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Newsgroups: comp.unix.bsd Path: sserve!manuel!munnari.oz.au!mips!mips!zaphod.mps.ohio-state.edu!news.acns.nwu.edu!nucsrl!ddsw1!karl From: karl@ddsw1.mcs.com (Karl Denninger) Subject: Re: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!! Message-ID: <1992Jul23.211455.1080@ddsw1.mcs.com> Summary: Trade secret protection is NOT absolute Keywords: AT&T 'Death Star' rises over BSDI's horizon [Tel. 1-800-800-4BSD Organization: Macro Computer Solutions, Inc., Chicago, IL References: <l6nibgINNje6@neuro.usc.edu> Date: Thu, 23 Jul 1992 21:14:55 GMT X-Disclaimer: Material posted in this article is the sole responsibility of the poster and does not represent MCSNet or the system owners. Lines: 61 In article <l6nibgINNje6@neuro.usc.edu> merlin@neuro.usc.edu (merlin) writes: > >However, the AT&T claim is not a copyright claim -- it is a claim that BSDI >incorporated intellectual property belonging to AT&T into the BSDI product. >The intellectual property may be in the form of copyright, patent, or trade >secret protected material. While NET2 may not literally contain any direct >copies of AT&T source code -- it is very possible it contains a translation >or adaptation of copyrighted material -- or it may contain a patented means >of performing some task -- or it may be based on knowledge of the original >techniques [trade secrets] embodied in the AT&T source code. Hence, AT&T >only has to prove that someone involved in CSRG's NET2 release or in BSDI's >BSD/386 development had access to AT&T licensed materials at some time in >his/her lifetime to trigger the spectre of contamination of BSDI's product. To prove that trade-secret contamination occurred, you have to prove: 1) That a person >who had agreed to keep the information confidential< obtained knowledge through a "protected" channel (where the protection applied), or obtained the information improperly (i.e. via theft). Communication through other, non-protected means does not count. 2) That same person transmitted the information >in violation of the agreement< (or, again, obtained the information improperly). As this "damage" is usually in the tens of thousands of dollars (or more) these confidentiality agreements normally must be in writing. As this is a civil suit, the burden of proof is by preponderance of the evidence, not reasonable doubt. It is not illegal to learn of a trade secret by non-privileged and legal means and then spread it far and wide. Nothing wrong with that at all. In fact, if ONE PERSON does this then the entire trade-secret protection falls flat on its face; its very >essence< is the secrecy of the information. That is the reason that companies are fanatical about having people sign confidentiality agreements before they turn over access to the goodies; the risk of not doing so even once is that your goodies may become public knowledge with no recourse available. To beat this kind of rap, find a person who (1) worked at AT&T and had legit source access, (2) didn't sign a confidentiality agreement, or whos confidentiality agreement expired (these things usually have 2-5 year terms) and (3) then worked for CSRG on the pertinent parts of the system >AFTER< the expiration of the agreement. Voila: you have an unprotected information channel and an excellent point of attack. This is all from the information I was given by our attorneys while I ran MCS, and from business law classes. I'm not a lawyer however; its best to consult one on these matters... (As an aside, this is one reason that trade-secret suits after a long period of time has elapsed, such as this one, often fail) Now patents are a different issue entirely; I see no patent-infringement claims in the stuff posted so far however.. -- Karl Denninger (karl@ddsw1.MCS.COM, <well-connected>!ddsw1!karl) Data Line: [+1 312 248-0900] Anon. arch. (nuucp) 00:00-06:00 C[SD]T Request file: /u/public/sources/DIRECTORY/README for instructions