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- Newsgroups: sci.crypt
- Subject: Re: [sci.crypt, et al.] Re: PKP/RSA comments on PGP legality
- Message-ID: <a_rubin.724723863@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 19 Dec 92 00:11:03 GMT
- References: <BzFsLK.825@cs.uiuc.edu> <1992Dec18.201426.15779@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 57
-
- In <1992Dec18.201426.15779@netcom.com> strnlght@netcom.com (David Sternlight) writes:
-
-
- >I don't know why Carl Kadie reposted this message, but feel it
- >necessary to repost my response since perhaps his repost means
- >the original message didn't make it here:
-
- >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.
-
- Not really. It seems to me what he said was that the patent is clearly not
- legal; but that PGP probably infringes on the patent. (Also, that
- prosecution is unlikely, but the primary reason it is unlikely that it
- would fail.)
-
- >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.
-
- It appears not to be violating the Munitions Act, only the regulations.
- The regulations are (in his specific opinion) contrary to the law. If you
- think the patent is valid, then ethically you cannot use PGP.
-
- ...
-
- >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.
-
- You said this already. The only way to test a patent that you think is
- invalid is to infringe and wait to be sued. (Well, this is another way,
- but it costs $2,000 - $10,000 filing fees in addition to legal costs.)
-
- ...
-
- >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.
-
- Fine. Don't use PGP.
-
- --
- 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.
-