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SubjectRe: Dell vs. GPL

Stop, go away, you do not get the real world.

Sorry.

Andre Hedrick
LAD Storage Consulting Group

On Mon, 30 Jun 2003 Valdis.Kletnieks@vt.edu wrote:

> On Mon, 30 Jun 2003 13:44:29 PDT, Andre Hedrick said:
> >
> > Now you are being silly, and I have to stop because your lack of
> > seriousness.
> >
> > You can not talk about what you see or hear.
> >
> > What is not clear?
>
> It's a general rule that clauses in a contract (which an NDA is) are null and
> unenforcable if they compel you to do something illegal. In addition, clauses
> can be held unenforcable if they are "unconscionable", i.e. if they compel you
> to do something totally out of line and unreasonable. This is why almost all
> contracts have a separability clause.
>
> "Thou shalt not tell the ingredients of the secret sauce" is enforcable.
> "Thou shalt not tell others that the secret sauce contains high levels of
> dangerous carcinogens" is unconscionable.
>
> Also, note that the Sarbanes-Oxley Act provides a lot of protection for
> whistleblowers: http://www.workindex.com/editorial/expert/expview.asp
> on top of the usual legal havens.
>
> On Mon, 30 Jun 2003 16:55:56 -0400, "Trever L. Adams" said:
> > I have also had to sign contracts that require I do not disclose
> > anything I learn on the job, except to law enforcement personnel.
> > Andre's situation may be like this. Sure, he can report it, but he
> > can't talk about it to anyone else!
>
> See? That's my point exactly - you *weren't* prohibited from reporting illegal
> activity.
>
>

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