home *** CD-ROM | disk | FTP | other *** search
- Newsgroups: sci.crypt
- Path: sparky!uunet!cis.ohio-state.edu!zaphod.mps.ohio-state.edu!caen!spool.mu.edu!umn.edu!csus.edu!netcom.com!rcain
- From: rcain@netcom.com (Robert Cain)
- Subject: Re: Public Key Patents
- Message-ID: <1992Nov17.055106.5154@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <921115143047.034931@DOCKMASTER.NCSC.MIL>
- Date: Tue, 17 Nov 1992 05:51:06 GMT
- Lines: 134
-
- Subject: Re: Public Key Patents
- Newsgroups: sci.crypt
- References: <921115143047.034931@DOCKMASTER.NCSC.MIL>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Distribution:
-
- WHMurray@DOCKMASTER.NCSC.MIL writes:
- :
- : >Bob Cain rcain at netcom.com 408-358-2007:
- :
- : >The only thing that really sticks in my craw is the fact that all the
- : >work was funded by taxpayers. This is a fundamental flaw in the system
- : >and we should be working to change that. Any country's citizen should
- : >have unlimited rights to use any patent resulting from its government's
- : >funded work! That could still be made law and should be.
- :
- : Be careful what you ask for, you might get it. "UNLIMITED rights to
- : use" might result in no patent at all.
-
- I'm prety close to being ready to bite that bullet with publicly funded
- work. Further consideration after my posting shows me many problems in
- determining just who exactly, when you begin considering corporations,
- should have those rights.
-
- :
- : My understanding is that Public Key Partners, Inc. was established by
- : the original owners of the public key patents, Stanford University,
- : the Massachusetts Institute of Technology, et. al., to exploit their
- : interests in the patents. Both are publicly chartered institutions
- : whose charters permit them to develop own and exploit patents.
-
- Correct. I am arguing a question relating to funding. I am informed
- that in fact the work in question was partially funded by public money
- and partially by these private institutions themselves. I believe that
- substantial public funding should confer public rights and I leave the
- definition of substantial for debate.
-
- :
- : My understanding is that there is no intent to restrict the use of the
- : patents beyond what is necessary to protect and preserve the interests
- : of the constituencies of the of the owning institutions. Indeed, it
- : would likely be considered a breach of fiduciary responsibility to fail
- : to do so.
-
- If and only if the institutions are not substantially funding the work
- with public funds. If they are, the question of ownership is the issue.
-
-
- :
- : They have exploited the patents, in part, by licensing them to
- : hardware and software developers and vendors. Equity to those who
- : have paid for the use of the patents requires that the owners defend
- : them from use by those who have not paid. Otherwise there would be
- : no value to the license.
-
- To make such a thing retroactive would in fact be inequitable to those
- who previously paid. This needs further consideration but I am not sure
- such inequity is any worse than the inequity that exists when I cannot
- use an idea I was forced to pay for.
-
- :
- : I am not aware of how the original research was funded. If there were
- : federal funds involved, then it safe to assume that they were disbursed
- : under the usual contracts governing such funds. These contain
- : provisions that stipulate who will own the resulting research product.
- : It is equally safe to assume that the federal government can and would
- : defend any surviving 'taxpayer' interest.
-
- What!? The federal government has a troubled history in this regard
- and it is at most safe to assume that it can and would defend its own
- interest.
-
- :
- : Now with all due respect to the discomfort in Bob Cain's Craw, I think
- : that in this particular case it is a little late to complain. It seems
- : as though everything has happened in accord with existing public policy.
- : The inventions are widely available, and the owners equitably compensated.
- : In this case it is a bonus that the primary owners are educational and
- : research institutions.
-
- Too late to complain? When is it too late to correct an institutional
- inequity? I agree that what has happened in the PKP case is well within
- existing policy. I wish to see that policy challenged. You say the owners
- are equitably compensated. I argue that the taxpayers are substantial
- owners who are in no way being compensated. I don't intend to pick on
- PKP but dollars changed hands in the transference of the rights to the
- PK patents and none of it came back to the taxpayers that at least helped
- fund the work. To reiterate, there was nothing illegal or shady being
- done by PKP. They worked well within (and brilliantly I think) the policy
- at the time. It is, in my opinion and others from my email, just incorrect
- policy.
-
- :
- : To avoid further discomfort Bob may wish to revise the policy to provide
- : for a different distribution for the future. If so, Bob, you may wish
- : to study the history of patent law. It is very interesting in its own
- : right but my reading suggests that it has served us very well as it is.
-
- I could be persuaded I think (I'm not certain) that a revised policy should
- only apply to work patented after the policy change. Mostly I am willing
- to consider this simply because it is the only way a policy change has a
- snowball's chance in hell with the forces that mostly influence legislation.
- That is not quite true. It would also have a very negative impact on the
- lives of innocent people whose jobs depend on that earlier policy if change
- was retroactive.
-
- I would like to study that history as regards this specific issue.
-
- : Limited patents are granted by the government because we have concluded,
- : after considering and trying alternatives, that that is the best way to
- : serve the public interest.
-
- Not within "modern" times. Mr. Sternlight has pointed out that it was
- debated and settled publicly in the '50s. I was in high school then
- and missed the debates. I would appreciate a reference that sumarizes
- them, what parties were involved and how the decisions were made that
- detemined existing policy regarding public use of publicly funded invention.
- It may well have compelling logic behind it but it sure isn't obvious
- from here.
-
- : While it may not work perfectly in all
- : cases, it works pretty well on balance.
-
- Absolutely agreed. I believe, however, that it can be improved.
-
- Bob
- --
- Bob Cain rcain@netcom.com 408-358-2007
-
- "There are some strings. They're just not attached."
- Victoria Roberts
-
-
- PGP 1.0 or 2.0 public key available on request.
-