home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!paladin.american.edu!gatech!swrinde!zaphod.mps.ohio-state.edu!rpi!usc!news.service.uci.edu!beckman.com!dn66!a_rubin
- Newsgroups: sci.crypt
- Subject: Re: Legal Stuff!
- Message-ID: <a_rubin.724977120@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 21 Dec 92 22:32:00 GMT
- References: <1992Dec18.153529.18137@penet.fi> <1992Dec19.211405.22406@netcom.com> <bontchev.724943800@fbihh> <1992Dec21.203115.12176@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 40
-
- In <1992Dec21.203115.12176@netcom.com> strnlght@netcom.com (David Sternlight) writes:
-
- >No, it carries two separate thoughts: 1. PGP cannot be imported legally
- >since it violates RSA's patents. Patents cover copying, possessing,
- >or use, and where Vesselin got the idea U.S. patents cover only
- >use is beyond me. 2. PGP cannot be imported legally since
- >it violates the Munitions Act/ITAR, which requires a license for
- >importing, as well as exporting crypto, and PGP contains IDEA.
-
- (1>) Do you have any basis for your premise that a computer program CAN
- infringe a patent? My understanding of the law (confirmed by some experts)
- is that, as we don't have algorithm patents in this program, a computer
- program alone cannot be covered by a patent. The program must be RUNNING
- on a computer before there is any infringement.
-
- (2>) We've gone through this. I haven't tracked the exception to the
- exception to the exceptions in the regulations, but it is unclear whether
- "public domain" (meaning essentially, published) crypto software is covered
- by ITAR.
-
- >Next Vesselin claims U.S. users may obtain PGP legally from a number
- >of U.S. sites, which he lists. He is mistaken. It is on those sites
- >illegally, for reasons stated just above, and ftping them to other
- >U.S. sites is just as illegal. It does not matter who did the
- >importing; possession of illegally imported munitions is illegal.
- >Maybe in Bulgaria what is physically possible is equivalent to what is
- >legal, but not in the U.S.
-
- See (1>) above re patents.
-
- Re ITAR, see (2>) above. In addition, it is not clear to me that
- possession of illegally imported "munitions" IS illegal. It may be, but
- the law is sufficiently unclear that it might not be.
-
-
- --
- 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.
-