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- Newsgroups: sci.crypt
- Path: sparky!uunet!cis.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!cbnews!jap
- From: jap@cbnews.cb.att.com (james.a.parker)
- Subject: Re: Legal Stuff!
- Organization: AT&T
- Date: Fri, 25 Dec 1992 17:22:33 GMT
- Message-ID: <1992Dec25.172233.1663@cbnews.cb.att.com>
- References: <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66> <1992Dec25.060924.14629@netcom.com>
- Lines: 21
-
- In article <1992Dec25.060924.14629@netcom.com> tenney@netcom.com (Glenn S. Tenney) writes:
- >35 USC 271 (g)
- >"Whoever without authority imports into the United States or
- >sells or uses within the United States a product which is made by a
- >process patented in the United States shall be liable as an infringer, if
- >the importation, sale, or use of the product occurs during the term of
- >such process patent.
-
- If the "process" is encryption of plaintext by a public key, then wouldn't
- the "product made by the process" be:
-
- o The public/private key pair, and
- o Text encrypted by the public key
-
- To cover the code, I would expect the statute to say something like, "product
- incorporating the process," or "product making use of the process". Case law
- may have (mistakenly, IMHO) extended the law to include this, but the statute
- listed doesn't seem to say that.
-
- James Parker
- jap@cb1focus.att.com
-