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- Xref: sparky sci.crypt:6055 alt.security.pgp:366
- Newsgroups: sci.crypt,alt.security.pgp
- Path: sparky!uunet!enterpoop.mit.edu!bloom-picayune.mit.edu!athena.mit.edu!olsen
- From: olsen@athena.mit.edu (James J Olsen)
- Subject: Re: Legal Stuff!
- Message-ID: <1992Dec22.180732.9933@athena.mit.edu>
- Sender: news@athena.mit.edu (News system)
- Nntp-Posting-Host: alfredo.mit.edu
- Organization: Massachusetts Institute of Technology
- References: <1992Dec18.153529.18137@penet.fi> <1992Dec19.211405.22406@netcom.com>
- Date: Tue, 22 Dec 1992 18:07:32 GMT
- Lines: 40
-
- In article <1992Dec19.211405.22406@netcom.com>
- strnlght@netcom.com (David Sternlight) writes:
-
- >I like the phrasing I came up with for this message: "using RSA's
- >invention without compensation". And the notion in that phrasing is
- >at the core of my ethical argument...
-
- Every day, we use inventions without compensating their inventors.
- For example, when I make a telephone call, I feel no obligation to pay
- money to the heirs of Alexander Graham Bell. This is not because of
- "self-interest", or a philisophical objection to hardware patents, but
- because the patent which Bell received was of only limited scope. The
- most obvious limitation is time, and the duration of Bell's patent has
- expired. However, there are other limits on the scope of a patent,
- which go hand in hand with the duration limit.
-
- One of the most fundamental limits is the nature of the patent itself.
- This may be best illustrated by contrasting patent and copyright
- protection.
-
- A copyright is the "exclusive right" to do certain things with a
- copyrighted work.
-
- A patent is the "right to exclude others" from doing certain things
- with a patented invention.
-
- Copyright infringement is, in itself, a violation of the copyright
- holder's "exclusive right". Patent infringement makes the infringer
- subject to the patent holder's "right to exclude others", which the
- patent holder may or may not exercise.
-
- Assume, for the sake of argument, that the PKP patent is valid and its
- subject matter is appropriate for patent coverage. If PKP does not
- exercise its "right to exclude others" by filing an infringement suit,
- what *specific* right of PKP's is a PGP user in the USA violating? If
- the use of PGP is violating no rights, how can it be unethical?
- --
- Jim Olsen -- olsen@mit.edu -- Vote Marrou in '92!
-
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