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From "William A. Rowe, Jr." <wr...@rowe-clan.net>
Subject Re: TSFKAJ
Date Mon, 16 Jul 2007 21:35:14 GMT
Andrew C. Oliver wrote:
> I understand your point.  I simply do not accept it or the basis of your
> argument.  Also I resigned (unofficially) from Apache 90% over the
> propagation of private lists (though I've increasingly gotten my way on
> this in the various places I care about @ Apache). Whose judgment is
> relied upon as to who and when to let someone in on the secret in the
> case of a private list?
> An NDA?

Andrew, I think the biggest arguement for your position of eliminating NDA's
from the ASF would come down to the JSPA 2.0 section 9.  Read the entire thing,
but I find this one particularly interesting.

C. Residuals. This Agreement is not intended to prevent the receiving party from
using Residual Knowledge, subject to any valid patents and copyrights of the
disclosing party. Residual Knowledge means Information that is retained in the
unaided memories of the receiving party’s employees who have had access to
Information. Further, both parties recognize that their receipt of Information
under this Agreement shall not create an obligation in any way limiting or
restricting the work assignments of employees within either party’s organization.

In short, section 9 ensures that unless you *choose* to be part of the EG of
a spec and receive confidential information, but instead you choose to stand
/outside/ using only the published information, you should find that you are
entirely fine developing to that spec with no confidentiality issues at all
to entangle you.

It really only makes life complicated for Geir (on the EC) and participants
of the EG.


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