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Article #2573

Re: The PGP debate: Is it legal?

#2573
From: David Sternlight
Date: Mon, 28 Dec 1992 19:04
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Stephen Kawamoto is inaccurate in one of his assumptions, which makes
his conclusions doubtful.

PKP does not have a patent on the algorithm. As many here have pointed
out, algorithms cannot be patented. What they have is a patent on
a method, process, device. It is general and covers the notion
of public keys using a particular mathematical insight.

PGP uses the same method, process, device of public keys using the
RSA mathematical insight. That the details aren't identical doesn't
affect the validity of the patents in the U.S.

In Japan, were it patented there, it might. The Japanese patent system
is much more specific, which is how Japanese "steal" U.S. inventions
(according to some). They make minor modifications in the patented
device, and under Japanese law (but not U.S.  patent law), they are
entitled to a separate patent. In this way they surround a perfectly
good U.S. patent with Japanese patents that make it impossible for the
U.S. patent holder to use his invention in Japan without Japanese
permission. Naturally, the Japanese patent holders then only give
permission in a way that destroys the market and profits for the U.S.
patent holder--usually by forcing him to cross-license his patent to
the Japanese.  There have been several PBS programs and parts of books
written about this.

David
-- 
David Sternlight
RIPEM Public Key on server  --  Consider it an envelope for your e-mail
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Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!csus.edu!netcom.com!strnlght
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Path: arc1-ca.pugleaf.net!sparky!uunet!wupost!csus.edu!netcom.com!strnlght
From: strnlght@netcom.com (David Sternlight)
Subject: Re: The PGP debate: Is it legal?
Message-ID: <1992Dec28.190457.12206@netcom.com>
Organization: Netcom - Online Communication Services (408 241-9760 guest)
References: <18959@mindlink.bc.ca>
Date: Mon, 28 Dec 1992 19:04:57 GMT
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