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From "David Reid" <dr...@jetnet.co.uk>
Subject Re: Sun and the JCP 2.5
Date Thu, 03 Apr 2003 01:06:55 GMT
Thanks for a moment of clarity in all this madness Roy :)

david

> > Sam, I've gotten rather disappointed with your tactics of late.  I 
> > choose to take part in the ASF and its decision making processes.  I 
> > choose not to have information that would limit my financial viability 
> > via making me party to a Non Disclosure Agreement.
> >
> > I'd like to avoid a situations such as say someone posts some NDA'd 
> > spec for a VM as part of some JSR you're working on and I then go and 
> > start working on Mono and Sun takes my house for "disclosing"..  
> > (possibly without me even reading it)
> 
> That isn't possible.  Even if you were to read "secret" information, you
> cannot be sued for making use of public information once it has become
> public, nor can you be sued for making use of your secret knowledge
> to create something that is not derived from the presentation of that
> information from Sun, presuming that you can demonstrate it wasn't
> derived from the secret (which would be easy for Mono).
> 
> What you can be sued for is taking information that is distributed under
> NDA and making it public, even if you are not a party in the NDA.  As 
> long
> as you know that Sun considers it to be a trade secret and has not
> published it themselves, you cannot publish that information regardless 
> of
> how it was obtained.  Signing, or not signing, the NDA is irrelevant.
> 
> Even if you never see the secret information, and have no ties to anyone
> who has access to it, you can be sued.  The company simply needs a 
> reason
> to believe that someone under NDA (including its own employees) might
> have given you the information.  However, they can only sue you for
> damages caused to them by you making that information public prior
> to others making it public.  They cannot sue you for what you know,
> and they cannot claim damages if you keep it secret.
> 
> The purpose of the NDA is to establish a contract between those who
> give us the information to those who receive it, such that we all agree
> that it is secret and will treat it as such until the originator makes
> the information public.
> 
> > I think an open JCP list where no NDA material is permitted would be 
> > entirely appropriate.
> 
> general@jakarta is more than sufficient for that purpose.  There is 
> nothing
> about the JCP that is public other than what you see on jcp.org and
> what the spec leads offer for public review.
> 
> In any case, the notion that you would somehow lose economic viability
> from being on the JCP list is just plain backwards.  A consultant with
> inside information is far more valuable than one on the outside.  I'll
> accept a claim that you simply don't what to partake in a closed 
> process,
> which is indeed why we created the jcp list (so members who refuse to
> participate in the closed process can choose to do so).  However, you
> should not go asking those who do participate about the facts that are
> readily available to those on the list.  You need to read the public
> output instead.
> 
> ....Roy
> 
> 
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