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- Path: sparky!uunet!usc!sdd.hp.com!caen!destroyer!ubc-cs!bcsystems!ewilts
- From: ewilts@galaxy.gov.bc.ca (Ed Wilts)
- Newsgroups: comp.sys.amiga.misc
- Subject: Re: NDAs (was Re: LOOK, CBM ...)
- Message-ID: <1992Aug14.072018.860@galaxy.gov.bc.ca>
- Date: 14 Aug 92 07:20:18 -0700
- References: <34172@cbmvax.commodore.com> <1992Aug14.050038.7724@trl.oz.au>
- Reply-To: EWILTS@GALAXY.GOV.BC.CA
- Organization: BC Systems Corporation
- Lines: 33
-
- In article <1992Aug14.050038.7724@trl.oz.au>, aduncan@rhea.trl.OZ.AU (Allan Duncan) writes:
- > From article <34172@cbmvax.commodore.com>, by daveh@cbmvax.commodore.com (Dave Haynie):
- >
- >> knowledge", they are in fact breaking their NDA. The NDA agreements generally
- >> hold you to silence until C= officially takes the lid off, no matter who else
- >> talks about anything possibly covered by the NDA. Keep in mind that, to the
- >
- > I just ferretted out a NDA on the subject of "The V1.4 Project", and in
- > clause 4 it mentions that it remains in place for 5 years of any
- > disclosure made by C=, except for that information that
- > a) is or becomes public without your fault
- > b) is or becomes lawfully known to you other than from C= or someone
- > else's breach of NDA
- > c) IS APPROVED IN WRITING BY C= FOR RELEASE.
- >
- > Question : has anyone seen a (c), and to what extent does public sale
- > imply (a) ?
-
- Public sale definitely implies (a). After all, it's hardly your fault that it's
- for sale :-). What I see the above statements stating (and I'm NOT a lawyer)
- is that someone's recent posting of WB3.0 features is not (b) since those
- statements did not become lawfully known to you because someone else breached
- the NDA. What becomes rather ambiguous to me, though, is that the same article
- suddenly made the information public, implying (a).
-
- I believe what you have to consider is not only the legality of the agreement
- but also the spirit of the agreement. It's the spirit that may decide if you
- are ever trusted with another NDA again.
-
- --
-
- Ed Wilts, BC Systems Corp., 4000 Seymour Place, Victoria, B.C., Canada, V8X 4S8
- EWilts@Galaxy.Gov.BC.CA | Ed.Wilts@BCSystems.Gov.BC.CA | (604) 389-3430
-