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- From: mcgregor@netcom.com (Scott Mcgregor)
- Subject: Re: Patents: What they are. What they aren't. Other factors.
- Message-ID: <1992Nov10.031043.10436@netcom.com>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- References: <1992Nov4.152642.13664@murdoch.acc.Virginia.EDU> <1992Nov5.074758.29460@netcom.com> <5384.Nov819.10.4592@virtualnews.nyu.edu>
- Date: Tue, 10 Nov 1992 03:10:43 GMT
- Lines: 45
-
- In article <5384.Nov819.10.4592@virtualnews.nyu.edu> brnstnd@nyu.edu (D. J. Bernstein) writes:
- >In article <1992Nov5.074758.29460@netcom.com> mcgregor@netcom.com (Scott Mcgregor) writes:
- >> The RSA patent doesn't prevent ALL applications of multiplications of
- >> large primes, only the application to cryptology, a narrower domain.
- >
- >``A mathematical algorithm is not made statutory by `attempting to limit
- >the use of the formula to a particular technological environment.'
- >_Diehr_, 450 U.S. at 191, 209 USPQ at 10.''
-
- I assume that Bernstein interprets this quote as being at odds with my
- statement. If Bernstein is correct in his interpretation that RSA is
- nothing more than a mathematical algortithm, limited to a particular
- technological environment, then I would conclude that an infringer
- such as Zimmerman is at no risk from the RSA patent and may act
- accordingly, as the courts would undoubtedly strike the patent down in
- a court case with Bernstein's reasoning as justification
-
- Some readers might reasonably suspect that the courts may in fact
- treat the situation somewhat differently, regarding the issuance of
- the patent as indication that there is something else (process?)
- other than mere mathematical algorithm which made this statuatory
- material in the first place.
-
- I would find the courts reasoning upon actually facing this particular
- patent and Bernstein's arguments interesting, but I cannot be as sure
- of the ultimate result as Bernstein apparently can:
-
- >The U.S. Supreme Court does not ``appreciate this difference.''
-
- I'll wait until I see this particular case decided as Bernstein
- suggests. Paul Heckel's comments in the current CACM raise some
- questions about how they would really decide if faced with the case.
-
-
-
- --
-
- Scott L. McGregor mcgregor@netcom.com
- President tel: 408-985-1824
- Prescient Software, Inc. fax: 408-985-1936
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