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[Moderator] Tiger/NDA'd discussions
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[Moderator] Tiger/NDA'd discussions


  • Subject: [Moderator] Tiger/NDA'd discussions
  • From: mmalcolm crawford <email@hidden>
  • Date: Sun, 5 Dec 2004 12:39:37 -0800

Please remember that discussion with "anyone other than those employees and contractors working for the same entity as you who have an existing ADC membership" of any aspect of Tiger beyond that disclosed publicly by Apple is not permitted by your NDA(for full details, see (*)).

It should be clear that this extends to cover, for example, asking third parties to send to you copies of NDA'd technologies, even if you have both signed the same NDA.

Unfortunately I have no choice but to report breaches to the relevant parties in Developer Relations who will then take whatever action they feel is appropriate. It is also likely that anyone breaching their NDA on this list will be removed.

I certainly understand that it would be desirable to have a suitable forum in which "similarly-NDA'd" developers could discuss forthcoming technologies. If you would like to see this happen, I encourage you to contact Developer Relations. In the meantime, however, the terms of the agreement are clear...

Malcolm Crawford




(*) <http://developer.apple.com/membership/pdf/terms.pdf>

6. Confidential Information. You agree that all information disclosed by Apple to you that relates to Apple’s products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information, will be considered and referred to collectively as “Confidential Information.” Confidential Information, however, does not include: (a) information that Apple makes generally available to the public; (b) information that you can demonstrate to have had rightfully in your possession prior to disclosure to you by Apple; (c) information that is independently developed by you without the use of any Confidential Information; (d) information that you rightfully obtain from a third party who has been given the right to transfer or disclose it by Apple; or (e) any third party software and/or documentation provided by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation, for example, software governed by the GNU General Public License (“GPL”). You agree not to disclose, publish, or disseminate Confidential Information to anyone other than those employees and contractors working for the same entity as you who have an existing ADC membership. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Apple in each instance.
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