January 15, 2005

Wandering into thickets...

DrunkenBatMan has an interview with one of the college students who is getting sued by Apple for passing around developer builds of the next version of OS-X. It is interesting to me as an example of how easy it is to wander into a legal and ethical morass with hardly a thought. Among other things, the kid signed an NDA, but didn't read it because he treated it like all those licensing agreements that come with our software. Who reads the things?

There's way too much bogus "law" these days. For instance, all those things we all sign where we accept that the product is dangerous, so we can't sue if our toe gets chopped off? Truth is, you can still sue. Charlene could cut through any of those things easily, if she were on the Dark Side. (Actually, she says the one exception is ski resorts! Those agreements have always been upheld by the courts.)

This is a different case than that Apple suit against a "blogger." Actually I don't think ThinkSecret is a "blog." I've read it for years without ever thinking "this is a blog." (And I've been blogging since 2001. That's decades in Internet time—I should be considered an expert witness on what's a weblog!)

I don't presume to say who's right or wrong in these cases. But I think there's a of of double-standarding in the way Apple gets criticized by people who blandly stand by and watch Microsoft obliterate entire companies. As Brian Tieman said recently, it's sort of like the phonies who wax indignant about Abu Ghraib while winking at the murders of Hamas or the Taliban or Saddam....

Posted by John Weidner at January 15, 2005 09:23 PM | TrackBack
Comments

I have no sympathy for someone who signed an NDA with Apple and gets sued for breaking it. First of all, that "read before you sign" deal should mean more when it deals with something important (such as employment or health insurance) as opposed to not that important (signing up on a website to read stuff.) Secondly, Apple is KNOWN to pursue leaks with all manner of vigilance.

Mostly, though, it's just dumb. When my husband worked in a warehouse, he knew all manner of ways that he could scam the company he worked for. Naturally, he likewise knew that (beyond the integrity issue) it would be extremely dumb to chance the forfeiture of future employment or imprisonment. When he started working under NDA terms, he knew that breaking the NDA would be on a level with stealing from the warehouse. (Not only that, but I act as if I am bound by his NDA, just in case he lets something slip.)

The only thing that this kid has proved is that he can't be trusted with NDAs. That's going to hurt his chances for future employment in lots of places.

Posted by: B. Durbin at January 16, 2005 05:55 PM
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