WARNING NOTICE
It has recently come to the attention of RSA Data Security, Inc. that certain of its confidential and proprietary source code has been misappropriated and disclosed. Despite such unauthorized use and disclosure, RSA Data Security reserves all intellectual property rights in such source code under applicable law, including without limitation trade secret and copyright protection. In
Well, now we know it really was RC2.
Is there a law-knowing type out there who can tell us what's going on legally? As I understand things, RSA is just bullshitting here. When something has 'trade secret' status, the only people with legal obligations toward it are those with contractual obligations to RSA--you can only enforce 'trade secrets' through contractual obligations, non-disclosure and confidentiality agreements, etc. Once something has been disclosed, as I understand it, people without contractual obligations in regards to it are free to do whatever they want to it--trade secret status of RC2 has nothing to do with me, who has no contractual obligations to RSA regarding RC2. (Unless the license agreement for RSAref could be stretched to apply somehow, but I don't think so).
Uh ... wait ... better check on the stupid Scientology cases because they did win some small battles regarding what they considered trade secrets. Did they win that on copyright basis or trade secret basis? There must be some case history here. Ern