Why the press seems to favor SCOX?
Message ID: 11971
Posted By: walterbyrd
Posted On: 2003-06-09 13:44:00
Subject: why the press seems to favor SCOX?
Recs: 1
Simple, credible writers will not touch SCOX NDA with a ten foot pole. They see the NDA for the scam that it is. Consider this:
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Dan Ravicher, an attorney who specializes in free software and open-source issues at the firm of Patterson, Belknap, Webb & Tyler, said in an interview there are three key problems with the NDA. First, Ravicher said, "SCO can pick and choose among all its evidence" to show only the parts that back up the company's claims. "They're agreeing to let you see the half of the picture that they want you to see", he added.
Second, the NDA does not exclude information that the recipient obtained in ways other than from SCO. If SCO showed a patent or other public document to someone bound by the NDA, that person would not be allowed to discuss it even if he or she had been previously aware of it, Ravicher said. "The definition of confidential information is much larger than I've seen in any other agreement", Ravicher said. "It covers a lot of stuff that wouldn't be, by a textbook definition, confidential."
Finally, the NDA requires any dispute to be settled in the state of Utah, which could be "pretty onerous" for people outside the state. "They could sue me and make me go to Utah to prove I didn't disclose confidential information", Ravicher said.
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http://www.linuxjournal.com/article.php?sid=6923&mode=thread&order=0
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The text of this Yahoo Message Board post has been licensed for
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under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
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Posted By: walterbyrd
Posted On: 2003-06-09 13:44:00
Subject: why the press seems to favor SCOX?
Recs: 1
Simple, credible writers will not touch SCOX NDA with a ten foot pole. They see the NDA for the scam that it is. Consider this:
----------------------------
Dan Ravicher, an attorney who specializes in free software and open-source issues at the firm of Patterson, Belknap, Webb & Tyler, said in an interview there are three key problems with the NDA. First, Ravicher said, "SCO can pick and choose among all its evidence" to show only the parts that back up the company's claims. "They're agreeing to let you see the half of the picture that they want you to see", he added.
Second, the NDA does not exclude information that the recipient obtained in ways other than from SCO. If SCO showed a patent or other public document to someone bound by the NDA, that person would not be allowed to discuss it even if he or she had been previously aware of it, Ravicher said. "The definition of confidential information is much larger than I've seen in any other agreement", Ravicher said. "It covers a lot of stuff that wouldn't be, by a textbook definition, confidential."
Finally, the NDA requires any dispute to be settled in the state of Utah, which could be "pretty onerous" for people outside the state. "They could sue me and make me go to Utah to prove I didn't disclose confidential information", Ravicher said.
----------------------------
http://www.linuxjournal.com/article.php?sid=6923&mode=thread&order=0
------------------------------------------------------------
The text of this Yahoo Message Board post has been licensed for
copying and distribution by the Yahoo Message Board user "walterbyrd"
under the following license:
License: CC Attribution-NonCommercial-ShareAlike v2.0
------------------------------------------------------------