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- From: strnlght@netcom.com (David Sternlight)
- Subject: Re: Complete ITAR Available
- Message-ID: <1993Jan11.172610.1281@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1993Jan10.215609.3109@convex.com> <1993Jan11.003432.15501@netcom.com> <8587@charon.cwi.nl>
- Date: Mon, 11 Jan 1993 17:26:10 GMT
- Lines: 38
-
-
- dik winter says following the logic of my message that PGP would
- infringe ITAR only if it infringed the patent and thus the patent
- case would have to be decided first.
-
- That's not the way the law works. The patent is presumptively valid
- unless and until it is overturned. Thus a conviction could be
- obtained under ITAR (assuming the argument is correct), and the
- issue of the patent's validity would have to be raised separately
- or on appeal.
-
- In any case, as I read the ITAR, it says what's permitted in
- this area, not what's forbidden. Thus PGP (assuming the
- argument) would not be permitted. Thus it's a violation,
- since it's not included in what's permitted.
-
- Before someone is tempted to respond with counter-arguments,
- let me say that only an attorney can probably get to the
- bottom of this, and the thread is already tiring many.
-
- Out of respect for the sensibilities of those individuals,
- let me say to make it easy to terminate this part of the
- conversation that it's all speculation, counter-arguments
- are perfectly valid, and let's move on. We're not going to
- decide this one based on smart non-attorneys exercising
- what they think to be logic, since the logic of the law
- is quite different (and specialized) compared to "layman's
- logic."
-
- I have a position that says that at least it's risky, and I'm
- not going to do it. Others have positions arising out of quite
- different assumptions and motivations.
-
- David
- --
- David Sternlight
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