Re: [Fed-Talk] iPhone SDK / OS 4 - Confidential
Re: [Fed-Talk] iPhone SDK / OS 4 - Confidential
- Subject: Re: [Fed-Talk] iPhone SDK / OS 4 - Confidential
- From: Dave Schroeder <email@hidden>
- Date: Mon, 19 Apr 2010 12:25:17 -0500
On Apr 19, 2010, at 12:13 PM, Dan Morrison wrote:
> FWIW, isn't an NDA similar to Government classified information guidelines, in that someone who is cleared should not reference third-party reports, thereby lending them legitimacy?
No, it is not. Again, please note:
> Apple Confidential Information will not include: (i) information that is generally and legitimately available to the public through no fault or breach of yours, (ii) information that is generally made available to the public by Apple, (iii) information that is independently developed by you without the use of any Apple Confidential Information, (iv) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (v) any third party software and/or documentation provided to you by Apple and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Apple's own NDA exempts material that is in the public domain, including "information that is independently developed by you without the use of any Apple Confidential Information", i.e., informed speculation.
Again, I fully realize that this creates "gray areas".
> For example, just because Popular Mechanics prints specs on a weapon system does not make those specs unclassified, and someone with a clearance may not comment on their accuracy.
>
> This is a concept that most professionals in the Federal government sector deal with on a regular basis.
The weapons system analogy is flawed; I didn't say or imply that someone under NDA should confirm information that is in the public domain based on knowledge of material under NDA, or use the fact that information is publicly available as an excuse to violate their NDA, or as a shield from legitimate provisions of the NDA for the protection of Apple Confidential information. What they CAN do is reference that material, note it as being rumor or unconfirmed as necessary, and allow individuals to make their own judgment as to its veracity. You just don't pretend that a whole pool of information doesn't exist because you're covered by an NDA, especially when the NDA itself makes an explicit exemption for such information.
- Dave
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