From: Greg Broiles <gbroiles@netbox.com>
Date: Tue, 21 Jan 1997 07:11:33 -0800 (PST)
To: orwant@media.mit.edu
Subject: Re: Disseminating public-key crypto source code
Message-ID: <199701211511.HAA07025@toad.com>
MIME-Version: 1.0
Content-Type: text/plain


At 01:11 PM 1/20/97 -0500, Jon Orwant wrote:

>	2) PKPesque: Using public-key crypto is an infringement,
>		     although disseminating/possessing the source
>		     code is not.

Disseminating (and even writing) the source code may be an infringement. 35
USC 271 says:

"Infringement of patent

(a) Except as otherwise provided in this title, whoever without authority
makes, uses, or sells any patented invention, within the United States
during the term of the patent therefor, infringes the patent.

(b) Whoever actively induces infringement of a patent shall be liable as an
infringer.

(c) Whoever sells a component of a patented machine, manufacture,
combination or composition, or a material or apparatus for use in
practicing a patented process, constituting a material part of the
invention, knowing the same to be especially made or especially adapted for
use in an infringement of such patent, and not a staple article or
commodity of commerce suitable for substantial noninfringing use, shall be
liable as a contributory infringer. [...]"

Sorry. Software/algorithm patents make it difficult to develop and
distribute free software. If that pisses you off, tell your congresspeople
you don't like software/algorithm patents. Perhaps someday Congress will
develop a sensible scheme for "protecting" creators' rights in their
software. But they haven't yet.


--
Greg Broiles                | US crypto export control policy in a nutshell:
gbroiles@netbox.com         | 
http://www.io.com/~gbroiles | Export jobs, not crypto.
                            |