Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S265904AbTF3VYQ (ORCPT ); Mon, 30 Jun 2003 17:24:16 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S265910AbTF3VYQ (ORCPT ); Mon, 30 Jun 2003 17:24:16 -0400 Received: from astound-64-85-224-253.ca.astound.net ([64.85.224.253]:46347 "EHLO master.linux-ide.org") by vger.kernel.org with ESMTP id S265904AbTF3VXo (ORCPT ); Mon, 30 Jun 2003 17:23:44 -0400 Date: Mon, 30 Jun 2003 14:34:39 -0700 (PDT) From: Andre Hedrick To: Valdis.Kletnieks@vt.edu cc: Linux Kernel Mailing List Subject: Re: Dell vs. GPL In-Reply-To: <200306302125.h5ULPEjn004960@turing-police.cc.vt.edu> Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Content-Length: 1798 Lines: 49 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. > > - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/