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From: hanche@imf.unit.no (Harald Hanche-Olsen)
Newsgroups: comp.sources.d,sci.crypt
Subject: Re: a real-life patent issue. [it is not safe out there]
Message-ID: <HANCHE.91May22203428@hufsa.imf.unit.no>
Date: 22 May 91 18:34:28 GMT
References: <22734@yunexus.YorkU.CA> <1991May17.144807.29903@hellgate.utah.edu>
	<a_rubin.674776385@dn71> <19060:May2120:58:0591@kramden.acf.nyu.edu>
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In-Reply-To: brnstnd@kramden.acf.nyu.edu's message of 21 May 91 20:58:05 GMT

In article <19060:May2120:58:0591@kramden.acf.nyu.edu> brnstnd@kramden.acf.nyu.edu (Dan Bernstein) writes:

   In article <a_rubin.674776385@dn71> a_rubin@dsg4.dse.beckman.com writes:
   > Another message in a related thread stated (quoting actual patent law)
   > that only using or selling is an infringement -- making a patented
   > invention is not infringement.

   This is not correct. If someone invents the bottomless soap dish and
   patents it, then anyone who makes, uses, or sells bottomless soap dishes
   is liable for infringement. 

I have seen many references to this "makes, uses, or sells" notion of
the patent law, and it still has me somewhat confused.  Is there no
definition of what is meant by "making" and "using", or maybe
exceptions stated in the law?  The reason I am asking is this: I had
always thought it is ok to "make and use" a patented invention for the
purpose of exploring the patent and its applications.  Thus, if my
understanding is correct, we could all implement RSA, and we could
have a friendly competition over who makes the most efficient
implementation and so on, as long as we do not USE the system in the
sense of storing and/or transmitting encrypted data.  If we do the
latter, we infringe.  But by just exploring the possibilities, we do
not.  Have I got it wrong?  If I do, I have another question.  If a
professor gives a lecture in which she fires up Maple and steps
through the encryption/decryption parts of RSA as a demonstration,
does she then infringe??  Where is the limit to what you can do?

Just asking because I am confused - RSA isn't patented in my parts of
the world, so this doesn't really concern me directly...

- Harald Hanche-Olsen <hanche@imf.unit.no>
  Division of Mathematical Sciences
  The Norwegian Institute of Technology
  N-7034 Trondheim, NORWAY