mcmillan@eosp1.UUCP (John McMillan) (03/29/84)
I'm bringing this up because at least some UNIX sources are trade secrets, and at least some (in 4.2 at least) have copyright notices. Is it possible for a thing to be both copyrighted and also a trade secret? It seems to me that the two concepts are in conflict. A trade secret is hidden from everyone except for privileged people who each sign specific agreements with the owner. A copyright is a notice that: - The article has been sold in a normal sale. - rights of reproduction are governed by the law of copyright. It seems to me that the very notice of copyright implies that the item is not being kept secret, to conform to the practice of trade secrets. If I, as an honest person, come across an item that has a copyright notice, I assume that I may quote excerpts of it. I may infer (although this is not a condition of copyright) that the owner has disclosed the entire article to the Library of Congress, or intends to do so. How different my correct reaction to a trade secret! The proprietary notice warns me not to examine the article, even if I have come across it honestly, unless I have permission. I would argue that copyright notices alone are reason to invalidate a claim of trade secret. - Toby Robison allegra!eosp1!robison decvax!ittvax!eosp1!robison princeton!eosp1!robison