encryption is not the same as open-source. For instance, IPsec is an "open" standard (though I think someone owns the copyright). The key is that there is a standardized method for two computers to start-out with an unencrypted conversation and advance to a fully-encrypted conversation. It all relies on exchanging Public Keys -- a very cool technology!

Of course, encryption isn't really the issue here. Look at all the subpoenas the RIAA just server on Kazaa users...