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    SubjectRe: Cherokee Nation Posts Open Source Legisation - Invites comments from Community Members
    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



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