Re: linux-kernel-digest V1 #1021

Martin Pool (m.pool@pharos.com.au)
23 Jul 1997 07:15:31 -0000


> From: linux kernel account <linker@nightshade.ml.org>
> Date: Tue, 22 Jul 1997 21:18:05 -0400 (EDT)
> Subject: Re: I2O (hasn't this been beat to death yet?)
>
> Buzzzz.. Wrong. Depending on the NDA you sign you can sign away your
> soul. If you are able to access I2O stuff without signing a NDA and you
> are able to document the API thats one thing.. The clone bios wasn't made
> by taking a NDA'ed copy of the source and copying it. If the NDA says
> 'Speak no I2O' then telling your friend joe about it over a cup of jo then
> you could land your butt in jail.

I agree, you should read the fine print. However, depending on where
you live, NDAs may be worth no more than the paper they're printed on.
I recently heard from a solicitor that NDAs are rarely enforceable:
they're more a gentleman's agreement than a legally enforceable
document. The corollary is that anything that is released under an
NDA is not _really_ secret. Of course, blatant theft is always more
dangerous in IP cases than a gradual diffusion of information, as was
described previously.

Now, while you may not land in jail, a court case from Microsoft or
Intel (say) could make your life pretty miserable even if their case
is insubstantial.

-- 
Martin Pool <m.pool@pharos.com.au>
Pharos Business Solutions

"Does the state really care about your own misguided will?"