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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|/ | {{d|Proprietary information |/prəˈpraɪətəriˌɪnfəˈmeɪʃən/|n|}} | ||
Information that is ''capable'' of ownership and that is owned. [[Intellectual property]]. | |||
“[[Proprietary]]”, so our good friends on the world wide web tell us, | 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. | 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. | ||