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- Newsgroups: sci.crypt
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tenney
- From: tenney@netcom.com (Glenn S. Tenney)
- Subject: Re: Risks of Using PGP 2.0
- Message-ID: <1992Nov19.103737.16070@netcom.com>
- Keywords: legal, patent, export, ITAR
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1e9ka5INNbmt@roche.csl.sri.com> <a_rubin.722037007@dn66>
- Date: Thu, 19 Nov 1992 10:37:37 GMT
- Lines: 40
-
- In article <a_rubin.722037007@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin) writes:
- > ...
- >(3) Distributing source code with appropriate disclaimers (possibly as RSA
- >claims) is exactly what patent law was intented to encourage...
- >experimentation with concepts/ideas to create new ideas.
-
- Au contraire.
-
- The patent law says that "whoever without authority makes, uses or
- sells any patented invention ... infringes the patent" and "whoever
- actively induces infringement of a patent shall be liable as an
- infringer".
-
- Distributing copies of a patent is aok.
-
- Writing a book about it, discussing the whys and hows is aok.
-
- But, once you have a program, things are different -- perhaps unclear,
- but at least different. Executing the program is clearly using the
- patented invention and potentially an infringement. Nothing in the
- patent law encourages experimentation by infringing. It is clear
- that the purpose of distributing such source code is to USE the
- patent.
-
- Again, if you want to understand the ideas, or help others to understand
- them, then go write a book. There is NO WAY that a book can be
- construed as making or using a patented invention.
-
- Plus, any site making the code available might also find themselves
- infringers.
-
- Note that just because nothing is sold does not mean that the patent
- owner can't get damages including royalties.
-
-
-
- --
- Glenn Tenney
- voice: (415) 574-3420 fax: (415) 574-0546
- tenney@netcom.com Ham radio: AA6ER
-