Subject: Re: OSI enforcement?
From: Rick Moen <>
Date: Tue, 8 Jan 2008 12:49:20 -0800

Quoting Dag-Erling Smørgrav (

> Had you been so inclined, it would have taken you only seconds to
> discover that the term was in use more than ten years before the
> creation of the OSI.  One specific example referenced by the Wikipedia
> article on Open Source is its use by the NSA in a February 1987
> position paper arguing in favor of placing cryptographic software
> under ITAR.  The following excerpt from that paper was posted by Tony
> Patti to sci.crypt in a May, 1990 discussion of the availability of
> freely reusable source code for DES (the cypher, not me):
>    "Although software was developed from open source material,
>    the application of that information into the subject software
>    program contains cryptographic capabilities that are controlled
>    under category 13B."

All this point needs for instant relevancy is to make context cease
being vital to trademark.  But alas....

(Yes, we indeed all know that "open source" was used in the spook
trade, long before its an entirely different meaning in software.)

Cheers,   If C gives you enough rope to hang yourself, then C++ gives you enough
Rick Moen    to bind and gag your neighbourhood, rig the sails on a small ship,    and still have enough to hang yourself from the yardarm.