Can RC4 still be construed as a trade secret or proprirtary to RSADS and Bizdos or are, as I understand from previous messages, we free to use RC4 now (ignoring the submarine patent issue)? A trade secret is just that, a secret. For parties unrelated to the holder of the secret, once it's no longer a secret, it's not a secret, and the former holder of the secret has no protection at all. In other words, if you're not, say, a BSAFE licensee, you are free to use the alleged RC4 algorithm. Let me repeat. If you've never made an agreement with RSADSI about not distributing their trade secrets, RSADSI has _no_ claim against you about the trade secret. (I don't know if the name "RC4" is trademarked.) Note the use of the word 'unrelated' in the sentence above. The situation is hazier there. Both licensees and agents (including employees) of the holder of the secret are liable for damages if they breach the trust of the secret holder by revealing the secret. This liability, however, does _not_ make the secret any less revealed. The former holder can sue for damages, assuming there's someone to sue and the damages can be ascertained. If you're the user of a product which includes RC4, like Lotus Notes, for example, the agreement between Lotus and RSADSI about protection of trade secrets doesn't apply to you, assuming you don't work for Lotus or RSADSI. You weren't a party to the agreement, and its terms don't directly affect thrid parties. You made a (shrink-wrap) agreement with Lotus, not RSADSI. Eric