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Security Innovation

pgupta1984 Apr 1st, 2012 596 Never
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  1. From: pjenney@securityinnovation.com
  2. To: Patrick Lenz
  3.  
  4. Hello,
  5.  
  6. NTRU is not a public domain algorithm and is not to be freely distributed as
  7. indicated in this project description. Please refer to US patents:
  8.  
  9. PAT. NO. Title
  10. 1 7,308,097 Digital signature and authentication method and apparatus
  11. 2 7,031,468 Speed enhanced cryptographic method and apparatus
  12. 3 6,959,085 Secure user identification based on ring homomorphisms
  13. 4 6,298,137 Ring-based public key cryptosystem method
  14. 5 6,081,597 Public key cryptosystem method and apparatus
  15.  
  16. ... plus corresponding patents world wide. Of these, the code certainly
  17. infringes 6,081,597 and possibly 7.031,468 and 7,308,097.
  18.  
  19. We would appreciate your removing this project from the public domain
  20. immediately.
  21.  
  22.  
  23. ************************************************************************
  24.  
  25.  
  26. From: Prashand Gupta
  27. Sent: 2/6/2011 9:42:06 PM
  28. To: pjenney@securityinnovation.com
  29.  
  30. Dear Mr Jenney;
  31.  
  32. may I point out that source code is not patentable.
  33. My project contains only source code (and a third party library), so I don't believe there is a patent issue here.
  34. Thank you,
  35.  
  36. Prashand
  37.  
  38.  
  39. ************************************************************************
  40.  
  41.  
  42. From: Pete Jenney
  43. Sent: 2/7/2011 2:24:48 PM
  44. To: Prashand Gupta
  45.  
  46. Mr. Gupta,
  47.  
  48. Thank you for responding. Your project implements the NTRU algorithms which are intellectual property and patented globally.  It is not in the public domain.  If you wish to license the patents for your project we would be happy to discuss it.  Intellectual property licensing is a good portion of our business and we do have lawyers who can and will discuss it with you should you desire further information regarding the law.
  49.  
  50. Thank you in advance for complying with international patent and intellectual property rules.
  51.  
  52. Best regards,
  53.  
  54.  
  55. ************************************************************************
  56.  
  57.  
  58. From: Prashand Gupta    Date: 2/7/2011 3:14:17 PM
  59. To: pjenney@securityinnovation.com
  60.  
  61. Dear Mr Jenney;
  62.  
  63. thank you for your offer. I would be interested to hear your legal team's take on the patentability of source code and how it pertains to my project.
  64. If you could have them contact me, that would be most appreciated.
  65. Thank you,
  66.  
  67. Prashand
  68.  
  69.  
  70. ************************************************************************
  71.  
  72.  
  73. From: Pete Jenney
  74. Sent: 2/7/2011 5:36:12 PM
  75. To: Prashand Gupta
  76.  
  77. Dear Mr. Gupta,
  78.  
  79. It's not the source code but the algorithms; and that the algorithms are patented and _not_ released to the Public Domain.  
  80.  
  81. I'll point you to the US Patent and Trademark office and their description of IP Law and Policy (http://www.uspto.gov/ip/rules/index.jsp)  Its a good read and there's a boatload of information on what patents are all about.  
  82.  
  83. Patent attorneys don't have a "take" on IP patents and licensing, it their business. If you'd really like to speak to our patent attorney's, please provide a phone number and complete contact information.  They will assume its a discovery call and will present you with references to the law and options for licensing the patents for use in your applications, and the  etc.  
  84.  
  85.  
  86. ************************************************************************
  87.  
  88.  
  89. From: Prashand Gupta
  90. Sent: 2/8/2011 2:39:58 AM
  91. To: pjenney@securityinnovation.com
  92.  
  93. Dear Mr Jenney;
  94.  
  95. I don't mean disrespect, but perhaps it is you who needs to inform themselves about what is, and what isn't patent infringement.
  96.  
  97. Source code, to the best of my understanding, is not subject to patent restrictions even if it uses patented algorithms. There are well-known examples of such software, for example the LAME project (which is hosted on Sourceforge just like my project). Your lawyers may be able to educate you in this regard.
  98. Thank you,
  99.  
  100. Prashand
  101.  
  102.  
  103. ************************************************************************
  104.  
  105.  
  106. From: Pete Jenney
  107. Sent: 2/8/2011 3:45:29 AM
  108. To: Prashand Gupta
  109. Cc: Patrick Lenz
  110.  
  111. Der Mr. Gupta,
  112.  
  113. That's fine with us.  If you would like to challenge the US and Global patent laws regarding intellectual property its up to you.  At this point you will be sent a cease and desist notification which should you choose to ignore it, you will be contacted by the appropriate global intellectual property authorities in charge of protecting such assets.  We will also be contacting the freshemeat.org management (copied here) informing them that you are contesting international intellectual property laws and that the discussion will be made public. Please note that we've recently had a similar experience with Google and they immediately backed off on the grounds of IP protection.
  114.  
  115. Best of luck to you.
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