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From: jim@randvax.UUCP (Jim Gillogly)
Newsgroups: net.crypt,net.legal
Subject: Re: RSA cryptographic algorithm patented?
Message-ID: <2610@randvax.UUCP>
Date: Thu, 25-Jul-85 14:03:00 EDT
Article-I.D.: randvax.2610
Posted: Thu Jul 25 14:03:00 1985
Date-Received: Tue, 30-Jul-85 04:36:07 EDT
References: <9028@ucbvax.ARPA> <490@calmasd.UUCP> <5810@utzoo.UUCP>
Reply-To: jim@rand-unix.UUCP (Jim Gillogly)
Organization: Banzai Institute
Lines: 19
Xref: linus net.crypt:392 net.legal:1536

I read the letter claiming a patent on the RSA algorithm and passed it to
Stockton Gaines, who knows about things like this.  His first impression was
the one given by several people on the net, that you can't patent an algorithm
or an idea.  However, since then he ordered and got a copy of the patent and
has changed his mind.  Apparently one kind of legally acceptable patent is
the "use" patent, which lays claim to certain uses of something.  The example
he gave is an inventor who discovers that a chemical can be used for something
unexpected.  For example, if you discover that aspartame will behave as a
room-temperature superconductor (different from its use as a sweetener), you
can patent any use of aspartame as a conductor.  These people have patented
the use of the RSA algorithm in encryption.  Apparently if you want to use
it as a good but slow random number generator you're still in the clear ...
as long as the random numbers aren't used to encrypt plaintext!

I'd be interested in reactions to this theory...
-- 
	Jim Gillogly
	{decvax, vortex}!randvax!jim
	jim@rand-unix.arpa