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Article #2476

Re: PGP use Ethical and Legal Questions

#2476
From: Glenn S. Tenney
Date: Fri, 25 Dec 1992 06:46
45 lines
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In article <1h9hnlINN5vm@uwm.edu> rick@ee.uwm.edu (Rick Miller) writes:
> ...
>This same thing confronts *anyone* who contracts labor of just about any sort.
>What about RSA/PKP?  They've undoubtedly known of PGP 2.1, yet have not taken
>any action (that I know of) to defend their patent... this signifies approval
>by default in my eyes.  The only objection they seem to have (according to the
>RSAREF license) is that PGP doesn't use the software libraries written by RSA.

Nice for a fairy tale, but we're talking about Federal patent law, 
not contract law.  You might want it to be this way, but...

> ...
>Essentially, RSA's RSAREF license says, "Because this is our proprietary
>algorithm, we're going to dictate that you only implement it with our source-
>code."   The RSAREF license forbids any changes (other than those needed to
>port it, in C only, to other architectures).  This means that you're not even
>allowed to *improve* it!  I'm sure that someone could find a way to run their
>algorithm more efficiently, quicker, etc. ... but that's not allowed.

When someone purchase a Xerox copier, they are not buying a license to
do what they want with the patented technology.  Yes, they own
the box and can modify or sell it to their heart's content, but
they are not being given the right to build infringing products
just because they have the right to own one.

The patent owner can choose how they license it.  RSA *has* licensed
it to many companies, and still offers commercial licenses.  Go back
to my comments about Xerox...  If you wanted to buy a kit to make
your own infringing copier 20 years ago, Xerox wouldn't accept a
license with you either.

There are some valid business reasons I can imagine why RSA wouldn't
want the RSAREF interface to be changed -- there's much advantage to
a signle standardized interface.  But *you* can, based on my reading
of the new license, improve it's efficiency.  I'm waiting for
someone to ask for permission to do other things with it and
see what RSA says.  I'll hold off comments until then -- everyone
might be surprised if RSA says 'yes' to people wanting to change
things...


-- 
Glenn Tenney
voice: (415) 574-3420      fax: (415) 574-0546
tenney@netcom.com          Ham radio: AA6ER
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Message-ID: <1992Dec25.064648.16269@netcom.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!csus.edu!netcom.com!tenney
References: <1992Dec23.010544.5369@cbnews.cb.att.com> <1h9hnlINN5vm@uwm.edu>

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Newsgroups: sci.crypt,misc.legal
Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!csus.edu!netcom.com!tenney
From: tenney@netcom.com (Glenn S. Tenney)
Subject: Re: PGP use Ethical and Legal Questions
Message-ID: <1992Dec25.064648.16269@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <1992Dec23.010544.5369@cbnews.cb.att.com> <1h9hnlINN5vm@uwm.edu>
Date: Fri, 25 Dec 1992 06:46:48 GMT
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