(IBM Mainframe Discussion List) wrote:
... It is preferable to err on the side of caution in such matters. Without having access to the NDA and then being given access to a document under the NDA, I would have to assume that I should not discuss anything regarding the NDA itself or the document(s) with anyone other than colleagues, and then only if they have been made aware of the NDA nature of the document.

Agreed.

There's a tremendous difference between publicly stating that an NDA exists between your company and IBM vs publicly stating that new material -- covered by NDA -- has just been disclosed to you by IBM!

It's true that sometimes IBM employees are the ones to "spill the beans". But, they rightfully reserve the right to publicly "pre-disclose" any information covered by NDA. After all, it's their technology we're talking about here! They get to make the rules and/or break them as they see fit!

The timing of any pre-announcement disclosure of information, or a judgment about which details are OK to publicly pre-disclose and which should be kept "secret", is not the ISVs call to make! Those of us covered by NDA are contractually bound to say *nothing* until after an official IBM announcement -- if any!

That's how it works. It's a contract between two companies. The terms are both simple and obvious. And, anyone unable to abide by those terms should not be made privy to such material.

--
Edward E Jaffe
Phoenix Software International, Inc
5200 W Century Blvd, Suite 800
Los Angeles, CA 90045
310-338-0400 x318
[EMAIL PROTECTED]
http://www.phoenixsoftware.com/

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