[linux-elitists] teleconference

Rick Moen rick@linuxmafia.com
Wed Jun 4 15:22:21 PDT 2003


Quoting Mikael Pawlo (mikael@pawlo.com):

> However, my question is - would the State Court of Utah enforce this
> agreement, should SCO try to file a complaint regarding information
> that is publicly available or known facts the way described by Mr
> Ravicher?

My understanding (IANAL, TINLA) is that contract provisions contrary to
law or public policy are unenforceable.  For example, US employers
invariably require employees to sign covenants not to compete, but state
employment law in California renders those almost completely without
force.  (By contrast, New Hampshire has no such provision, and has a
record of holding those covenants to be binding to a draconian degree.)

> If SCO - under this agreement - tells me that the sun rises every morning -
> would that mean that I can not disclose this to anyone?

The agreement is explicitly limited in scope to "certain Confidential
Information relating to SCO's Unixware and SCOsource businesses and
certain statements SCO has made publicly regarding SCO's property
relative to the Linux operating system."  Which is pretty broad, but not
quite _that_ broad.

-- 
Cheers,                   I once successfully declined a departmental retreat,
Rick Moen                 saying that on that day I planned instead to advance.
rick@linuxmafia.com                  -- Alan J. Rosenthal, in the Monastery



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