Jeff,
Have you also seen this applied where it is to the employer's
disadvantage? For example, given that I looked at and worked
with GPL code (say Linux kernel) in University before taking
employment as a programmer that the employer's product is
inevitably contaiminated and no longer a trade secret? Can
a previous employee get an injunction against their former
employer to cease and desist from using this negative knowledge?
If so, I might have a solution: make the Linux kernel required
reading in University programming classes!
On Sat, 02 Dec 2000, Jeff V. Merkey wrote:
> On Sat, Dec 02, 2000 at 10:42:29PM -0500, Theodore Y. Ts'o wrote:
> > Date: Sat, 2 Dec 2000 18:21:26 -0700
> > From: "Jeff V. Merkey" <jmerkey@vger.timpanogas.org>
> >
> > Under this argument, it is argued that the engineer who had source
> > code access "inevitably used" negative knowledge he gained from
> > his study of the Linux sources. Absent the vague descriptions of
> > what a "derivative work" is in the GPL, it could be argued that
> > conversion of any knowledge contained in GPL code is a "derivative
> > work".
> >
--
Brian F. G. Bidulock ¦ The reasonable man adapts himself to the ¦
bidulock@openss7.org ¦ world; the unreasonable one persists in ¦
http://www.openss7.org/ ¦ trying to adapt the world to himself. ¦
¦ Therefore all progress depends on the ¦
¦ unreasonable man. -- George Bernard Shaw ¦
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