25 Sep
2007
25 Sep
'07
4:06 p.m.
On Mon, 24 Sep 2007 21:52:47 -0400
John Cowan <cowan(a)ccil.org> wrote:
Tim Bradshaw scripsit:
The funny thing, if I did read correctly the filings and agreements from
Groklaw is that a legal third party could probably release this code
*legally* if it is *acually* available.
I'm talking about something that popped up in the SCO vs IBM case: as I
remember, the agreement stated that IBM was required to held confidential
all information except in the case it had been made widely available by
some third party.
I'm assuming that the source isn't
available at all (I wonder if Sun
still have it?)
It is not *legally* available, but it is *actually* available.
Like, say, _The Lord of the Rings_ in HTML.
The exception is set forth in Section 7.06(a) of the
standard software agreement:
If information relating to a SOFTWARE PRODUCT subject to this Agreement at any
time becomes available without restriction to the general public by acts not
attributable to LICENSEE or its employees, LICENSEE'S obligations under this
section shall not apply to such information after such time.
Thus it seems possible that UNIX source code licensees would -in the case the
code had been made available *by others* have no longer obligation to keep it
confidential.
But, and this is IMPORTANT, IANAL, so don't take my word for it. My guess is
that even if so, most licensses will be reluctant to take any action without
legal counsel, which is costly and unless they had a compelling reason to,
they would therefore rather not ask, not act and not risk.
j
--
These opinions are mine and only mine. Hey man, I saw them first!
José R. Valverde
De nada sirve la Inteligencia Artificial cuando falta la Natural