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- Xref: sparky sci.crypt:6110 misc.legal:21680
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!uwm.edu!uwm.edu!usenet
- From: rick@ee.uwm.edu (Rick Miller)
- Newsgroups: sci.crypt,misc.legal
- Subject: Re: PGP use Ethical and Legal Questions
- Date: 23 Dec 1992 11:15:01 GMT
- Organization: Just me.
- Lines: 39
- Message-ID: <1h9hnlINN5vm@uwm.edu>
- References: <1992Dec23.010544.5369@cbnews.cb.att.com>
- NNTP-Posting-Host: 129.89.2.33
- Summary: No Complaint == Customer Satisfaction
-
- jap@cbnews.cb.att.com (james.a.parker) writes:
- [...]
- >In addition, PKP has apparently not attempted to defend its patent against
- >PGP (although they know of its existence); this gives some merit to the theory
- >that PKP *knows* it has no legal standing.
- >
- >The answer at this point, then, is it is unknown. Unless and until the matter
- >is adjudicated in a court of law, the legal status is not known.
-
- I'm not a leec^H^H^H^Hlawyer, but I know that there is substantial precident
- in cases where some one *should* have *said* something, but didn't...
-
- A painter is contracted to paint a room in Acme's corporate offices. He paints
- it all right, but yellow with pink polka-dots! Never mind that he was told to
- paint it blue... some company drudge had walked through and *seen* it, and yet
- there had been no complaint. Because "the company" was 'aware' of the change,
- and didn't react by objecting, the change was upheld as "approved".
-
- This same thing confronts *anyone* who contracts labor of just about any sort.
- What about RSA/PKP? They've undoubtedly known of PGP 2.1, yet have not taken
- any action (that I know of) to defend their patent... this signifies approval
- by default in my eyes. The only objection they seem to have (according to the
- RSAREF license) is that PGP doesn't use the software libraries written by RSA.
-
- I mean, since RSAREF's license puts the RSA _algorithm_ "in the clear" for
- personal, private, and educational uses (just what PGP2.1 is for, de facto...),
- then the only thing RSA is left quibbling about is that PGP is using different
- source-code to do the same thing! Hey, if that were illegal then there could
- only be one flavor of UNIX[tm]!! or of *anything*!!!
-
- Essentially, RSA's RSAREF license says, "Because this is our proprietary
- algorithm, we're going to dictate that you only implement it with our source-
- code." The RSAREF license forbids any changes (other than those needed to
- port it, in C only, to other architectures). This means that you're not even
- allowed to *improve* it! I'm sure that someone could find a way to run their
- algorithm more efficiently, quicker, etc. ... but that's not allowed.
-
- Rick Miller <rick@ee.uwm.edu> | <rick@discus.mil.wi.us> Ricxjo Muelisto
- Occupation: Husband, Father, WEPCo. WAN Mgr., Discus Sys0p, and Linux fan
-