*BSD News Article 6691


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From: brnstnd@nyu.edu (D. J. Bernstein)
Newsgroups: comp.org.eff.talk,misc.int-property,alt.suit.att-bsdi,comp.unix.bsd
Subject: Re: Patents:  What they are.  What they aren't.  Other factors.
Message-ID: <20961.Oct1801.25.1692@virtualnews.nyu.edu>
Date: 18 Oct 92 01:25:16 GMT
References: <1992Oct11.031616.854@netcom.com> <id.OR0U.JXD@ferranti.com> <1992Oct13.053105.20874@netcom.com>
Organization: IR
Lines: 16

In article <1992Oct13.053105.20874@netcom.com> mcgregor@netcom.com (Scott Mcgregor) writes:
> In article <id.OR0U.JXD@ferranti.com> peter@ferranti.com (peter da silva) writes:
> >But you have an absolute defense, in that I have never had any access to
> >trade secret protected code. AT&T can't play that game too many times.
> You still will have to prove it.

No. Trade secret law doesn't really define any new things to do wrong.
Its main effect is to increase the penalties if you do certain old
things wrong. If, for example, you sign a contract promising to keep
things secret, and you break the contract, then trade secret law can
dramatically increase the damages you'll have to pay.

If Peter hasn't signed a contract promising to keep AT&T code secret,
he's basically safe.

---Dan