home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky sci.crypt:5804 alt.security.pgp:249
- Newsgroups: sci.crypt,alt.security.pgp
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!caen!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <1992Dec17.215901.1948@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1galtnINNhn5@transfer.stratus.com> <1992Dec17.150409.17696@news.columbia.edu>
- Date: Thu, 17 Dec 1992 21:59:01 GMT
- Lines: 75
-
-
- Prof. Eben Moglen writes:
-
- (law professor's opinion about "realities of situation" omitted)
-
- Note that in no place does Moglen say use of PGP2.0 in the US. is legal. In no
- place does he say one isn't violating the Munitions Act. He even concedes it's
- a "civil WRONG" (emphasis added). What he says is that he thinks one is
- unlikely to be prosecuted/sued.
-
- This means the ethical position is still unchanged in this discussion. Using
- PGP in the US. is wronging the patent holders and violating the Munitions Act.
-
- Even for those who have no ethical concerns, suppose you were known to use it.
- It might jeopardize your ability to pass the scrutiny needed to obtain
- government employment, receive government research funds, or work on
- government contracts if somebody, somewhere, has a note in a file about you
- "violated Munitions Act." And you'd never know. Something to think about. Life
- is long, government files last forever, and some of the Yippees of the '60's
- now have government jobs.
-
- Next he says "a lawyer certainly might advise her client to wait for the
- patent-holder to assert his rights directly. When PKP sends you a personal
- letter claiming that you are infringing its patent, and asking you to take out
- a license, you can decide what you want to do about it."
-
- Right. First, that seems to me to be ethically analogous to saying commit a
- crime, and if the police catch you, then you can decide what you want to do
- about it. Second, what if PKP decides you had adequate notice via, say, the
- discussion here and elsewhere, and doesn't ask you to take out a license but
- instead hits you with a lawsuit, gets some judge to put a lien on your
- property (dunno if he can or not, but you get the point), or in some other way
- makes your life vastly inconvenient. It isn't as simple as the Professor makes
- it.
-
- Then he says "I very much doubt that PKP really believes that the domestic
- circulation of PGP violates the ITARs"
-
- Over the years I've learned that when an attorney says something proceeded by
- "I very much doubt" or similar language, he's winging it, not expressing a
- statement of the law one can take to the bank. In any case unless the
- Professor's mind reading abilities are rather more well developed than my own,
- I doubt he knows what PKP believes.
-
- Finally, the Professor discredits himself (in my view) by characterizing PKP's
- attempt to protect their property rights as a "temper tantrum." At this point
- I think he's revealed himself as a party at interest, and a biased one, rather
- than a law professor dispensing dispassionate information from Olympus.
-
- Be very careful.
-
- In conclusion, what am I doing about all this? I've been in communication with
- Jim Bidzos on a regular basis, to try to get him to appreciate the negative
- impact on RSA's image all this is having, and to get him to consider some
- mutually reasonable position. One such might be for him to accept, for
- example, the Mailsafe fee (a special price he's made for "netters" of $50 as a
- voluntary gesture on his part--the commercial price is much higher) as
- liquidated damages for use of PGP, in return for rendering such use harmless
- by individuals who pay the fee. Other possibilities also come to mind. He's
- promised to think about it and consult with his attorneys.
-
- My position is clear. RSA has patents on a wonderful invention and they are
- entitled to the fruits of their work. To cheat them of those fruits is wrong,
- regardless of the legal situation outside the US., or whether one will get
- caught or not.
-
- Now a word to my colleagues all over the world. Though you may be able to (or
- think you may be able to) use PGP with impunity, why not voluntarily send RSA
- a reasonable contribution for their invention--think of it as a shareinvention
- fee analogous to a shareware fee. Say $20. A large number of such gestures
- might change the context of the situation overnight. Note that this is my
- personal suggestion, and I have not discussed it with anyone.
-
- David
-
-