Changes to Bill and How to proceed
Dave Bird
dave at xemu.demon.co.uk
Tue, 17 Aug 1999 20:51:56 +0100
In article <1.5.4.32.19990817064933.006b8314@192.168.0.65>, Donald
Ramsbottom <donald@ramsbottom.co.uk> writes
>I agree with Nicholas, what is needed is a precise definition
>(internationally recognised) as to what is meant by "public domain" without
>it the usage is meaningless in every jurisdiction which does not define the
>same. I fear it will require a court case to decide what it actually means
>(in England & Wales at least) so a definiton could easily be added to the
>current EC bill or the EU commission could come up with the appropriate
>definition.
>
>I would suggest (wording to be tarted up by draftsmen) something along the
>lines of "all software (including ancillary technology [hard or soft]) which
>is currently freely available and whether or not subject to copyright or
>other civil restriction. freely available shall mean any product which may
>be purchased legally within any given jurisdiction or which is so widely
>available that restriction would prove futile" Not very elegant but you
>should get my drift.
I would suggest that "there should be no restriction on the export of
software if its actual cryptographic algorithms which set its level of
security are openly and generally available to know their operation
(whether or not subject to copyright or other fees) already, so that
export does not constitute disclosure of any cryptographic method not
already openly disclosed."
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