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- Xref: sparky sci.crypt:6620 alt.security.ripem:90
- Newsgroups: sci.crypt,alt.security.ripem
- Path: sparky!uunet!wupost!csus.edu!netcom.com!strnlght
- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: Complete ITAR Available
- Message-ID: <1993Jan11.003432.15501@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1993Jan10.215609.3109@convex.com>
- Date: Mon, 11 Jan 1993 00:34:32 GMT
- Lines: 36
-
-
- Ed Hamrick offers the ITAR in machine readable form, and I look forward
- to reading my copy. In the meantime, his summary conclusion that
- ftp-able material is o.k. under ITAR seems weak to me because
- the justification involves language like "published" and
- "released". I would argue that if someone uploads software that
- violates patents, etc. that act, which some might consider theft,
- is not included in the notions of "published" or "released".
- But that's a tentative conclusion--don't let's argue about it
- until I've had a chance to read the ITAR.
-
- My point is that perhaps the law requires one to have the right
- to publish or release in order for the language quoted to apply.
- This is not yet a firm conclusion on my part, but should be read
- for now as an "uh, er," until I can read further. But I didn't want
- Ed's "conclusion" to stand undisputed.
-
- Putting it another way, if PGP infringes, then the author does not
- have the legal right to declare it public domain, in that he doesn't
- own the infringing portion. To see this clearly, suppose I upload a
- copy of Microsoft Word and declare it public domain. Saying so doesn't
- make it so, and Microsoft could not only prosecute me, but also anyone
- with a copy.
-
- Some have tried to argue that if they weren't the person uploading PGP
- originally, they could download and use it with impunity. As one can
- see from the above reduction ad absurdum, this cannot be or the only
- person Microsoft could go after would be the original uploader, but
- not those with copies of that upload. Worked examples include
- successful piracy prosecutions in the courts.
-
- David
- --
- David Sternlight
- RIPEM Public Key on server -- Consider it an envelope for your e-mail
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