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- Newsgroups: sci.crypt
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: Legal Stuff!
- Message-ID: <1992Dec22.205102.25943@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <a_rubin.724977120@dn66> <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66>
- Date: Tue, 22 Dec 1992 20:51:02 GMT
- Lines: 22
-
- Note--this discussion applies to the U.S. situation.
-
- Toward the end of his latest message, Arthur L. Rubin finally reaches
- a point on which we can agree. It is a legitimate question to ask if
- the RSA patents are "legal" (whatever that means). One can ask
- such a question about any patent, or indeed law.
-
- The way to handle that, in my view, is not by reciting an incantation
- ("I don't think it's legal.") and then violating the patent (which IS
- legal until ruled otherwise). Where I come from we call that "taking
- the law into one's own hands", and despite the attempts to cloak that
- act in legitimacy by citing civil disobedience of a historically
- ethical character, this isn't about civil rights or freedom--it's
- about whether one may use a specific patent for personal advantage
- without paying.
-
- Instead, the way to handle it is to challenge the patent. As I understand
- it, the way you do that is by infringing, putting the patent holder
- on formal notice you are so doing, and then if he wishes, adjudicate
- the matter in court.
-
- David
-