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- Newsgroups: sci.crypt
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tenney
- From: tenney@netcom.com (Glenn S. Tenney)
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <1992Dec29.074359.29906@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Dec22.003359.1777@netcom.com> <1992Dec29.003205.19992@unislc.uucp>
- Date: Tue, 29 Dec 1992 07:43:59 GMT
- Lines: 45
-
- I tried to keep quiet to get back to sci.crypt, but...
-
- In article <1992Dec29.003205.19992@unislc.uucp> erc@unislc.uucp (Ed Carp) writes:
- > ...
- > While it is true that
- >publishing something doesn't automatically make it public domain, in some
- >cases it may seriously weaken any claims of patent infringement. Not all,
- >of course, otherwise nothing would ever be published. :)
- >
- >On proprietary non-disclosed material, the restrictions on disclosure must be
- >fairly exacting, else one loses the protection afforded by declaring
- >something a "trade secret". Consider the Datapoint case of several years
- >back. Two programmers who had worked for Datapoint walked out with listings
- >of Datapoint DOS, rekeyed it, then sold it. The courts said that because
- >Datapoint hadn't taken steps to protect their copyrighted material (like
- >restricting access to listings and source code) they lost the protections
- >afforded herein.
-
- You are (a) confused on the laws, and (b) confusing patents, copyrights,
- and trade secrets.
-
- 1. Publishing something NEVER places it into the public domain UNLESS
- you publish is with a statement to that effect.
-
- 2. Various country's patent laws have different restrictions on when
- and how you must apply for a patent. For example, in the U.S., you can
- publish something before applying for the patent -- but the clock
- starts ticking to when you must file or it's too late. In other countries,
- if you publish before filing, you lose -- you can not file after that time.
-
- 3. Copyrights are VERY different from patents. Too much to say here
- except that basically patents protect the idea while copyrights protect
- the expression of the idea but not the idea itself.
-
- 4. The Datapoint case mixes employment contracts, trade secrets, and
- copyrights -- but we were talking about the RSA *patent*.
-
- I suggest that you obtain a better understanding of intellectual
- property issues.
-
-
- --
- Glenn Tenney
- voice: (415) 574-3420 fax: (415) 574-0546
- tenney@netcom.com Ham radio: AA6ER
-