Re: Can I declare the Xcode 3 discussion open?
Re: Can I declare the Xcode 3 discussion open?
- Subject: Re: Can I declare the Xcode 3 discussion open?
- From: Alastair Houghton <email@hidden>
- Date: Fri, 26 Oct 2007 13:05:14 +0100
On 26 Oct 2007, at 12:56, Alexander von Below wrote:
Am 26.10.2007 um 13:00 schrieb Nils Holland:
So, this probably applies to this list here as well: The NDA
officially stays in effect until today, 6 pm Pacific time.
OK. Let us read the verbatim of the NDA then:
Section 6, Confidential Information.
"Confidential Information, however, does not include: (a)
information that Apple makes generally available to the public;"
http://developer.apple.com/membership/pdf/terms.pdf
IANAL, but I believe, shipping it to customers counts. Therefore, I
see no reason not to talk about it.
Well, IANAL either, but there is the issue of legal jurisdictions.
Does "the public" mean "the public in whatever legal jurisdiction
presides over this contract"? I suspect that it probably does. Or
at least, I'm certain that most courts would view it that way, if
only out of a sense of local self-importance. (i.e. in the U.K.,
"the public" in a contract *probably* means "the British public";
likewise in other countries)
Anyway, the general point is that the NDA cannot any longer be an
effective restriction, since consumers (or those with retail Leopard
DVDs) can talk about it, and they could tell us something, and that
information could then be passed on outside the NDA.
*But* since some of us still don't have copies, and since we can't
simply forward all questions in an easterly direction until we hit
someone who does have, the post from Scott Anguish on cocoa-dev does
make a certain amount of sense.
*I* don't particularly want to see tonnes of messages along the lines
of "Alastair, please can you answer this because I'm still under the
NDA?" (replace my name with anyone eastwards of your location). And
Apple probably doesn't want its launch events ruined by developers
turning up with developer seeds going "Hey, look at this, it's great"
a few hours before the actual event.
It'll be better and simpler if people wait.
(You might say it would be better if Apple had officially lifted the
NDA on Leopard-related matters, but I imagine they didn't do that to
avoid confusion over what was still covered by NDA and what wasn't.)
Kind regards,
Alastair.
--
http://alastairs-place.net
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