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Re: Irony of RSA Encryption

This is not legal advice, no attorney-client relationship is established, etc. etc. 


From: Raul Miller <moth@debian.org>
To: Paul Serice <serice@bigfoot.com>
CC: debian-legal Mailing List <debian-legal@lists.debian.org>
Subject: Re: Irony of RSA Encryption
Date: Fri, 15 Sep 2000 15:48:54 -0400

On Fri, Sep 15, 2000 at 02:14:01PM -0500, Paul Serice wrote:
> The assumption I would like to revisit is that software patents or
> copyright laws lead to closed software.

If you consider that an assumption, you'd better start by defining what
you mean by "closed software".

> Perhaps this too is a well-discussed, but RSA going into the public
> domain (early or not) is a significant and rare event.  It provides an
> excellent example and context for revisiting some basic assumptions.
>
> I'm merely making an observation (as the event passes before us in
> time) that the current laws can *** in most instances *** lead to open
> code.

Sure -- in the case of U.S. patents, they're only good for 20 years
after they're issued. [But remember that they also cover the period
between the time they're filed and the time they're issued, and this
period can cover a number of years.]
Just a correction. U.S patent term is now, upon issuance, 20 years from the filing date of the patent. It used to be 17 years from the date of grant/issuance. Also, the patent is only effective from grant - no liability for infringement before issuance of the patent while it moves through the U.S. Patent and Trademark Office. Soon, when publication in the U.S. goes into effect, there will be a right to "reasonable compensation/royalty" (something like that - I don't have the wording around) for the period after publication (almost always 18 months from the filing date) of the patent application and issuance of the patent. 



Copyrights last significantly longer. Typically, we'll all be dead (of
old age) long before they expire.

> Maybe something like the GPL only needs to be used for those few
> instances where people or corporations find ways to avoid the spirit
> of the patent and copyright systems.

I hope you don't mind if I wait till long after you die before I agree
with you.

--
Raul


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