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it's official: PKP sells out for Clipper
From the following document:
>PKP will also grant a license to practice key management, at no
>additional fee, for the integrated circuits which will implement
>both the DSA and the anticipated Federal Information Processing
>Standard for the "key escrow" system announced by President Clinton
>on April 16, 1993.
more weasel words:
>Notice of availability of this invention for licensing
>was waived because it was determined that expeditious granting of
>such license will best serve the interest of the Federal Government
>and the public.
what else?
===cut=here===
From: [email protected] (Jim Gillogly)
Newsgroups: sci.crypt
Subject: DSA: NIST and PKP come to terms
Message-ID: <[email protected]>
Date: 11 Jun 93 20:56:44 GMT
Sender: [email protected]
Organization: Banzai Institute
This text was transcribed from a fax and may have transcription
errors. We believe the text to be correct but some of the numbers
may be incorrect or incomplete.
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** The following notice was published in the Federal Register, Vol.
58, No. 108, dated June 8, 1993 under Notices **
National Institute of Standards and Technology
Notice of Proposal for Grant of Exclusive Patent License
This is to notify the public that the National Institute of
Standards and Technology (NIST) intends to grant an exclusive
world-wide license to Public Key Partners of Sunnyvale, California
to practice the Invention embodied in U.S. Patent Application No.
07/738.431 and entitled "Digital Signature Algorithm." A PCT
application has been filed. The rights in the invention have been
assigned to the United States of America.
The prospective license is a cross-license which would resolve a
patent dispute with Public Key Partners and includes the right to
sublicense. Notice of availability of this invention for licensing
was waived because it was determined that expeditious granting of
such license will best serve the interest of the Federal Government
and the public. Public Key Partners has provided NIST with the
materials contained in Appendix A as part of their proposal to
NIST.
Inquiries, comments, and other materials relating to the prospec-
tive license shall be submitted to Michael R. Rubin, Active Chief
Counsel for Technology, Room A-1111, Administration Building,
National Institute of Standards and Technology, Gaithersburg,
Maryland 20899. His telephone number is (301) 975-2803. Applica-
tions for a license filed in response to this notice will be
treated as objections to the grant of the prospective license.
Only written comments and/or applications for a license which are
received by NIST within sixty (60) days for the publication of this
notice will be considered.
The prospective license will be granted unless, within sixty (60)
days of this notice, NIST receives written evidence and argument
which established that the grant of the license would not be
consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
Dated: June 2, 1993.
Raymond G. Kammer
Acting Director, National Institute Standards and Technology.
Appendix "A"
The National Institute for Standards and Technology ("NIST") has
announced its intention to grant Public Key Partners ("PKP")
sublicensing rights to NIST's pending patent application on the
Digital Signature Algorithm ("DSA").
Subject to NIST's grant of this license, PKP is pleased to declare
its support for the proposed Federal Information Processing
Standard for Digital Signatures (the "DSS") and the pending
availability of licenses to practice the DSA. In addition to the
DSA, licenses to practice digital signatures will be offered by PKP
under the following patents:
Cryptographic Apparatus and Method ("Diffie-Hellman")
No. 4,200,770
Public Key Cryptographic Apparatus and Method
("Hellman-Merkle") No. 4,315,552
Exponential Cryptographic Apparatus and Method
("Hellman-Pohlig") No. 4,434,414
Method For Identifying Subscribers And For Generating
And Verifying Electronic Signatures In A Data Exchange
System ("Schnorr") No. 4,995,082
It is PKP's intent to make practice of the DSA royalty free for
personal, noncommercial and U.S. Federal, state and local
government use. As explained below, only those parties who enjoy
commercial benefit from making or selling products, or certifying
digital signatures, will be required to pay royalties to practice
the DSA.
PKP will also grant a license to practice key management, at no
additional fee, for the integrated circuits which will implement
both the DSA and the anticipated Federal Information Processing
Standard for the "key escrow" system announced by President Clinton
on April 16, 1993.
Having stated these intentions, PKP now takes this opportunity to
publish its guidelines for granting uniform licenses to all parties
having a commercial interest in practicing this technology:
First, no party will be denied a license for any reason other that
the following:
(i) Failure to meet its payment obligations,
(ii) Outstanding claims of infringement, or
(iii) Previous termination due to material breach.
Second, licenses will be granted for any embodiment sold by the
licensee or made for its use, whether for final products software,
or components such as integrated circuits and boards, and regard-
less of the licensee's channel of distribution. Provided the
requisite royalties have been paid by the seller on the enabling
component(s), no further royalties will be owned by the buyer for
making or selling the final product which incorporates such
components.
Third, the practice of digital signatures in accordance with the
DSS may be licensed separately from any other technical art covered
by PKP's patents.
Fourth, PKP's royalty rates for the right to make or sell products,
subject to uniform minimum fees, will be no more than 2 1/2% for
hardware products and 5% for software, with the royalty rate
further declining to 1% on any portion of the product price
exceeding $1,000. These royalty rates apply only to noninfringing
parties and will be uniform without regard to whether the licensed
product creates digital signatures, verifies digital signatures or
performs both.
Fifth, for the next three (3) years, all commercial services which
certify a signature's authenticity for a fee may be operated
royalty free. Thereafter, all providers of such commercial
certification services shall pay a royalty to PKP of $1.00 per
certificate for each year the certificate is valid.
Sixth, provided the foregoing royalties are paid on such products
or services, all other practice of the DSA shall be royalty free.
Seventh, PKP invites all of its existing licensees, at their
option, to exchange their current licenses for the standard license
offered for DSA.
Finally, PKP will mediate the concerns of any party regarding the
availability of PKP's licenses for the DSA with designated
representatives of NIST and PKP. For copies of PKP's license
terms, contact Michael R. Rubin, Acting Chief Counsel for Technolo-
gy, NIST, or Public Key Partners.
Dated: June 2, 1993.
Robert B. Fougner, Esq.,
Director of Licensing, Public Key Partners,
310 North Mary Avenue, Sunnyvale, CA 94033
[FR Doc. 93-13473 Filed 8-7-93; 8:45 am]
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Forwarded by:
--
Jim Gillogly
Trewesday, 21 Forelithe S.R. 1993, 20:56