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Article #2229

Re: Legal Stuff!

#2229
From: David Sternlight
Date: Tue, 22 Dec 1992 20:51
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Note--this discussion applies to the U.S. situation.

Toward the end of his latest message, Arthur L. Rubin finally reaches
a point on which we can agree. It is a legitimate question to ask if
the RSA patents are "legal" (whatever that means). One can ask
such a question about any patent, or indeed law.

The way to handle that, in my view, is not by reciting an incantation
("I don't think it's legal.") and then violating the patent (which IS
legal until ruled otherwise). Where I come from we call that "taking
the law into one's own hands", and despite the attempts to cloak that
act in legitimacy by citing civil disobedience of a historically
ethical character, this isn't about civil rights or freedom--it's
about whether one may use a specific patent for personal advantage
without paying.

Instead, the way to handle it is to challenge the patent. As I understand
it, the way you do that is by infringing, putting the patent holder
on formal notice you are so doing, and then if he wishes, adjudicate
the matter in court.

David
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Message-ID: <1992Dec22.205102.25943@netcom.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
References: <a_rubin.724977120@dn66> <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66>

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Newsgroups: sci.crypt
Path: arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!strnlght
From: strnlght@netcom.com (David Sternlight)
Subject: Re: Legal Stuff!
Message-ID: <1992Dec22.205102.25943@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <a_rubin.724977120@dn66> <1992Dec22.092736.21737@netcom.com> <a_rubin.725045922@dn66>
Date: Tue, 22 Dec 1992 20:51:02 GMT
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