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- Newsgroups: sci.crypt
- Subject: Re: Legal Stuff!
- Message-ID: <a_rubin.726171204@dn66>
- From: a_rubin@dsg4.dse.beckman.com (Arthur Rubin)
- Date: 4 Jan 93 18:13:24 GMT
- References: <a_rubin.724977120@dn66> <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66> <1992Dec25.060924.14629@netcom.com>
- Organization: Beckman Instruments, Inc.
- Nntp-Posting-Host: dn66.dse.beckman.com
- Lines: 47
-
- In <1992Dec25.060924.14629@netcom.com> tenney@netcom.com (Glenn S. Tenney) writes:
-
- >In article <a_rubin.725045922@dn66> a_rubin@dsg4.dse.beckman.com (Arthur Rubin) writes:
- >>> (I said)
- >>>If you import a box made using
- >>>a patented process, that box can become an infringing device.
- >>
- >>Wrong again. Using PGP to read or send email appears to violate the
- >>patent. Using something made by a patented process (as opposed to the
- >>object itself being patented) is not illegal.
-
- >You might not like the law the way it is, but you are just plain WRONG.
-
- >35 USC 271 (g)
- >"Whoever without authority imports into the United States or
- >sells or uses within the United States a product which is made by a
- >process patented in the United States shall be liable as an infringer, if
- >the importation, sale, or use of the product occurs during the term of
- >such process patent. In an action for infringement of a process patent,
- >no remedy may be granted for infringement on account of the non-
- >commercial use or retail sale of a product unless there is no adequate
- >remedy under this title for infringement on account of the importa-
- >tion or other use or sale of that product. A product which is made by
- >a patented process will, for purposes of this title, not be considered to
- >be so made after --
- > (1) it is materially changed by subsequent processes; or
- > (2) it becomes a trivial and nonessential component of another product."
-
- OK, I may be wrong (how is "imported" defined _this_ time), but it's
- irrelevant to importing of PGP, or, in fact, PGP messages. A PGP-encrypted
- message probably is argueably "made by a process patented in the United
- States", but PGP source/object code is not. PGP code is not "an
- implementation of a patented process".
-
- In regard PGP messages, even if "imported ... product" applies to
- information, the "importer" of E-mail is probably the first US site
- receiving it, rather than the addressee. The "importer" of encrypted news
- would be all of the first US sites receiving it????
-
- Also, this code section seems to make individual infringement for PGP
- messages impossible to remedy, as the importer MUST be the one gone after.
-
- --
- 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.
-