[sldev] Fwd: [Opensim-dev] Violating the GPL by looking (Re: Voice Module)

Callum Lerwick seg at haxxed.com
Wed Mar 19 00:17:20 PDT 2008


On Wed, 2008-03-19 at 07:54 +0200, Jani Pirkola wrote:
> 
> 
> ---------- Forwarded message ----------
> From: David Wendt JR. <dcrkid at yahoo.com>
> Date: 19.3.2008 5:37
> Subject: Re: [Opensim-dev] Violating the GPL by looking (Re: Voice
> Module)
> To: opensim-dev at lists.berlios.de
> 
> Google "inevitable disclosure". This is the direction case law is
> heading towards, sadly.

I just did. First hit is this:

http://www.ivanhoffman.com/inevitable.html

It explains that "Inevitable Disclosure" pertains solely to intellectual
property law, specifically NDAs and Trade Secrets. It has nothing to do
with copyright law, which is what is at issue here.

What are trade secrets? Well it just so happens he (Note that "he", is
in fact a lawyer, who claims to specialize in copyright and IP law)
describes this too:

http://www.ivanhoffman.com/secrets.html

        (d) “Trade secret” means information, including a formula,
        pattern, compilation, program, device, method, technique, or
        process, that: 
                        
        (1) Derives independent economic value, actual or potential,
        from not being generally known to the public or to other persons
        who can obtain economic value from its disclosure or use; and
                        
        (2) Is the subject of efforts that are reasonable under the
        circumstances to maintain its secrecy.”
        
Well gee. You don't need a law degree to see that anything published
publicly in GPL source code can't possibly be a trade secret, by
definition. The very act of willfully publishing GPL source means Linden
Lab has given up any claim of trade secrets.

Have you signed any NDA's with Linden Lab? I sure haven't.

Bzzzt, try again. This anti-GPL FUD got old 8 years ago. Get a lawyer or
GTFO.

(I, of course, am not a lawyer.)
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