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Re: Patent infringement (fwd)
: This is the argument Schiller's message on 2.6 foreshadowed. However,
: there are some counterarguments you can make:
: - It's not clear that RSADSI has actually said that merely posting a key with
: the words "Version: 2.3a" in and of itself constitutes inducement or
: conspiracy to infringe the patent. Schiller speculated that running a key
: server which accepted pre-2.4 keys could represent contributory infringement
: but I haven't seen any statements from Bidzos that agree with this, let
: alone the stronger statement Sternlight is making.
Excuse me folks - I think we're missing a big point here: there's no
such crime as 'conspiracy to infringe' nor is it a civil offense. What
PKP are talking about is agrravated damages - *if* you are *breaking* one
of their patents, eg by *running* pgp, then because you are encouraging
others to do so by, say, also offering a keyserver service, they can
ask for larger damages because they'll say you're *flagrantly* violating
their patent and encouraging others to do so.
However, if you're *not* violating their patent, there's nothing they can
do about the 'encouraging others to do so' part. Running a keyserver,
as long as it doesn't run pgp to do its key management, is not infringing
PKP's patents, and they can't do anything about it - it's a question
of publishing and free speech. It's not even the more restricted
commercial speech - keyservers aren't a business.
I think if you read the MIT announcements closely you'll see what they
say is compatible with this view.