Re: Scanace NDA for your perusal.

Rogier Wolff (R.E.Wolff@BitWizard.nl)
Mon, 8 Jun 1998 08:18:18 +0200 (MET DST)

Hugo van der Kooij wrote:
>
> On Sun, 7 Jun 1998, Rogier Wolff wrote:
>
> > Hugo van der Kooij wrote:
> > >
> > > On Sat, 6 Jun 1998, Dave Restall - System Administrator wrote:
> > >
> > > > Hi,
> > > >
> > > > Attached is the NDA in PDF format. Apart from it having a few minor
> > > > problems in the translation to English, it seems ok. I have a few
> > > > reservations about one of the phrases :-
> > > >
> > > > Paragraph 2 : "...Confidant will not create new or derivative works, or
> > > > manufacture on the basis of the PIE information"
> > > >
> > > > Isn't the driver a "derivative work" ?
> > >
> > > YES. In the sense that you 'manufacture' a driver based on the PIE
> > > information. The best source for this is still their legal department.
> >
> >
> > Hugo, (and Dave) read the NDA. This clause is meant to prevent the
> > information from spreading:
> >
> > You claim to need the information for THIS, and then start also using
> > it for THAT.
>
> Now you lost me. I mentioned two different things in two sentences. And
> you make it sound like I was making one single statement.

Ok. Am I misinterpreting your remark. I read:

> > > > Isn't the driver a "derivative work" ?
> > >
> > > YES.

However if you read the NDA, the paragraph says something about
derivative work, defining that as "not what we agreed on at the
beginning".

Thus the SANE driver is NOT derivative work, because it is the primary
reason for granting the NDA.

Let me try to make myself clear again.

They want to prevent you from playing mean on them (you SAY that you
want to develop a SANE driver, while in fact you want to do something
completely different). Therefore they state in that paragraph 2, that
you're not allowed to do anything else with the information than
develop what you said you'd be doing.

> Furthermore I stated in a previous message that it was my impression
> their prime objective was to keep their engineering secrets away
> from the compitition. But as Dave still seemed not sure about this I
> advised thim to put the questions to PIE and let them simplify
> things for him.

I think they want to know who has access to their documents, and they
want to be able to send updates to all people that have them. (Not that
that will ever happen.... :-)

Roger.

-- 
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