Bonum Certa Men Certa

NIST is Threatening to Sue You With Patents on Mathematics (That Aren't Even Legal in the First Place) If They Don't Like You

posted by Roy Schestowitz on Sep 08, 2024

NIST entrance

Obey! Implement only what we allow you to (even if it has likely contained 'loopholes' - as in potential back doors - right from the very start, as a matter of intended design - as that seems so popular these days)

A couple of weeks ago we wrote about software patents in encryption standards - a subject scarcely if ever explored/debated in the media (nobody in "Linux" sites covered the latest patent attacks on GNU/Linux, except us).

This "post-quantum" (hype) publication from NIST is disturbing for several reasons: (local copy as the original will vanish one day)

The licenses were drafted such that any implementer of the CRYSTALS-KYBER algorithm as published by NIST receive the benefits of a grant to the licensed patents within the scope of a field of use limited to implementing CRYSTALS-KYBER as a PQC algorithm

It says (right there within purple boundaries, added by us): "The licenses were drafted such that any implementer of the CRYSTALS-KYBER algorithm as published by NIST receive the benefits of a grant to the licensed patents within the scope of a field of use limited to implementing CRYSTALS-KYBER as a PQC algorithm. The licensors agreed, on a royalty-free basis, to place into abeyance any right of enforcement of the licensed patents against any implementer or end-user of the algorithm."

That's some strange wording right there. Why are there any patents to begin with, more so after 35 U.S.C. § 101 and Alice (SCOTUS, 2014)? Does the U.S. Patent and Trademark Office (USPTO) continue to grant patents on algorithms under the leadership of its current Director, who worked for Microsoft in the past? It's bad enough that the USPTO now imposes de facto fines on anybody who does not use proprietary Microsoft formats with many patents on them. This is a form of corruption that we wrote about before.

An associate has noted that "there are a lot of patents floating around regarding the newer algorithms and less clarity about the algorithms being royalty-free. It can also be pointed out that algorithms and software are no longer eligible for patents in the US and have never been eligible for patents in the EU."

"I've searched around briefly and not found any clear answer regarding that algorithm (or for that matter the other proposals)."

We already mentioned that NIST is among the passive proponents of back doors in ciphers. Does it also work to legitimise patents on algorithms, including encryption algorithms that are meant to be standard?

The scary part is, if you use the algorithms not in the way they wish you to use them, or if you deviate from the standards, then they threaten to sue:

NIST... enforce the LICENSED PATENTS for uses outside of the FIELD OF USE

This seems like a clear and open misuse of patents in an area where no patents should be granted in the first place. They're asserting monopolies on mathematics.

Will implementing a cipher free of back doors and US control (domination) be considered a patent infringement and be met by threats from lawyers? That would be "creative"; instead of telling Computer Scientists that it is illegal to make secure code (auditable, no NDA) they will instead tell them that they are "pirates" or something to that effect.

If spy agencies can spend - and have already spent - billions of dollars to hire many prominent mathematicians to break security, why not hire lawyers to come up with ways to do the same at another level?

Other Recent Techrights' Posts

Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
 
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day