At 01:35 PM 12/27/99 , Leland V. Lammert wrote:
>I also believe in SW patents, .. but the current farce with RSA, even you 
>have to admit, is stupid! Why cannot developers purchase a license (I do 
>not call $100,000 a license fee for ANYONE)?

Probably someone at RSA thinks they make more money by selling a few 
licenses at $100K (or $1M, or $10M) than by selling a lot of licenses at 
$1K or $10K. I don't know if they're right or not - but RSA employees and 
management are expected to build value for their shareholders, not make 
life easy for other people.

>  Why has RSA abandoned RSAREF?

Because it was no longer serving their purposes? My impression is that 
RSAREF was initially intended to serve two purposes - (1) to serve as a 
demonstration/toolkit for academics and developers, to let them get 
comfortable with several (then) contemporary developments in applied 
cryptography without cannibalizing sales from RSA's commecial toolkit 
business, and (2) to provide a PR backfire in the Phil Zimmerman-PGP/RSADSI 
dispute, by softening RSA's image as the Grinch of cryptography.

(1) has been better served for several years at least by SSLeay and now 
OpenSSL; and (2) was exploited by several firms - including C2Net, where I 
once worked - to build lower-cost webservers and other crypto products 
which were competitive with products sold by RSA itself as well as RSA's 
high-ticket licensees. I suspect that exploitation of (2) didn't make 
anyone at RSA very happy, and the individuals involved personally in the 
RSA/PRZ-PGP disagreements are no longer involved directly in the day-to-day 
management of the organizations involved, so that seems to have died a 
quiet death without ever reaching a resolution, so far as I can tell .. so 
I think (2) is no longer relevant.

I don't really see a reason for RSAREF to continue to exist; RSA has 
effectively allowed SSLeay/OpenSSL to become the RSAREF of the late 1990's 
by failing to pursue patent infringers inside the US who haven't used 
SSLeay/OpenSSL in a commercial fashion. (In fact, I've never heard of an 
infringement suit filed by RSA against any user of SSLeay/OpenSSL in any 
context.)

So .. why should RSA expend any resources on RSAREF? I think it makes more 
sense (as they've done) to allow the open-source market to use open-source 
code in an informal fashion without a lot of hassle, and to make 
development kits available to commercial customers relatively cheaply or 
for free in anticipation of later royalties. I think abandoning it makes a 
lot of sense.

>I think even you would have to agree that this is a SW patent gone WAY off 
>track.

I think it's one example of what patents can lead to - for better or for 
worse. I think it's reasonable to argue that RSA has simultaneously been 
the civilian cryptography industry's best friend and worst enemy. It's 
tempting, a week or so before Y2K, to argue that open source and free 
software and OpenSSL were inevitable, and that RSA (the company) and RSA 
(the patent) just stunted their development; but I'm not sure that's 
accurate. In particular, I'm skeptical that there would be any civilian 
cryptography industry at all if early participants didn't believe that they 
could create or license something which would allow them to have an 
advantage over their competitors - like the RSA patent, and what it's done 
to the web server and web client markets.

I do think that perhaps the software patent debate would be more profitably 
held somewhere else, or not at all.


--
Greg Broiles
[EMAIL PROTECTED]
PGP: 0x26E4488C

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