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Article #2529

Re: Legal Stuff!

#2529
From: Glenn S. Tenney
Date: Sat, 26 Dec 1992 07:30
57 lines
3364 bytes
In article <QHZVBBVV@cc.swarthmore.edu> eoliver@ralph.cs.haverford.edu (Erik Oliver) writes:
>At the risk of getting myself into deep **** (choose the word of your
>choice), I must say, that I see the import and installation of PGP on my
>machines and my usage of it as a form of protest.

As long as you accept that the current laws would likely (are?)
interpretted that what you are doing is an illegal protest, then
that's fine.  You are willing to place your neck/pocketbook on
the line for your beliefs -- that's a very good thing.  However,
if you don't believe that what you're doing *is* illegal, then
you should research it further before taking such a risk.  Just
because you feel that the law is wrong, or that the PTO is wrong,
does *not* mean that a judge  and jury would agree with you.

Plus, if you are using your school's machines, then are they
in agreement with your protest?  Are they willing to place
their entire school on the line for your protest?

Don't misread me.  I'm neither saying you should or should not
take such a protest.  I am saying that when you're going to
knowingly break the law you just need to be sure you know what
you're doing.  Civil disobedience is something which many of us
need to do -- but only when we are aware of the results of our
actions.

>
>By privately maintaining floppies with source code as well as installing
>PGP on my machine, I am guaranteeing my ability to securely use my
>computer without pryihng eyes reading my files.  Also, I am protesting
>the idea that software/algorithms are patentable.  Modern Computer
>technology is changing way too rapidly for a 17 year lock on a market.

If you want to keep people from prying at your computer files,
then go out and buy any of a number of encryption/protection
programs; or use a public domain one -- that does not infringe a
patent.  For sake of discussion, assume that the patent IS valid
(btw, the law says that once a patent is issued, that it must be
assumed to be valid in a court, you would have to prove it is not)
and tell a judge that you infringed so that you could keep
prying eyes from reading your files.  Do you think any judge would
condone breaking the law for that reason?

I agree that there are major problems with the patent system --
specifically with fast moving technology.  I'm on the IEEE
Intellectual Property Committee and we've been working up legislation
to attack that general problem (software is not the only problem).
My point is:  If you feel that there's something wrong with the system,
I think we would all be better off if the system were fixed rather than
just having protests.  Try to find ways to suggest constructive corrections
to the system.  



-- 
Glenn Tenney
voice: (415) 574-3420      fax: (415) 574-0546
tenney@netcom.com          Ham radio: AA6ER
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Message-ID: <1992Dec26.073054.20714@netcom.com>
Path: arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tenney
References: <1992Dec25.172233.1663@cbnews.cb.att.com> <1992Dec25.182510.10765@netcom.com> <QHZVBBVV@cc.swarthmore.edu>

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Newsgroups: sci.crypt,alt.security.pgp,alt.security.ripem
Path: arc1-ca.pugleaf.net!sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!tenney
From: tenney@netcom.com (Glenn S. Tenney)
Subject: Re: Legal Stuff!
Message-ID: <1992Dec26.073054.20714@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <1992Dec25.172233.1663@cbnews.cb.att.com> <1992Dec25.182510.10765@netcom.com> <QHZVBBVV@cc.swarthmore.edu>
Date: Sat, 26 Dec 1992 07:30:54 GMT
Lines: 57