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- Xref: sparky sci.crypt:5843 alt.security.pgp:271
- Newsgroups: sci.crypt,alt.security.pgp
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!sdd.hp.com!swrinde!emory!rsiatl!jgd
- From: jgd@dixie.com (John De Armond)
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <t!brmfm@dixie.com>
- Date: Fri, 18 Dec 92 09:30:46 GMT
- Organization: Dixie Communications Public Access. The Mouth of the South.
- References: <1galtnINNhn5@transfer.stratus.com> <1992Dec17.150409.17696@news.columbia.edu> <1992Dec17.215901.1948@netcom.com>
- Lines: 64
-
- strnlght@netcom.com (David Sternlight) writes:
-
- >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.
-
- Dave, you bounce about better than a superball trying to salvage
- your position. Why not give it up? I don't suppose it occured
- to you that unless someone is convicted of the crime, it cannot
- be "known" that someone "violated the munitions act."
-
- >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.
-
- Strange how you intermix ethics and crime. Even if there is patent
- infringement involved, it is a civil matter so no criminal
- ethics are involved. On the civil side, things are far from as clear
- cut as you assert. The odds of the patent withstanding a challenge
- are low. Based on that conclusion, it is a simple matter of determining
- how much financial risk one is willing to take and/or how much one
- is willing to invest in fighting what he sees as a bad patent and
- a bad process.
-
- As to a judge putting a lien on your property, better hit the law books
- again. A judge may prohibit further infringement. A judge, after
- a trial in which the infringer loses, may fine the infringer and may
- even return punitive damages and may seize property to pay said damages
- but no lien is involved. Absent financial gain, I seriously doubt
- punative damages would be awarded and no actual damages can be proved
- so where does PKP end up? 'Bout where the Prof said they'd be.
-
-
- >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.
-
- why not? Because the patent may very well be bogus, even if it is,
- we Americans have already at least in part paid for it once and
- PKP has contributed nothing toward aiding the development of PGP.
- Enough for me.
-
- John
- --
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