The right to give up benchmarking privileges

Posted Jun 19, 2005 0:10 UTC (Sun) by giraffedata (guest, #1954)
In reply to: A few notes on the OpenSolaris release by ekj
Parent article: A few notes on the OpenSolaris release

A promise not to divulge information is very common in US business, and entirely enforceable under US law. I can't even think of a kind of promise of secrecy that isn't enforceable.

I like it that way. My promise of secrecy is valuable, and I demand the right to trade it.

Incidentally, at least one no-benchmark contract term I saw wasn't a restriction on divulging the benchmark results -- it was on actually performing the benchmark. That it's hard for the other party to know the benchmarker breached the contract unless the benchmarker says he did really doesn't make it a free speech issue.