Re: OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
Re: OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
- Subject: Re: OT: legalisms and NDA and this mailing list (was Re: Xcode 2.5
- From: Alastair Houghton <email@hidden>
- Date: Wed, 22 Aug 2007 20:30:00 +0100
On 22 Aug 2007, at 20:17, Jim Witte wrote:
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.
The NDA is a contractual matter, between its parties, and nothing to
do with the legal system in whichever country (other than to the
extent that that legal system regulates contracts between private
individuals). If you have a problem with it, you are free to
negotiate a more appropriate agreement with Apple directly. Whether
they wish to do so is another matter.
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
The idea of legal precedent only exists in Common Law legal systems
(which basically means those in England and its former colonies, the
U.S. included).
Anyway, it would make sense for Apple to have some secure mailing
lists that are only accessible to those of us with an active NDA.
Maybe even some that are paid-subscribers (i.e. people with seed
keys) only. I think this view has been expressed many times in the
past, though, and I don't think we've seen any action to make this
happen.
Kind regards,
Alastair.
--
http://alastairs-place.net
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