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- Path: sparky!uunet!cis.ohio-state.edu!zaphod.mps.ohio-state.edu!usc!news.service.uci.edu!beckman.com!dn66!a_rubin
- Newsgroups: sci.crypt
- Subject: Re: Risks of Using PGP 2.0
- Message-ID: <a_rubin.722303208@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 20 Nov 92 23:46:48 GMT
- References: <1e9ka5INNbmt@roche.csl.sri.com> <a_rubin.722037007@dn66> <1992Nov19.103737.16070@netcom.com>
- Organization: Beckman Instruments, Inc.
- Keywords: legal, patent, export, ITAR
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 54
-
- In <1992Nov19.103737.16070@netcom.com> tenney@netcom.com (Glenn S. Tenney) writes:
-
- >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".
-
- Very well. Let's look at it. The patent seems to cover encryption of
- messages. Private encryption of files, even with a "public" key system
- seems NOT to be be covered. Hence, any code which does not include a
- mailer is allowable; hence desirable, because it allows further research on
- the concepts described in the patent.
-
- >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.
-
- As I said, executing the program and then transmitting the encrypted file
- is covered. Use of the program itself, is not. (And it is clear that the
- primary purpose of the code is either to use in violation of the patent or
- to discredit the patent, but discrediting the patent IS allowable.)
-
- >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.
-
- That's why no US sites make the code available. The patent is only valid
- in the US. (It's apparently not valid even in Canada, which normally
- recognizes US patents, but "software" or "algorithm" patents are NOT
- allowable in Canada.)
-
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-