On Sun, Nov 27, 2011 at 2:41 PM, acutler22 <acutle...@yahoo.com> wrote:
>
> After looking at the LVS exemption though, it points out that *everything* 
> packaged with Codec2 must be less than $5000: http://goo.gl/VZPTc
> This could pose an issue of Codec2 were packaged in a large commercial 
> telecom product.
> There *are* other exemptions to 5A001: http://goo.gl/xTm9c
> --------
> "GBS: Yes, except 5A001.a, b.5, e, and h.
>
> CIV: Yes, except 5A001.a, b.3, b.5, e, and h.
>
> STA: License Exception STA may not be used to ship any commodity in 
> 5A001.b.3, .b.5 or .h to any of the eight destinations listed in 
> §740.20(c)(2) of the EAR."
>
> Definitions, restrictions and reporting requirements for "GBS", "CIV", and 
> "STA" exemption requirements are found here: http://goo.gl/7jkyp
> There's a lot of codes and exemptions to dig through, but to summarize 
> there's a lot of ways Codec2 can be exempt. When Codec2 is embedded in a 
> commercial product for export from the USA worth more than $5000, the company 
> producing the product will probably have their legal team review the 
> exemptions with a fine tooth comb.

In the US at least precedent such as Bernstein v. United States makes
the export restriction issue pretty much moot for open source software
development. (https://en.wikipedia.org/wiki/Bernstein_v._United_States)

But as you note, commercial products have more complications but as
far as I can tell they're no different than encryption and presumably
a commercial venture is capable of dealing with them. (And personally,
outside of special applications like ham radio and broadcast, I think
it's ethically questionable to provide communications protocols
_without_ strong encryption)

More of a concern is jurisdiction which have copied the US regulations
without also copying the legal history that makes the regulations
tolerable...  I believe .AU is one of these places.

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