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Valdis.Kletnieks@vt.edu wrote: > On Thu, 06 Jan 2005 12:37:25 CST, root said: > > >>It's based on the design of the license. Under Cherokee Nation Law, you >>can have and claim trade secrets in public code released under a public >>license. This makes it very easy for individual contributors to >>enforce their rights in the US. We spent months researching this, and yes, >>it holds up under our laws. > > > You will have trouble with "rights in the US", because of the definition of > "trade secret" includes 18 USC 1839 (3): > > (3) the term "trade secret" means all forms and types of financial, > business, scientific, technical, economic, or engineering information, > including patterns, plans, compilations, program devices, formulas, designs, > prototypes, methods, techniques, processes, procedures, programs, or codes, > whether tangible or intangible, and whether or how stored, compiled, or > memorialized physically, electronically, graphically, photographically, or in > writing if -- > > (A) the owner thereof has taken reasonable measures to keep such information secret; and > > (B) the information derives independent economic value, actual or potential, > from not being generally known to, and not being readily ascertainable through > proper means by, the public; and > > You'll have a hard time convincing a jury not on the reservation that publishing > something as open source is at all a "reasonable measure to keep it secret". > > In fact, you're going to have a hard time - if you're not a sovereign nation, > then 18 USC 1839 will trump your law. And if you *are* a sovereign nation, > you better get some lobbyists that can read and understand the implications > of 19 USC 2242(a)(1)(A) and/or 19 USC 2242(b)(1)..... hello all sorry about this question but i didn't understand something in all this "trade secret" situation... first: Is there any impact in GNU GPL? second: does this US law means that everything could be a "trade secret"? even something like the GUI? or a process bar? and in case that someone will register them what is going to happens? third: this under US law, is it applied in EU etc???? thanks for your time Christos - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/ | ||||||||||||
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