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- Xref: sparky sci.crypt:6144 misc.legal:21710
- Newsgroups: sci.crypt,misc.legal
- Path: sparky!uunet!cs.utexas.edu!wupost!uwm.edu!linac!att!att!ulysses!ulysses!smb
- From: smb@research.att.com (Steven Bellovin)
- Subject: Re: PGP use Ethical and Legal Questions
- Message-ID: <1992Dec24.015517.22962@ulysses.att.com>
- Date: Thu, 24 Dec 1992 01:55:17 GMT
- References: <1992Dec23.010544.5369@cbnews.cb.att.com> <1h9hnlINN5vm@uwm.edu> <1992Dec23.210202.8199@netcom.com> <bontchev.725149117@fbihh>
- Organization: AT&T Bell Laboratories
- Lines: 31
-
- In article <bontchev.725149117@fbihh>, bontchev@fbihh.informatik.uni-hamburg.de (Vesselin Bontchev) writes:
- > strnlght@netcom.com (David Sternlight) writes:
- >
- > > 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.
- >
- > How generous from their part, isn't it? Now, who the hell could be
- > those bad guys who will be going to sue you for usage of RSAREF?...
-
- You're reading too much into the change. The ``hold harmless''
- language is fairly conventional in such situations. I've seen it in
- many different contracts. It's not to guard against a specific, known
- contingency; rather, it's to guard against unknown ones. In this case,
- RSADSI is distributing some software covered by a PKP patent. Does
- RSADSI have the right to do so? A cautious attorney would demand
- letters from PKP verifying that RSADSI has that right, and letters from
- MIT and Stanford -- the patent holders -- verifying that they've given
- PKP the right to grant sublicenses. After all, how do we *know* that
- PKP really has that right? Their corporate name isn't on any of the
- patents.
-
- The hold harmless clause is RSADSI's way of saying that they're very
- confident that you don't have to worry. Not that there's any real
- doubt about RSADSI's rights here -- but there have been enough
- allegations of improper behavior that adding the clause is cheap
- insurance.
-