jouni.karvo at tkk.fi
Fri Oct 28 09:04:42 CEST 2005
Lauri Tischler writes:
> The point is that crypting algorithms are patented and/or licensed and
> only approved devices, CAMs, should be used to decrypt the stuff.
> Using SC is breaking the patent/license.
IANAL. My understanding is that patents do neither forbid _usage_ of
patentented technology, nor manufacturing a product using a patented
innovation for ones _own_ use. However, they forbid exploitation of
the patented technology by e.g. selling products with patented
innovations without a license.
If my interpretation is correct, there is no problem in producing a sc
for ones own use, but of course if someone other than the original
author of the the vdr-sc plugin is using it, the author of that plugin
is violating the patent. Whether the user of the plugin is breaking
any law in this case is unclear to me. Also, if the service provider
has some conditions on which devices to use the leased smartcard you
might be breaking them.
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