Re: Part 2: System Structure

[Bas Wijnen]

On Thu, May 18, 2006 at 12:17:09AM -0400, Jonathan S. Shapiro wrote:
> There are a number of cases where a proprietary file format is only
> disclosed under an NDA. If I sign the NDA, I can learn the format. After
> I sign the NDA, I cannot disclose the format, but I am free to write
> programs that will convert the file from the proprietary format to an
> open format. The MS Office file formats were examples of this for many
> years.

At this moment, it is the custom that you will be allowed to give out binaries
of your code.  That is simply a requirement for people to run it at all,
because they aren't usually on the same computer.

> It seems pretty obvious that we would like to encourage people to move
> to open formats. However, this program cannot be run unless the
> developer can ensure that its storage is opaque.

This is *exactly* the kind of thing we don't want to allow.  By adding such a
property to the system (yes, I still think it's something new), the NDA can
start saying that you're not even allowed to distribute binaries, thus making
reverse engineering impossible.  Also, if the TC chip does start working, and
this would extend the reach of programs under such an NDA to other computers,
it probably leads to the person signing the NDA being liable if a system was
incorrectly certified (of if TC was cracked, which will happen too).

NDAs will not contain terms that cannot be met, in general (or else the signer
should train his negotiation skills).  Making things possible that NDA writers
will want to demand of NDA signers is not something I want to do.

Thanks,
Bas

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