# Re: Scanace NDA for your perusal.

Hugo van der Kooij (hvdkooij@caiw.nl)
Sat, 6 Jun 1998 20:40:09 +0200 (CEST)

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On Sat, 6 Jun 1998, Dave Restall - System Administrator wrote:

> Hi,
>
> Attached is the NDA in PDF format. Apart from it having a few minor
> problems in the translation to English, it seems ok. I have a few
> reservations about one of the phrases :-
>
> Paragraph 2 : "...Confidant will not create new or derivative works, or
> manufacture on the basis of the PIE information"
>
> Isn't the driver a "derivative work" ?

YES. In the sense that you 'manufacture' a driver based on the PIE
information. The best source for this is still their legal department.

Make a small list of questions they only have to answer with Yes or No and
let them sort it out.

The questions that pop up are:

1. May a driver be developed based on this information?

2. May a third party use this driver without the author of the driver
informing PIE or have that third party sign a similar NDA agreement?

3. May a third party have access to source code of this driver without
the author of that driver informing PIE or have that third party sign a
similar NDA agreement?

Which basicly comes down to:

May a driver be written based on the PIE documentation and may the driver
be put under the GNU Public License?

A copy of the GPL should be send to them as well so they may study the
GPL. Also point out to them that Adaptec, Diamond and Matrox are examples
of companies that have stopped their ridicules NDA's and allowed
information to flow freely to the authors of drivers which in turn have
put these drivers under GPL. (Mind that Adaptec is just converted last
week to this policy.) All of these companies have been informed of loss of
sale because no drivers could be written uder the GPL.

Hugo.

+------------------------+------------------------------+
| Hugo van der Kooij | Hugo.van.der.Kooij@caiw.nl |
| Oranje Nassaustraat 16 | http://www.caiw.nl/~hvdkooij |
| 3155 VJ Maasland | (De man met de rode hoed) |
+------------------------+------------------------------+
"Computers let you make more mistakes faster than any other invention in
human history, with the possible exception of handguns and tequila."
(Mitch Radcliffe)

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