++

On Thu, Mar 26, 2026, 7:52 AM Filippo Valsorda <[email protected]>
wrote:

> 2026-03-26 03:50 GMT-07:00 Simon Josefsson <simon=
> [email protected]>:
>
> There are many other reasonable positions to end up in that are
> different from the one above.  A simple approach of "The ML-KEM patents
> are nonsense and I don't care about them" solves many concerns, and may
> be the most pragmatic and common opinion right now.
>
>
> I reiterate that I strongly support this document change for other
> reasons, but to avoid tedious discussions down the line, I want to suggest
> another position: "the patent license covers ML-KEM as specified in FIPS
> 204 and if the specification doesn't say anything about key reuse, just
> like it doesn't say anything about e.g. the architecture you run it on,
> then it's out of scope and you can do whatever you like without reading tea
> leaves."
>
> The alternative interpretation that key reuse somehow is not covered by
> the license reads to me as engineer-minded reverse-malicious compliance
> <https://en.wikipedia.org/wiki/Malicious_compliance> of the likes we see
> a lot with FIPS 140-3. (Many times I have read that something was
> categorically not allowed by FIPS 140-3, and then I read the documents or
> asked NIST and neither cared, and then I got the lab to sign off on it.)
> The law does not generally work like engineers expect, and until a patent
> lawyer tells us key reuse poses actual litigation risk, we would do better
> not to come up with legal theories (and commit them to writing—in
> public!—which every lawyer *will* advise you against).
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