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- Newsgroups: sci.crypt
- Path: sparky!uunet!shearson.com!snark!pmetzger
- From: pmetzger@snark.shearson.com (Perry E. Metzger)
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <1992Dec23.023108.19868@shearson.com>
- Sender: news@shearson.com (News)
- Organization: /usr/local/lib/news/organization
- References: <1992Dec17.150409.17696@news.columbia.edu> <a_rubin.724614902@dn66> <1992Dec19.003019.19378@netcom.com>
- Date: Wed, 23 Dec 1992 02:31:08 GMT
- Lines: 34
-
- strnlght@netcom.com (David Sternlight) writes:
- >
- >Arthur Rubin discusses the possibility of PKP going after end users.
- >It's worth noting that in such a case, they can ask for legal fees
- >as well, and if they win, the result could be very damaging to some
-
- Not here in the US they can't. We don't follow the UK rule concerning
- recovery of legal fees. Judges can award such compensation, but rarely
- do.
-
- >Others think that the legal costs of going after someone are high
- >and thus not worth it for PKP. It should be noted that PKP has
- >in-house as well as retainer counsel, and that the costs might
- >be quite low.
-
- So would the damages, however. Reasonably, PKP can't recover more than
- they are charging for a particular kind of damages, and prehaps a
- punitive damage award which won't in practice be more than a small
- multiple. Given the cost of MailSafe (under $100), lets say,
- optimistically, that they manage to collect $1000 from you in the
- suit. Its highly unlikely that any reasonable suit, even one that was
- settled out of court, would take so little time that $1000 would be a
- reasonable payback.
-
- Caution: I'm not a lawyer, so in spite of my familiarity with the
- legal system its unlikely to be a good idea to follow my advice. On
- the other hand, Sternlight hasn't proven to be a reliable source,
- whereas a professor at Columbia Law HAS argued that it would be
- impractical to sue end users.
-
- --
- Perry Metzger pmetzger@shearson.com
- --
- Laissez faire, laissez passer. Le monde va de lui meme.
-