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- Xref: sparky sci.crypt:5955 alt.security.pgp:320
- Newsgroups: sci.crypt,alt.security.pgp
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!pacific.mps.ohio-state.edu!linac!att!cbnews!jap
- From: jap@cbnews.cb.att.com (james.a.parker)
- Subject: Re: PKP/RSA comments on PGP legality
- Organization: AT&T
- Date: Sat, 19 Dec 1992 22:16:17 GMT
- Message-ID: <1992Dec19.221617.2919@cbnews.cb.att.com>
- References: <1galtnINNhn5@transfer.stratus.com> <1992Dec17.150409.17696@news.columbia.edu>
- Lines: 32
-
- In article <1992Dec17.150409.17696@news.columbia.edu> em21@cunixf.cc.columbia.edu (Eben Moglen) writes:
- >I have been following with interest, and distress, the conversation
- >about legal risks in using PGP set off by Carl Ellison's posting of
- >a document said to reflect the legal position of PKP. Perhaps a
- >Columbia Law professor's views on these questions may be helpful. I'm
- >going to discuss the realities of the situation, without jargon,
- >rather than the legal technicalities. Those who want to discuss the
- >legal detail should feel free to contact me, but for legal advice I
- >usually get paid.
-
- A couple of questions, then:
-
- >PKP says that any user of PGP is "inducing" infringement. Here's the
- >reality of the situation. PKP is the licensee of a presumptively
- >valid US patent, which it claims PGP 2.1 infringes. If the patent is
- >valid, and PGP infringes, every user is not just inducing
- >infringement--he/she/it is infringing the patent.
-
- My understanding of US Copyright law is that to be held valid, a copyright
- holder must take action against known infringers. If the holder fails to
- do so, the protection of copyright is lost. Does this hold true for
- patents as well?
-
- >The Munitions Act bluster contained in the post is not even that
- >important. It's just ridiculous.
-
- Using the munitions act to restrict import/export of information not "owned"
- by the government seems a clear abridgement of freedom of speech and the
- press. Has the law ever been challenged on these ground?
-
- James Parker
- jap@cb1focus.att.com
-