🚀 go-pugleaf

In <1992Dec21.203115.12176@netcom.com> strnlght@netcom.com (David Sternlight) writes:

>No, it carries two separate thoughts: 1. PGP cannot be imported legally
>since it violates RSA's patents. Patents cover copying, possessing,
>or use, and where Vesselin got the idea U.S. patents cover only
>use 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.

(1>) Do you have any basis for your premise that a computer program CAN
infringe a patent?  My understanding of the law (confirmed by some experts)
is that, as we don't have algorithm patents in this program, a computer
program alone cannot be covered by a patent.  The program must be RUNNING
on a computer before there is any infringement.

(2>) We've gone through this.  I haven't tracked the exception to the
exception to the exceptions in the regulations, but it is unclear whether
"public domain" (meaning essentially, published) crypto software is covered
by ITAR.

>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. It does not matter who did the
>importing; possession of illegally imported munitions is illegal.
>Maybe in Bulgaria what is physically possible is equivalent to what is
>legal, but not in the U.S.

See (1>) above re patents.

Re ITAR, see (2>) above.  In addition, it is not clear to me that
possession of illegally imported "munitions" IS illegal.  It may be, but
the law is sufficiently unclear that it might not be.


--
Arthur L. Rubin: a_rubin@dsg4.dse.beckman.com (work) Beckman Instruments/Brea
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