On Aug 17, 2009, at 12:32 PM, Christopher Forsythe wrote:

> On Mon, Aug 17, 2009 at 12:22 PM, Evan Schoenberg, M.D. <[email protected] 
> > wrote:
>
> On Aug 17, 2009, at 12:10 PM, Christopher Forsythe wrote:
>
>> On Mon, Aug 17, 2009 at 11:49 AM, Evan Schoenberg, M.D. <[email protected] 
>> > wrote:
>>
>> On Aug 17, 2009, at 11:46 AM, Bryan Henry wrote:
>>
>>> I'm not sure what you think the purpose of Apple giving pre- 
>>> release builds of their OS to developers before they're released  
>>> to consumers is if not for those developers to work on making sure  
>>> that their software is compatible with that new OS as soon after  
>>> release as possible. They might as well stop the Software Seeding  
>>> Program if all we're supposed to do with the builds is sit around  
>>> and twiddle our thumbs until its released. I don't think they give  
>>> them to us just so we can say "oooh, ahhh, I got this before  
>>> everyone else."
>>
>> Fully agreed. There is no reason not to discuss problems and fixes  
>> for SnowLeopard openly so long as the documentation and API shipped  
>> with the software are not revealed and screenshots of it (which  
>> prior experience on Mac rumors sites demonstrate clearly Apple has  
>> considered part of the NDA'd material) aren't posted.
>>
>> I agree. I'm just pretty sure that sending a log file from say  
>> instruments would be a likely source of revealing nda'd api calls.  
>> It's not unreasonable to assume this, especially since we have less  
>> than a month (or maybe a month) before the release is out the door  
>> anyhow. Why take a chance on a public mailing list about an open  
>> source project?
>>
>> I don't see problems discussing the fact that it's in fact broke  
>> and possible places to look, I'm just concerned with something  
>> being posted that gets someone sued. I'm not a lawyer, and as far  
>> as I know, nobody else here is, so it's worth a little bit of  
>> caution. If we don't speak up saying "hey, that might reveal  
>> something nda'd" and then someone posted something, and they got  
>> sued, I'd just feel awful for them, and we wouldn't be able to do  
>> anything to help them out. Sorry to sound like the "zomg don't post  
>> that!" police, but that's my concern.
>>
>> We have this problem every time a new release of os x comes out,  
>> and at the end of the day, if at any point someone got sued because  
>> they did something like post some debug output to a mailing list  
>> trying to get something fixed, it would be their fault, but we'd  
>> still just feel horrible about it. It's not worth the risk, and is  
>> worth reminding people that they are under NDA, at least for a  
>> short while longer.
>>
>> How is that unreasonable?
>>
>
>
> It's perfectly reasonable.  I just think that pointing out that  
> there is an NDA and cautioning posters to be cognizant of it is the  
> line that's most appropriate for us to walk... but that so long as  
> posters are working within those confines, as they best understand  
> them, everything else is fair game.
>
> I'm fully with you in terms of avoiding liability... but I think  
> that after making it clear that we won't violate the NDA and that we  
> don't want others to do so, we've done our due diligence.
>
>
> And that's all that I did, so meh.

That's why I responded as I did rather than out-of-band to find a  
consensus; we're in agreement.  I believe Bryan's response was largely  
because he's already been party to a warning about the NDA... so the  
repeat-warning had undertones, potentially, of being more than just a  
warning, if you see what I mean.

-Evan
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