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. |