Digital Pearl Harbol looming on the horizon

Posted Feb 13, 2004 20:47 UTC (Fri) by Eudyptes (guest, #15589) [Link]

>Microsoft can not do what you suggest because it would create a
>precedent. Anybody with access to Microsoft code could be tempted to leak
>it latter to then get a "free to see and speak about" right.

>So this won't happen.

Well, there's that annoying little clause in the law related to "trade
secrets" and "due diligence". IANAL, but plainly put once a trade secret
makes it into the public domain and becomes extensibly common knowledge it
is not longer considered a "secret" and therefore most of (if not for all
practical purposes entirely) the IP rights get muted. In otherwords,
if one uses a direct word for word - symbol for symbol form of something
M$ has in the source than it could get sticky - but if one looks at the
code, understands what it's purpose is and the manner in which it folds
into the code overall one could write a piece of code that preforms the
same function without crossing the dreaded "IP" boundry. This is what M$
worries about overall, not to mention it could be damaging in more than
one way related to years of contention that M$ has misappropriated others
IP into there kernel - it's pretty hard to argue you didn't rip someone
off when the code in question is sitting there in the kernel. This is the
contention of M$' evil little brother... SCO - and they have an open code
base to point to and haven't proven jack, but I digress.

The point is that there are those that have absolutely no love loss where
M$ is concerned that will be picking this apart - Let the games begin.