OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
- Subject: OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
- From: Jim Witte <email@hidden>
- Date: Wed, 22 Aug 2007 15:17:02 -0400
I have no intention of argueing with you, and I am the first to
point out that things are under NDA ... And if you read my post I
am adament about not discussing things like Xcode 3 here.
[..] is it not safe to assume that everybody on this list is at
least an ADC Online Member? Doesn't that make it "OK" to talk
about it? Kinda, like, you know ;) ?
Uh. No.
I see this as a perfect example of how over-arching (but well-
intentioned) legal statues fail to deal with specific situations in
which they were perhaps not meant to apply (or were not thought of
when the general statues were written, or though to be "rare, so we
need not worry about them)
Combine that with Google indexing the archives and it's essentially
a free for all. Anything posted here is essentially out in the open.
This is a valid point (which I have a feeling will become important
in other things in the future with regards to archived information).
It seems to me the reasonable thing is for Apple to have an NDA-only
list (for non-online, developer-seed people), and another list for
discusions like this - "things that are essentially out in the open,
but still are technically NDA."
An ineresting question - NDA is for non-disclosure agreement.
But xCode 2.5 - NDA *from whom*? Does this mean I cannot tell a
fellow developer who is not registered as an online member that it
exists (and accessible to anyone who registers)? A strict reading
might say yes.. Is this what we want?
IMO, this general problem (over-arching laws and the inability of
people to generally make exceptions in places where they clearly
don't fit) is a general problem with most legal systems. Especially
if there is the risk of creating an over-reaching 'precedent' - you
don't want a precedent, but that means you might not be able to rule
in a way that actually makes sense in a small number of cases (see
the US Supreme Court's recent decision on terminal patient access to
experimental drugs, and the non-communication between law-makers who
make drug laws and judges who actually have to deal with their
consequences..)
But THAT was FAR FAR OT..
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