[Fedora-legal-list] At which stage in Fedora does upstream code become "Fedora Software"

["Jóhann B. Guðmundsson"]

On 09/27/2013 12:52 PM, Richard Fontana wrote:
> On Fri, Sep 27, 2013 at 12:21:08PM +0000, "Jóhann B. Guðmundsson" wrote:
>> Given that I was redirected to you guys
>>
>> I'm trying to establish at which stage the upstream code we package
>> is transformed into "Fedora Software"
> "Fedora Software" for purposes of what? I'm not sure I understand the
> question.

We have an legal clause that says "Fedora software and technical 
information may be subject to the U.S. Export Administration 
Regulations" in relation to the EAR
( Let's not start beating the dead horse of distribution of fedoram 
forking Fedora etc just because I mention EAR)

If I was going host my code in the US somewhere and make that code 
public under shareable licence does an EAR act automatically apply to 
that code?

Because at some point the upstream code we built the distribution upon, 
is considered "Fedora software" under US laws and what I'm trying to 
understand and establish at which point does that happen in our processes.

Is it as soon as we download/clone the upstream code?
Is it when we start distributing those bit ( which makes as soon as we 
build an rpm ) ?
Is it when we apply patch to the upstream code here downstream here with 
us ( which modifies the upstream code ) and then start distributing it?
Is this clause only applicable to the code we write ourselves downstream 
here with us, as in something that apply's strictly to Fedora which for 
example might be hosted under fedorahosted?
Does that clause apply to code hosted under fedorahosted even if it's 
being used outside Fedora?

JBG