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Article #2282

Re: PKP/RSA comments on PGP legality

#2282
From: Perry E. Metzger
Date: Wed, 23 Dec 1992 02:35
22 lines
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strnlght@netcom.com (David Sternlight) writes:
>
>Marc VanHeyningen asks "what license fee?" for RSAREF.
>
>I guess I have to spell it out. Some have argued that the most PKP
>could collect in a successful patent lawsuit is damages, i.e. license
>fees not paid, i.e. zero since RSAREF carries none.
>
>My post pointed out that PKP could also get legal fees.

But as my post has pointed out, it is rather unlikely given US Civil
law that anyone could recover legal fees as they are not routinely
awarded to the winner. Dan Quayle's Council on Competitiveness felt
that this was the reason lawsuits occur so much more often in the US
and wanted statutory reform that would change our system to follow the
U.K. rule under which fees are awarded.

I may be wrong about this, but I seriously doubt it.
--
Perry Metzger		pmetzger@shearson.com
--
Laissez faire, laissez passer. Le monde va de lui meme.
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Message-ID: <1992Dec23.023518.20062@shearson.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!shearson.com!snark!pmetzger
References: <1992Dec19.003019.19378@netcom.com> <1992Dec19.002123.10430@news.cs.indiana.edu> <1992Dec19.060226.28591@netcom.com>

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Path: arc1-ca.pugleaf.net!sparky!uunet!shearson.com!snark!pmetzger
From: pmetzger@snark.shearson.com (Perry E. Metzger)
Subject: Re: PKP/RSA comments on PGP legality
Message-ID: <1992Dec23.023518.20062@shearson.com>
Sender: news@shearson.com (News)
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References: <1992Dec19.003019.19378@netcom.com> <1992Dec19.002123.10430@news.cs.indiana.edu> <1992Dec19.060226.28591@netcom.com>
Date: Wed, 23 Dec 1992 02:35:18 GMT
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