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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

Jack

Re: Trade Secrets & the Internet

quote:
"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"

-JACK
N.E.2d 386, 399 [183 USPQ 102] (2nd Dist. 1974).