Windows source leaked?
justin-cypherpunks at soze.net
Fri Feb 13 16:02:44 PST 2004
Steve Furlong (2004-02-13 22:34Z) wrote:
> Eric is correct in his reply to MV's article. Joe Programmer isn't
> necessarily obligated not to look at leaked trade secrets, but if he
> implements anything remotely related to the leaked secret, he and his
> employers or customers are subject to being sued for using the secret.
Case law on point? I don't think that is true at all. Trade secrets
that are leaked are no longer trade secrets. I think the issue would be
copyright and/or patent violation.
I seem to recall something about copyright periods for trade secrets not
beginning until the secret is released, a similar situation being
patents issued to the NSA or other TLAs... they only start ticking when
the patent is revealed. So trade secrets offer a copyright advantage.
Obviously, if you can locate the persons who released a trade secret,
you can probably sue them because they're probably under contract. But
suing random people who happened to have looked at trade secrets and
implemented similar non-patented code? Sounds shaky.
No humanitarian endeavor can ever fill the void left by my past crimes. -Sloane
More information about the cypherpunks-legacy