home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!swrinde!cs.utexas.edu!usc!news.service.uci.edu!beckman.com!dn66!a_rubin
- Newsgroups: sci.crypt
- Subject: Re: PKP/RSA comments on PGP legality
- Message-ID: <a_rubin.724370122@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 14 Dec 92 21:55:22 GMT
- References: <Bz7J39.8tD@acsu.buffalo.edu> <1992Dec13.192149.8211@netcom.com>
- <WCS.92Dec13192805@rainier.ATT.COM> <1992Dec14.014118.11612@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 73
-
- In <1992Dec14.014118.11612@netcom.com> strnlght@netcom.com (David Sternlight) writes:
-
-
- >Bill Stewart corrects my understanding of PGP and IDEA (thanks), which
- >suggests that troubles for possession and/or use of PGP2.x in the U.S.
- >can also come from the Munitions Act since PGP is based on an import
- >of the IDEA implementation, rather than domestic coding of the IDEA
- >algorithm.
-
- >If my understanding is now accurate that PGP2.x violates both the
- >Munitions Act and PKP's patents, and that this violation is occasioned
- >not just by use but also by possession in the U.S., then it would seem
- >prudent to get it off one's U.S. computers and any U.S. net
- >sites--Internet, Usenet, Fidonet, anynet. Presence on a bulletin board
- >system may be just what someone needs to close down that system.
-
- The Munitions Act? Possibly, as it does seem (according to RSA) that the
- Munitions Act forbids import of munitions. Possession of PGP clearly does
- NOT violate PKP's patents. One might say that possession implies
- incitement to use, but that does not seem likely. (Of course RSA/PKP can
- sue anyone they want to.) Of course, anyone outside the U.S. can use it
- unless the exporting site or the user has similar laws to the (U S)
- Munitions Act.
-
- >As for the argument that some make that "you" will probably neither get
- >caught nor prosecuted for this illegality, the ethics of that position
- >are open to the most serious questions (assuming my understanding
- >of the underlying situation is accurate).
-
- Use of a patent later determined to be improper is and was always legal.
- It's risky, but legal.
-
- >Finally, given my understanding, the notion that if it's uploaded all
- >over the place, what can "they" do seems to betray a lack of both
- >realism and ethics. Try the argument that if lots of people take
- >cocaine, what can "they" do? to see this.
-
- Agreed.
-
- >The proposal to produce a de novo version here in the U.S., based on
- >the IDEA algorithm (if published and the IDEA folks permit it), and
- >RSAREF (assuming RSA will license RSAREF for PGP), in contrast seems
- >both ethical and legal, if I understand this correctly.
-
- It seems unlikely that US and foreign programs can be maintained in synch,
- without violating the Munitions Act, unless the program being published
- makes it not subject to the Munitions Act, which (as far as I know, and not
- contradicted by RSA's statement) still open.
-
- >For completeness and to acknowledge a particular position (with which
- >I disagree), some feel that it's absurd to prevent use of something
- >here that's widespread in Europe, and are willing to take a chance in
- >order to press that. Others feel that PKP's patents are over-broad and
- >are willing to confront on that issue. That's got to be an individual
- >and conscious choice, which should be made clear to others, so nobody
- >gets or uses PGP under the impression it's "o.k." My own position is
- >that if one thinks a law or situation is incorrect, one moves to get
- >it changed, if possible. One does not take the law into one's own
- >hands. One particularly doesn't take innocent bystanders down with
- >one.
-
- Patent law is self-enforcing; i.e. patent violations are (usually) not
- criminal, but civil. Hence you really can't say that people use PGP are
- violating patent law, unless PKP (at their expense) makes that claim in
- court.
-
- Note: I do not have PGP on any machines (I personally) have access to.
-
- --
- Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
- 216-5888@mcimail.com 70707.453@compuserve.com arthur@pnet01.cts.com (personal)
- My opinions are my own, and do not represent those of my employer.
- My interaction with our news system is unstable; please mail anything important.
-