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Proprietary information: Difference between revisions
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{{a|confi|}}''For a rumination our habit to wilfully confuse a dull public utility with proprietary information see [[secret sauce]]''. | {{a|confi|}}''For a rumination our habit to wilfully confuse a dull public utility with proprietary information see [[secret sauce]]''. | ||
{{d|Proprietary information |/prəˈpraɪətəriˌɪnfəˈmeɪʃən/|n|}} | |||
Information that is ''capable'' of ownership and that is owned. [[Intellectual property]]. | |||
Careful, trooper. It is fun to throw around big words, but be aware of what they mean. “[[Proprietary]]”, so our good friends on the world wide web tell us, means “of or relating to an [[owner]] or [[ownership]]”. | |||
Ownership implies a [[property]] right of some sort.<ref>Quoth [[Google]]: “The right to the possession, use, or disposal of something; ''[[ownership]]''.”</ref> When it comes to [[information]], “ownership” is a slippery concept. Only certain kinds of information may be “owned” at all— those that qualify as [[intellectual property]]: [[copyright]]ed material; [[patent]]s and [[trade mark]]s. But permissions to use, or transfer, ''proprietary rights'' in information are ''not'' a fit subject for a [[confidentiality agreement]]. For those you need a licence agreement. An [[NDA]] is about what you may ''not'' do with information to which you already have an implied licence. This is a contractual restriction: its breach sounds in damages, for loss caused to the discloser. The use, for profit, of information owned by someone else is not, of itself, a breach of contract but an infringement of proprietary rights for which the remedy is an account for profits. | |||
Much of the [[Confidential information - Confi Provision|information]] you might want to protect in a [[Confidentiality agreement|confidentiality agreement]] is ''not'' intellectual property: Indeed, often that is exactly why you need a [[confi]] — the secret is not otherwise protected. If it is not intellectual property then it cannot be “[[proprietary information]]” | ''You can’t “own” raw data, or facts, or simple lists of things''. Client lists, trading data, a credit history, the economic data from your business — these things may be commercially sensitive, and they may be secret — but ''they are not [[proprietary information]]''. | ||
Thus the scope of a [[confidentiality agreement]] is wider than an [[intellectual property]] [[licence]], but the measure of compensation is different. | |||
Much of the [[Confidential information - Confi Provision|information]] you might want to protect in a [[Confidentiality agreement|confidentiality agreement]] is ''not'' intellectual property: Indeed, often that is exactly why you need a [[confi]] — the secret is not otherwise protected. If it is not intellectual property then it cannot be “[[proprietary information]]”. | |||
{{sa}} | {{sa}} | ||
*{{confiprov|Confidential information}} | *{{confiprov|Confidential information}} | ||
*[[OneNDA]] | |||
*[[Cultural appropriation]] | |||
{{ref}} | {{ref}} | ||
{{c|Design}} | {{c|Design}} | ||