Gentoo Archives: gentoo-dev

From: Joshua Kinard <kumba@g.o>
To: gentoo-dev@l.g.o
Cc: licenses@g.o
Subject: Re: [gentoo-dev] Guidance on distributed patented software
Date: Sat, 25 Sep 2021 19:44:26
Message-Id: 3cae0e4a-b19d-16a2-11b5-037d8cdfe763@gentoo.org
1 On 9/24/2021 03:55, Hanno Böck wrote:
2 > On Fri, 24 Sep 2021 03:46:51 -0400
3 > Joshua Kinard <kumba@g.o> wrote:
4 >
5 >> If I remember this weekend, I'll e-mail the libtomcrypt author and
6 >> see if they have any insight. One would hope they did their own
7 >> research before possibly putting patented code out into the public
8 >> domain.
9 >>
10 >> Any idea if the Ed25519 forms are unencumbered? As far as I know,
11 >> those were developed by DJB completely independent of ECDSA, so it
12 >> seems like those should be fine.
13 >
14 > I would like to point out that we have no evidence that ECDSA is
15 > currently patent-encumbered either.
16 > The patents that are listed in Red Hat's openssl patches and the ones
17 > that people have been discussing around ecc are all expired. The only
18 > "evidence" we have around patent problems is that red hat does not give
19 > a clear answer when asked whether there are still issues. My hunch is
20 > that this is more of a "large company not answering questions"-problem
21 > than a patent problem, but of course I don't know that for sure.
22 >
23 > ECDSA and the NIST curves have been around since > 20 years, so it's
24 > simply impossible that there are any valid patents covering those.
25 > (There is of course a slight possibility that there may be patents
26 > covering specific implementation details of ECDSA/NIST curves that were
27 > only described later.)
28
29 Then we are either A) being too paranoid and should just drop bindist from
30 the OpenSSL ebuilds, or B) we are not being paranoid enough and packages
31 like dropbear/libtomcrypt need bindist added, no? It seems we're stuck in
32 the middle here because we don't have the right information. If Red Hat or
33 IBM are being non-responsive over this, then surely some other distro out
34 there has already figured things out?
35
36
37 > I'm not entirely sure what you'd like to ask the libtomcrypt authors.
38 > "We think there may be patents, but we don't know. Did you consider
39 > that?"
40
41 No, actually, I was thinking something more along the lines of "Hey, are you
42 aware of these supposed patent claims about ECC/ECDSA implementations that
43 Red Hat says exist, and if so, did you do any research on them that you
44 could possibly share that led you to feeling confident to release your
45 implementation into the public domain".
46
47 But I am open to better language. I just don't wanna sit here not knowing.
48 Someone out there has to have the right information to settle this.
49
50 --
51 Joshua Kinard
52 Gentoo/MIPS
53 kumba@g.o
54 rsa6144/5C63F4E3F5C6C943 2015-04-27
55 177C 1972 1FB8 F254 BAD0 3E72 5C63 F4E3 F5C6 C943
56
57 "The past tempts us, the present confuses us, the future frightens us. And
58 our lives slip away, moment by moment, lost in that vast, terrible in-between."
59
60 --Emperor Turhan, Centauri Republic

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