Re: RSA Security and Red Hat, Inc. Sign Licensing Agreement

1999-11-29 Thread Aaron D. Turner


After about 2 weeks worth of research (talking to this list, RSA,
our lawyers, etc) I found that if your a company in the US, and you
want SSL to talk to IE or Netscape, you have to either:

- Break the law

or

- Buy a license from RSA (very expensive)

or

- Buy a commercial SSL implimentation (not cheap, but about 100 times
cheaper than getting a license from RSA)

Using only des/des3 won't work because you need a PK algorithm to
exchange the des/des3 keys.

-- 
Aaron Turner[EMAIL PROTECTED]  650.237.0300 x252
Security Engineer Vicinity Corp.
Cell: 408-314-9874  Pager: 650-317-1821   http://www.vicinity.com

On Wed, 24 Nov 1999, Tim Riker wrote:

 OK, so what is a distributor to do? ;-)
 
 In short: Is it possible to build OpenSSL without and code that is
 patent infringed, and still have it talk to Netscape and M$IE? What if I
 did:
 
 ./Configure --prefix=/usr --openssldir=%{openssldir} linux-elf \
 no-bf no-idea no-rc2 no-rc4 no-rc5 no-rsa no-sha
 
 to get just des/des3, is that enough? (the astute will notice that this
 will not build, but hey) It should be ok to leave in blowfish, but
 M$IE/Netscape do not have blowfish anyway right?

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Re: What US companies need to know about RSA

1999-09-22 Thread Aaron D. Turner


On Tue, 21 Sep 1999, Terrell Larson wrote:

 Aaron,
 
 My opinion on this is as follows (I'm not a lawyer but I've hired
 a few for opinions).  If you end up breaching the licence then RSA
 will have the right to revoke it from your company without
 compensation and secondly - they will have the right to refuse to
 sell you a new license in which case your company will have to
 stop using any and all products covered under the license AND they
 can sue you for damages - whatever they may be.

That would suck.  All my firewalls use RSA, my SecurID server does
too.  Oh, so do our HTTPS servers.  PGP uses RSA too.  Impact?  I've
lost my ability to do business with my customers.  All of a sudden I
lost a job.  Oops.
 
 It will cost THEM between 50,000 and 100,000 to fight the case and
 it will cost your company between 50,000 and 100,000 to defend
 itself - unless your company is smart and just says - "Lets go
 talk to a judge" in which case it can be done for probably 10,000.  
 But Lawyers don't like to stand in front of a judge - they would
 rather spend the customers $$$ talking to other lawyers and
 negotiating because then they are still in control.

Yep, lots of $$$.  But their license is very strong, so they know
they'd win and likely recoupe and then some.

 Ok, In the end if your company loses it woudl have to probably
 compensate for costs and pay damages which might resonably be
 assessed at say $1.00.

Direct monetary damages yes.  But loose the ability to use any product
which uses the RSA algorthim would have horrific impacts on my
company.
 
 Now - the RSA patent expires in about a year I beleive and if you
 are using OpenSSL my understanding is that you "might" be
 breaching their patent.  But this patent probably has never been
 defended in court and therefore may in fact not be valid.  The USA
 PTO is guilty of issuing thousands of trivial and therefore
 invalid patents... but it costs about 100,000 in legal fees to get
 a court to declare a patent is invalid and most people don't think
 it is worth the trouble.

Agreed.  Why fight a patent lawsuit, when I can buy a $1,000 product
to solve my problem?

 OK... bottom line is use something like Blowfish - it is not
 covered by patent and is probably just fine.  A year from now you
 can switch to RSA if you feel the urge to do so.

Nope.  Blowfish is a symetric algorithm (shared secrets) while RSA is
a public key.  They serve two very different functions in SSL.  I
could use DHA, which is available for free and is public key, but
nobody in the commercial world impliments it.

 Note:  I doubt very much that RSA would bother to sue your company
 for patent infringement because they need to demonstrate damages
 and if you are not selling a product in competition with them they

Damages = loss of revenue for them.

 will have a very hard time demonstrating any damages.  Therefore
 it is firstly unlikely they will waste their time on it and
 secondly the courts have a rule of not dealing with trivia and
 probably would refuse to hear the case anyway.  Finally, if you
 had not bothered to phone RSA they would not know or care about it
 anyway.

Probably not.  But is it a risk worth taking?  Not in my case.

 In any event, if I were your manager I would be asking why you are
 spending company time and why we were paying you to waste lawyers
 time and piss off the RSA people over trivial matters which can be
 avoided.  

As a matter of fact, my manager was very happy and impressed with my
throughness in the matter.  Any manager who gets pissed off at someone
for doing a through job shouldn't be managing anything bigger than an
ant farm IMHO.

 Even if RSA were to complain - your defense could be
 "sorry, we'll remove that...  no harm done."  Now, if you were

Oh, yeah, the "Ignorance is bliss defense".  That's *real* effective.

 selling a commercial product, and or real financial damages to RSA
 could result - then the situation might be different and it would
 make sense to be cautious.

What world do you live in?  Ever hear of software audits?  RSA may
choose to make an example out of us.  And knowing the US court system,
I'd probably loose and loose big.  But who knows?  I do know that it
is my responsibility that if I suggest the company use a product that
they understand the risks of doing so.  If our lawyers says we can
take that risk, then fine, but it's not my position, responisibility,
or job to make those decisions; and frankly I wouldn't want to.

Lastly, Keven called me back and appolgized for his earlier
conversation with me.

-- 
Aaron Turner[EMAIL PROTECTED]  650.237.0300 x252
Security Engineer Vicinity Corp.
Cell: 408-314-9874  Pager: 650-317-1821   http://www.vicinity.com

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Re: What US companies need to know about RSA

1999-09-20 Thread Aaron D. Turner

On Mon, 20 Sep 1999, Dave Neuer wrote:

 -Original Message-
 From: Aaron D. Turner [EMAIL PROTECTED]
 To: Stunnel Maillist [EMAIL PROTECTED];
 [EMAIL PROTECTED] [EMAIL PROTECTED]
 Date: Friday, September 17, 1999 5:43 PM
 Subject: What US companies need to know about RSA
 
 
 
 
 After a lot of research and talking with people from the Stunnel and
 OpenSSL lists, and 3 phone calls to RSA itself, I've learned far more
 than I ever wanted to know about RSA's patent and licensing. [Contrary
 to the last person who posted on this list, I found both Stunnel and
 OpenSSL lists very informative.]  I figured there were a lot of people
 out there who would benifit from this info.  Of course if you see any
 errors, feel free to let me know. Maybe I can get this added to some
 FAQ?
 
 I've suggested this before too, but the closer we get to September 2000, the
 less urgent it seems.

Still though, it's a very common question.
 
 
 Basically, all I wanted to do is run a generic SSL reverse proxy for a
 number of services/hosts.  I also wanted Client Certificates for added
 security.  All this was for internal use only type stuff like IMAP and
 secure access to internal web servers for my employees.  None of this
 is stuff that I make any money off of directly- ie. I'm not trying to
 sell anything with SSL or RSA in it
 
 If this is the case (ie, it's not part of a product or service you sell),
 why not just use RSARef?  You can't get it from RSADSI any more, but you can
 still get it, and the license would appear to permit this.

[disclaimer, I'm not a lawyer]

My understanding of the RSAref license does not support this.  My
understanding is that if I'm a corporate entity, I must license the
RSA algorithm directly or indirectly from RSA Security.  RSA also
supported this conclusion in my phone conversations with them.  The
problem revolves around the fact that they see my use of RSA as
enabler in my efforts to make money.  Hence I'm making money
indirectly from RSA and they want a (big) cut of that profit.

-- 
Aaron Turner[EMAIL PROTECTED]  650.237.0300 x252
Security Engineer Vicinity Corp.
Cell: 408-314-9874  Pager: 650-317-1821   http://www.vicinity.com

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What US companies need to know about RSA

1999-09-17 Thread Aaron D. Turner



After a lot of research and talking with people from the Stunnel and
OpenSSL lists, and 3 phone calls to RSA itself, I've learned far more
than I ever wanted to know about RSA's patent and licensing. [Contrary
to the last person who posted on this list, I found both Stunnel and
OpenSSL lists very informative.]  I figured there were a lot of people
out there who would benifit from this info.  Of course if you see any
errors, feel free to let me know. Maybe I can get this added to some
FAQ?

Basically, all I wanted to do is run a generic SSL reverse proxy for a
number of services/hosts.  I also wanted Client Certificates for added
security.  All this was for internal use only type stuff like IMAP and
secure access to internal web servers for my employees.  None of this
is stuff that I make any money off of directly- ie. I'm not trying to
sell anything with SSL or RSA in it.

Anyways, I found out that:

SSLv3 supports numerous public-key encryption algorithms.  However,
most SSL clients only support RSA for public-key.  So basically,
unless you use RSA, you can't talk SSL to 99% of the world.

If you are a U.S. company, you must somehow purchase a license for
RSA[3].  

If you purchase a piece of software (like Stronghold) that
includes the RSA library, it will include an applicable license for
RSA.  Basically C2Net (the "author" of Stronghold) purchases a RSA
license and then is allowed to distribute the RSA library with their
product.  

This RSA library license that you recieve with Stronghold, etc, can
not be legally transfered to another piece of software, because the
license requires you to use the RSA approved implimentation of the RSA
algorithm.  

The other option is to license the RSA library directly from RSA and
link your software to that.

To license RSA for use with OpenSSL/Stunnel for my "internal use only"
purposes would cost me *at least* ONE HUNDRED THOUSAND DOLLARS.  
Basically they wanted .075% of my company's revenue, and that this
$100K was just the DOWN PAYMENT.  Your pricing my vary, but the sales
rep indicated that this was what they charged everyone.

Or-

I could go out and buy one of the commercial[1] Stunnel-like
implimentations for about $1,000 per SSL proxy server.

Or-

I could just be illegal and download the RSAref[2] library and link
that with OpenSSL/Stunnel.  And on Aug. 20th, 2000, when the RSA
patent expires, I'd be legal.  (Though potentially liable for past
unlicensed use.)

So my options were:
1) Pay nothing, use RSAref with OpenSSL and be illegal.
2) Pay about $3,000 for some closed-source software that didn't have
all the features of the Open Source equivalent.
3) Pay at least $100,000 to use OpenSSL.

Patents suck.

 
1)  C2 Net's SafePassage Secure Tunnel http://www.c2net.com/
Celocom's SSR Server http://www.celocom.com/

2)  RSAref is a implimentation of the RSA algorthim for non-commercial
use in the U.S.  http://www.rsa.com/

3)  The RC5 algorithm is also patented and illegal to use in the US
without the RSA license.

-- 
Aaron Turner[EMAIL PROTECTED]  650.237.0300 x252
Security Engineer Vicinity Corp.
Cell: 408-314-9874  Pager: 650-317-1821   http://www.vicinity.com




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