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- Xref: sparky sci.crypt:6133 misc.legal:21698
- Newsgroups: sci.crypt,misc.legal
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: PGP use Ethical and Legal Questions
- Message-ID: <1992Dec23.210202.8199@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Dec23.010544.5369@cbnews.cb.att.com> <1h9hnlINN5vm@uwm.edu>
- Date: Wed, 23 Dec 1992 21:02:02 GMT
- Lines: 39
-
-
- Rick Miller makes a couple of legal arguments, that I, as a fellow
- non-attorney, think incorrect.
-
- 1. He asserts that until a patent is tested in court its status
- is indeterminate. I think this is a misstatement of law. I believe
- the law is that until a patent is overthrown in court it is valid.
- That's a very different matter, and leads to such things as
- retrospective damages from the time of the verdict.
-
- 2. He seems to make an argument that the RSAREF license, in effect,
- puts RSA for non-commercial use in the public domain. It does not.
- What it does is permit the use of RSAREF by those to whom RSA
- gives the license. Again, legally that's quite a different matter
- and as I understand it, in no way reduces RSA/PKP's rights.
-
- By the way, has no one noticed that in the license RSA agrees to
- defend any licensee against any lawsuits for patent violation
- (for use of unmodified RSAREF) without limit. That, and much else
- in the license agreement, seems to me to put paid to the various
- nasty inferences made by some (I'm speaking generally, not
- particularly about Miller) here about RSA's motives, particularly
- since the license is free.
-
- It seems to me that RSA is bending over backwards to make the
- stuff available for non-commercial use, while acting as any
- reasonable person would to protect their patent and property
- rights.
-
- I understand from Jim Bidzos that they're going to go even further.
- As soon as they get their administrative act together, those who
- request RSAREF directly from RSA (U.S. and Canadians only, I suppose)
- will also get anything that uses RSAREF as well, such as RIPEM and
- other goodies.
-
- David
- --
- David Sternlight
- RIPEM key on server
-