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- Newsgroups: sci.crypt,alt.security.pgp
- Path: sparky!uunet!haven.umd.edu!darwin.sura.net!Sirius.dfn.de!news.DKRZ-Hamburg.DE!rzsun2.informatik.uni-hamburg.de!fbihh!bontchev
- From: bontchev@fbihh.informatik.uni-hamburg.de (Vesselin Bontchev)
- Subject: Re: Legal Stuff!
- Message-ID: <bontchev.725032635@fbihh>
- Sender: news@informatik.uni-hamburg.de (Mr. News)
- Reply-To: bontchev@fbihh.informatik.uni-hamburg.de
- Organization: Virus Test Center, University of Hamburg
- References: <1992Dec18.153529.18137@penet.fi> <1992Dec19.211405.22406@netcom.com> <bontchev.724943800@fbihh> <1992Dec21.203115.12176@netcom.com>
- Date: 22 Dec 92 13:57:15 GMT
- Lines: 94
-
- strnlght@netcom.com (David Sternlight) writes:
-
- > >> Thus PGP does not violate the restriction
- > >> against exporting DES since it doesn't use DES, though it cannot be
- > >> imported legally into the U.S. where it violates RSA's patents. Some
- > >> argue it can't be imported into the U.S. without a Munitions Act
- > >> license either.
- > >
- > >The above statement, is a complete mess.
-
- > No, it carries two separate thoughts:
-
- It nevertheless is a complete mess, and you didn't bother to reply to
- my arguments - you didn't even quote them. Instead, you are
- introducing other messy arguments:
-
- > 1. PGP cannot be imported legally
- > since it violates RSA's patents.
-
- Could you qote the law that states that importing of patented devices
- is illegal?
-
- > Patents cover copying, possessing,
- > or use, and where Vesselin got the idea U.S. patents cover only
- > use is beyond me.
-
- From PKP's claims. They claim that "in North America [hey, they seem
- to think that Canada is part of the USA] a license is needed to make
- use and sell" RSA-based programs. Nowhere is stated that a license is
- needed from them to -import- such a product. (Note: we're not talking
- about the ITAR restrictions here, only about patent infringement.)
- Where David got the idea that a patent license is needed for importing
- is beyond me.
-
- > 2. PGP cannot be imported legally since
- > it violates the Munitions Act/ITAR, which requires a license for
- > importing, as well as exporting crypto, and PGP contains IDEA.
-
- "Some argue that it is so", but you said that it cannot be imported
- due to the patent restrictions...
-
- > Next Vesselin claims U.S. users may obtain PGP legally from a number
- > of U.S. sites, which he lists. He is mistaken. It is on those sites
- > illegally, for reasons stated just above, and ftping them to other
- > U.S. sites is just as illegal.
-
- The mistaken one is you. One of the sites quoted by me is in Canada.
- The ITAR regulations do not forbid export/import of crypto software
- to/from Canada. Canadians don't need a patent license to do whatever
- they want with PGP. Therefore, they have the full right to have it on
- their ftp site, exportable for the USA. The citizens of the USA have
- the full right to ftp it from there, because they do not break any
- ITAR restrictions (which are even not a law, sic!). Therefore, anybody
- in the USA is able to obtain a copy of PGP in a perfectly legal way.
- Whether they decide to actually use it, to consult a lawyer, to be too
- paranoid to do whatever with it, or to swamp the net with false claims
- about silly local laws is their own problem.
-
- > It does not matter who did the
- > importing; possession of illegally imported munitions is illegal.
-
- First, it definitively does matter who did the importing - if I import
- some drugs in your country, it will be me who will be prosecuted, not
- Joe Public. Second, is passession of any munitions in the USA really
- illegal? I thought that the Americans have the right to bear arms...
- You seem to claim that they do not, just as they do not seem to have
- freedom of speech, because it is considered conspiracy... I wonder if
- they (according to you) have any constitution at all...
-
- > Maybe in Bulgaria what is physically possible is equivalent to what is
- > legal, but not in the U.S.
-
- Maybe you are just not well informed what is legal in the U.S. and
- what is not?
-
- Two more points.
-
- 1) Patents cannot forbid the import of the source code of a program,
- especially if you intend to learn something from it. After all,
- wasn't the patent system invented just for that purpose?
-
- 2) PKP themselves claim in the RSA FAQ that they have a policy to
- allow free implementations of RSA for learning purposes.
-
- Maybe you should get your facts straight? Or, if you don't want to,
- maybe you should stop spoiling the pleasure of the others?
-
- Regards,
- Vesselin
- --
- Vesselin Vladimirov Bontchev Virus Test Center, University of Hamburg
- Tel.:+49-40-54715-224, Fax: +49-40-54715-226 Fachbereich Informatik - AGN
- < PGP 2.1 public key available on request. > Vogt-Koelln-Strasse 30, rm. 107 C
- e-mail: bontchev@fbihh.informatik.uni-hamburg.de D-2000 Hamburg 54, Germany
-