[Moderator] Tiger/NDA'd discussions

FROM : mmalcolm crawford
DATE : Sun Dec 05 21:39:37 2004

Please remember that discussion with "anyone other than those employees
and contractors working for the same entity as you who have an existing
ADC membership" of any aspect of Tiger beyond that disclosed publicly
by Apple is not permitted by your NDA(for full details, see (*)).

It should be clear that this extends to cover, for example, asking
third parties to send to you copies of NDA'd technologies, even if you
have both signed the same NDA.

Unfortunately I have no choice but to report breaches to the relevant
parties in Developer Relations who will then take whatever action they
feel is appropriate.  It is also likely that anyone breaching their NDA
on this list will be removed.

I certainly understand that it would be desirable to have a suitable
forum in which "similarly-NDA'd" developers could discuss forthcoming
technologies.  If you would like to see this happen, I encourage you to
contact Developer Relations.  In the meantime, however, the terms of
the agreement are clear...

Malcolm Crawford




(*) <http://developer.apple.com/membership/pdf/terms.pdf>

6. Confidential Information.  You agree that all information disclosed
by Apple to you that relates to Apple’s products, designs, business
plans, business opportunities, finances, research, development,
know-how, personnel, or third-party confidential information, will be
considered and referred to collectively as “Confidential Information.” 
  Confidential Information, however, does not include: (a) information
that Apple  makes  generally  available to  the  public;  (b)
information that you can  demonstrate  to  have  had  rightfully  in 
your  possession prior  to disclosure to you by Apple; (c) information
that is independently developed by you without the use of any
Confidential Information; (d) information that you rightfully obtain
from a third party who has been given the right to transfer or disclose
it by Apple; or (e) any third party software and/or documentation
provided by Apple and accompanied by licensing terms that do not impose
confidentiality obligations on the use or disclosure of such software
and/or documentation, for example, software governed by the GNU General
Public License (“GPL”).  You agree not to disclose, publish, or
disseminate Confidential Information to anyone other than those
employees and contractors working for the same entity as you who have
an existing ADC membership. You further  agree  to  take  reasonable 
precautions  to  prevent  any  unauthorized  use,  disclosure,
publication, or dissemination of Confidential Information. You agree
not  to  use Confidential Information otherwise for your own or any
third party’s benefit  without the  prior  written approval of an
authorized representative of Apple in each instance.