Ianal, but I think jurisdictions may have issues with receiving and
using/profiting from stolen 'property', regardless of whether that property
is an information/intangible asset or a tangible asset.
In practical terms the information is 'published' as in available to a broad
range of readers.
Available != free to use without consequences in all possible circumstances.
As to the rights and wrongs at the centre of this thread - let the
discussions proceed!
Lyal
-----Original Message-----
From: full-disclosure-bounces@lists.grok.org.uk
[mailto:full-disclosure-bounces@lists.grok.org.uk] On Behalf Of J.A.
Terranson
Sent: Saturday, 30 July 2005 11:51 AM
To: Jason Coombs
Cc: Russell Smoak; full-disclosure@lists.grok.org.uk; nanog@merit.edu;
fergdawg@netzero.net
Subject: Re: [Full-disclosure] <Cisco Message> Mike Lynn's
controversialCisco Security Presentation
On Fri, 29 Jul 2005, Jason Coombs wrote:
<cutting to the chase>
Now, if RC4 had never been used to create a product and had been kept
as a trade secret, and that secret had been published, then it would
not have become, automatically, an unencumbered algorithm that could
be used by anyone with impunity. There being no way other than theft
of trade secret for a third party to come to know the algorithm, had a
court order been obtained to halt the spread of the secret the
algorithm itself could very well have been kept as protectable
intellectual property until such time as the company that enjoyed a
commercial advantage through preservation of their RC4 trade secret
had concluded the public distribution of a product that somebody else
could have reverse engineered.
The problem here is essentially one of mass distribution. There are now
*millions* of copies of these "secrets" in general circulation. Nobody can
assert with a straight face that anything about Lynn's presentation is not
completely and totally within the public view - and irretrievably so.
--
Yours,
J.A. Terranson
sysadmin@mfn.org
0xBD4A95BF
"A stock broker is someone who handles your money until its all gone." Diana
Hubbard (of Scientology fame)
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_______________________________________________
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