",
regardles of who originally wrote it? How about the Linux
kernel? Who breaks the regulations if the customer himself
downloads some American/German/whatever distribution?"
I cannot agree with this. One of the best ways to free or change a nation is through trade and the free flow of information. Linux is an excellent way to do this, as it can truly get into the hands of the people where it is needed most. The more common linux becomes in countries like this, the more communication there will be. Communication is good - it tempers those who would be fanatical out of ignorance.
:P
And yes, from what I understand Iran is undergoing some social changes. Trade involving communications equipment and software for the public can only help. I hope this isn't a government contract
Anyway, for the actual question: Have them agree on some standard distribution to install your packages on top of. I wouldn't risk shipping Linux itself, the USA import/export people aren't that bright and would try to thwack you out of stupidity.
Alter Aeon Multiclass MUD - http://www.alteraeon.com
The software is owned by its individual authors or their funding agency. For example, many of the networking drivers in the Linux kernel are declared to be owned by the United States Government as represented by the director of the National Security Agency. That is the copyright owner for most of Donald Becker's work. Fortunately, those drivers are under the GPL, and the government can't take the GPL back.
I actually have some question regarding whether the Government's copyright is legitimate and whether or not the networking drivers are in the public domain. However, they are very definitely U.S.-produced software regardless of their copyright status.
If your government is cooperating in a U.S. trade embargo on Iran, they've signed a treaty that says they'll do so, and they're likely to take their export restrictions seriously. I suspect that there is more than 10% U.S. content in a Linux distribution, but I'd have to audit one to make sure.
A recent U.S. court decision supported that some software was protected free speech, but I don't think it went far enough to help overturn a trade embargo.
Thanks
Bruce Perens
Bruce Perens.
Personally, I abhor the concept of countries. Because I happened to be born north of an imaginary line in North America I happen to be Canadian.
To me one of the great things about the 'net is that it's essentially countryless. I love the fact that it confuses lawmakers/lawenforcers/taxtakers to no end when a business is registered in Jamaica, is served off a server in Chicago and has customers in the Netherlands.
I would assume that since Linux is not stored centrally anywhere, contains contributions from people around the globe, who may or may not be known/credited, etc. that it's countryless.
Now I imagine the commercial distributions can be tagged as "belonging" to the country in which that business is incorporated... but who knows.
Iranians contribute to the kernel, Iranians have beowulf clusters and Iranians have plenty of options for buying Linux from countries who have the sense to tell the US where to go.
So America may be crippling your business but thats between you and your parliament. You may want to look at moving to another EEC state that is freer ?
Alan
After a quick search I found the following Austrian regulations that may apply to the export of software and storage mediums containing software.
*) Exports to Iraq and Yugoslavia
Those two countries are currently on the UNOs shit-list and all trade with them is forbidden. There are only a few exceptions for medical stuff. This shouldn't concern you.
*) The Austrian Aussenhandelsgesetz (AHG)
This law is the base-law for most of those pesky permits.
One interesting point is right at the beginning in the definition of technology (Paragraph 1.2):
Technology (which may be subjected to export limitations) is technical know-how recorded on storage media of any kind, which is not generally available.
As LINUX is generally available, it seems not to be technology and therefore not subjected to this law.
*) The Dual Use Goods list
There is also a list with product which can be also used for military purposes. Here we find an exemption for goods with a value of less than ATS 11500 ($1000). As Linux is free and a storage medium used for export should be availble for less than that, this regulation shouldn't apply either.
*) Pornographical Material
There are some EU restrictions on exporting porn. Considering how some people drool over Linux, this may pose a problem. You'd better check that out.
A few tactics that worked well in the past in similar cases are:
*) Don't sell Linux as part of the package, just sell the support for the installation etc. If they need the software, be generous and give it to your customer as gift, download it, find it on the street, whatever.
*) Bundle it with your system or software and calculate the percentage by value. The value of the disk with linux shouldn't exceed 10% ot the value of the whole system.
If you still have problems with the ministry, try to find out exactly which regulation they apply
and check if it is really relevant. Often the people at the ministry have no idea what the whole thing is about. Then hit them with a chorus chanting the mantra 'Linux is generally available and has a monetary value of less than $39.90'.
I whish you good luck!
johi