321 Studios and the free software community

Posted Feb 19, 2004 18:43 UTC (Thu) by pkturner (subscriber, #2809)
Parent article: 321 Studios and the free software community

Filing trade secret suits while having already disclosed the relevant technology would be, at the least, an act of bad faith.

Without considering the particulars of DeCSS, it might be judged to be based in part on trade secrets, and in another part on ideas that have been submitted for patents. A contradiction is not necessary.

patent/trade secret contradiction

Posted Feb 21, 2004 22:56 UTC (Sat) by giraffedata (guest, #1954) [Link]

It's even simpler than that.

Applying for a patent does not require disclosing anything. Patent applications are quite secret. It's getting a patent that requires the disclosure to the public. (The disclosure isn't just a prerequisite, it's the whole purpose of the patent).

As long as the patent is pending, the invention is a trade secret. If the patent never issues, it is a trade secret forever.