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- Newsgroups: sci.crypt
- Path: sparky!uunet!infoserv!lila!dorsey
- From: dorsey@lila.com (Bill Dorsey)
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <BzFvHE.po@lila.com>
- Sender: usenet@lila.com
- Reply-To: dorsey@lila.com
- References: <1992Dec17.215901.1948@netcom.com>
- Date: Fri, 18 Dec 1992 05:05:38 GMT
- Lines: 49
-
- David Sternlight replies to Eben Moglen's article on the reality of the
- situation regarding PGP legality. He clearly believes that his own idea
- of ethics is absolute when he says, "Using PGP in the US. is wronging the
- patent holders and violating the Munitions Act." (sic)
-
- He continues his tirade by bringing up hypothetical situations with no
- basis in fact about how using PGP could impact one's life/career in a
- negative manner. Naturally, he leaves out the hypothetical situations in
- which it could impact one's life/career in a positive manner.
-
- Next he begins his feeble attempt to discredit Eben Moglen's ethical and
- professional standing. He makes a ridiculous comparison between Moglen's
- suggestion that one might use PGP until one receives notification from PKP
- directly that one is in violation of their patent and "to saying commit a
- crime, and if the police catch you, then you can decide what you want to do
- about it." (sic) This comparison seems to imply that he doesn't understand
- the difference between patent law and criminal law. I'm not a lawyer, so I
- would encourage anyone that uses PGP to check with an attorney, but my under-
- standing of the law is that a patent holder must notify anyone they believe
- is in violation of their patent before pursuing remedies under the law. This
- sentiment seems to be echoed in Moglen's posting.
-
- His attack on Moglen continues when he questions Moglen's statement, "I very
- much doubt that PKP really believes that the domestic circulation of PGP violates
- the ITARs" He claims Moglen is "winging it" by making this statement. He
- doesn't seem to consider the possibility that Moglen is basing this statement
- on his knowledge of the ITAR and the assumption that PKP's attorneys possess
- similar knowledge and are likely to draw similar conclusions based on legal
- experience rather than wishful thinking.
-
- He concludes his attack on Moglen by suggesting that Moglen's characterization of
- PKP's attempt to protect their property rights as a "temper tantrum" shows that
- Moglen must be a party at interest. This seems improbable at best. In fact,
- as Brutus' once said, "Methinks thou doest protest too loudly." In fact, Mr.
- Sternlights motives are drawn into question by his lengthly exposition on "The
- Ethical and Legal Reasons not to use PGP in the US." He backs up this possibility
- when he concludes, "I've been in communication with Jim Bidzos [of PKP] on a
- regular basis..."
-
- Not everyone shares Sternlight's opinion that "RSA has patents on a wonderful
- invention and they are entitled to the fruits of their work." See esp. the FSF's
- position on algorithmic patents for an opposing view.
-
- ---
- Bill Dorsey "Most people mistake law for justice and authority for
- dorsey@lila.com liberty. You will hear them talk of 'liberty under law,'
- ripem public key and they are content to see it so deep under the law that
- on request it is completely obliterated." -- Herbert Spencer
-
-