Subject: Re: JBoss aquired by Red Hat
From: "Stephen J. Turnbull" <turnbull@sk.tsukuba.ac.jp>
Date: Mon, 01 May 2006 15:45:20 +0900

>>>>> "Thomas" == Thomas Lord <lord@emf.net> writes:

    Thomas> Customer, in this scenario, has an obligation: to release
    Thomas> Consultant from the NDA upon the first distribution by
    Thomas> Customer.

No bare license can create any obligations regarding the new code *to
the author*.  *All rights* are vested in the author, who may choose to
waive some of them under certain circumstances.  The NDA simply
reflects the author waiving certain rights to distribute his own
work, both as a separate work and as part of a derivative.

Consultant is *not a third party* with respect to his copyrights, even
if he is a third party with respect to the distribution by Customer to
Some Nasty (But Non-Competing) Monopolist Elsewhere.  Remember,
according to the GPL, SNBNCME's license to Upstream code comes not
from Customer nor yet again Consultant, but from Upstream.  Similarly,
SNBNCME's license to Consultant's code comes not from Customer, but
from Consultant himself.  There just is no contradiction here between
a distribution by Customer and persistence of the NDA.

If you want such an obligation in NDAs you sign, write them in.


-- 
Graduate School of Systems and Information Engineering   University of Tsukuba
http://turnbull.sk.tsukuba.ac.jp/        Tennodai 1-1-1 Tsukuba 305-8573 JAPAN
        Economics of Information Communication and Computation Systems
          Experimental Economics, Microeconomic Theory, Game Theory