Re: NDA issues and acceptable use of sun source (was: Re: JavaSound Was: java.sql.*)

Leo Simons <mail <at> leosimons.com> writes:

> Since the JDK stuff is now all mostly out in the public, and most NDAs
> are effectively voided once the information they are meant to protect is
> available through other means not involving an NDA.

Missing the cue by just a few days, Sun Microsystems proudly unveiled a new
license to go with the 1.6 "Mustang" beta, and it contains the following,
explicit talk about trade secrets, and confidentiality agreements that seems to
fit the recently discussed NDA issues perfectly like a fist a glove:

"7.0 CONFIDENTIAL INFORMATION 
7.1 For purposes of this Agreement, "Confidential 
Information" means: (i) business and technical 
information and any source code or binary code, which 
Sun discloses to Licensee related to Licensed 
Software; (ii) Licensee's feedback based on Licensed 
Software; and (iii) the terms, conditions, and 
existence of this Agreement."

7.1.(iii) is the Mustang Fight Club rule:
The first rule of the Mustang licensee club: you don't talk about the Mustang
licensee club.

Fortunately, I have not accepted the license, so I can make fun of it.

"[...] Licensee's obligations 
regarding Confidential Information will expire no less 
than five (5) years from the date of receipt of the 
Confidential Information, except for Sun source code 
which will be protected in perpetuity."

A perpetual NDA on the included Sun source code with each purchase, yum.

"Licensee agrees 
that Licensed Software contains Sun trade secrets."

Et voila, explicit acknowledgement of trade secrets.

Taken from http://java.sun.com/javase/6/jdk-6-beta-license.txt

As long as Sun Microsystems believes to have some trade secrets in there, that
are worthy of such draconian measures, I don't think it's wise to assume that
NDAs with Sun have become invalid without proof to the contrary. 

The 1.6 beta license has a lot of other nice, comical gems, and is a wonderful
piece in the finest tradition of the earlier works from the same software
license publishing house. Use with care, avoid excessive exposure, etc.

cheers,
dalibor topic