>> (Oh, and last but not least, it could always have been just as possible that >> the copy used was acquired from a Hotline/Carracho server - in which case >> neither would have violated NDA - - yeah, we know this not to be the case, >> but if that were so, it would majorly screw the whole NDA argument). > > But would he not still be illegally using the software? (Genuine enquiry > here, I don't know the answer to this.) He had no NDA so Greg is not > breaking it, but if he is using the software then that is illegal. No?
It depends. The short version, and the current legal precedent, holds that if someone breaks an NDA and you declare information about your beta process or beta products to be proprietary, trade secret information, you can force people who come into that information after the fact to abide by the NDA even though they're fall removed from it. Thus Apple's ability force rumor sites to take down pictures of prerelease software. But there's a huge distinction between 'illegal' and 'people who obtain information in breach of a contractual nondisclosure agreement can be forced to abide by that agreement'. And let's not delve into any license agreement issues. ;-) mikel PS: I'm reminded of the words tempest and teapot. ;-) -- To unsubscribe: <mailto:[EMAIL PROTECTED]> To search the archives: <http://www.mail-archive.com/entourage-talk%40lists.boingo.com/>
