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- Newsgroups: sci.crypt
- Subject: Re: Legal Stuff!
- Message-ID: <a_rubin.725045922@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 22 Dec 92 17:38:42 GMT
- References: <bontchev.724943800@fbihh> <1992Dec21.203115.12176@netcom.com> <a_rubin.724977120@dn66> <1992Dec22.092736.21737@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 65
-
- In <1992Dec22.092736.21737@netcom.com> tenney@netcom.com (Glenn S. Tenney) writes:
-
- >In article <a_rubin.724977120@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin) writes:
- >> ...
- >>(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.
-
- >When asking for legal advice, omitting even a tiny detail can
- >make all the difference. For example, you need to ask whether
- >using something produced USING a patented process can violate
- >that patent. In other words, technically of course, importing email
- >encrypted using PGP, *if* PGP violates a US patent, is something
- >that is not allowed by US patent law. Cut through all of this
- >software patent red herrings. If you import a box made using
- >a patented process, that box can become an infringing device.
-
- Wrong again. Using PGP to read or send email appears to violate the
- patent. Using something made by a patented process (as opposed to the
- object itself being patented) is not illegal.
-
- >As I started to mention above, your comments here about software
- >patents is bogus. The RSA patents are not patents of an algorithm.
- >They are applications of an algorithm. Fine line? Perhaps, but
- >many physical inventions are nothing more than applications of
- >various equations. The point is: Writing a book about a patent
- >is NOT infringing. Providing something that has the utility of
- >exercising (performing) a patent is likely infringing.
-
- Yes it is a fine line, and you are on the wrong side of it. PGP is an
- algorithm, so cannot be covered by a patent. "Making" the patentable
- process would be loading PGP onto a computer that can execute it, IF PGP
- has no non-infringing uses. "Useing" would be a specific infringing use.
-
- >>(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.
-
- >This is *VERY* clear. You may personally choose to ignore the ITAR,
- >and no one may come after you, but... Any company who wants to stay
- >in business has got to try to follow the laws. Let me give you an
- >example that I know to be true: A friend of mine published a
- >public domain FORTH system. This was widely available in bookstores,
- >by mail order, etc. This included books with full source code, and
- >machine readable disks. When they got an order to send one to the
- >USSR (this was 5-7 years ago), the Feds told them "No Way!". Could
- >they have sent it? Yes. Would they have gotten into Federal trouble?
- >Who knows? Did they? NO. Does it make sense? Not for computer
- >software, but this is a Federal bureaucracy.
-
- That doesn't mean the Feds read the law. I think we all agree that
- exporting PGP, and probably importing PGP, is in violation of regulations.
- Whether the regulations are legal (consistent with the authorizing law and
- the Constitution) is still open.
-
-
-
- --
- 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.
-