RE: Security-conference gag order (RE: In The News)

["Brian Geoghegan" <brian@xxxxxxxxxx>]

You're absolutely right about the Coke hypothetical, Max.
Reverse-engineering is perfectly acceptable, provided, however, that you
obtained the Coke legally.  It seems the defendants in this case only got
access to the plaintiff's code by illegal means.

"The information set to be presented was gleaned after one of the students
had physically broken into a network and switching device on his campus and
subsequently figured out a way to mimic Blackboard's technology, the company
told the judge. Because that alleged act would be illegal under the federal
and state laws, publication of the resulting information should be blocked,
it argued."

If those facts are true, trade secret protection is retained and the court
had an easier, and more traditional, ground to enjoin the defendants, rather
than having to base it on the more controversial DMCA section of the
Copyright Act.

BTW, I just joined this listserv.  Looks like a good one!

Brian

-----------------------------------
Brian Geoghegan
GeoMark
Trademark & Copyright Law
brian@xxxxxxxxxx <mailto:brian@xxxxxxxxxx>
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