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previous: Don Symes the act of posting such material... -- 11/7/1999 12:04 AM View Thread

Re: Trade Secrets & the Internet

11/7/1999 1:56 AM
Re: Trade Secrets & the Internet
"I'm no lawyer, but I expect that even if you buy a Dumble amp ninteenth hand, the design and execution of the circuit are trade secrets. Trade secrets can have a separate life from copyrights and patents."
Unless there is something in the design that is unusual or difficult to duplicate, there is no trade secret and the non-disclosure agreement would not be enforceable. Minor changes in well known tone networks or different component values is easily duplicated, even without tracing the circuit.  
From a recent court ruling:  
"If information can be readily duplicated without involving considerable time, effort or expense, then it is not a secret. Computer Care v. Service Syst. Enter. Inc., 982 F.2d 1063, 1072 [25 USPQ2d 1020] (7th Cir. 1992). Simply stated, there cannot be trade secret if the alleged secret can be easily duplicated. Filter Dynamics Intern., Inc. v. Astron Battery, Inc., 19 Ill.App.3d 299, 311"  
N.E.2d 386, 399 [183 USPQ 102] (2nd Dist. 1974).