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What is Confidential Information? - OneNDA Provision: Difference between revisions
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What is Confidential Information? - OneNDA Provision (view source)
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{{confianat|Confidential information}} | {{confianat|Confidential information}} | ||
{{Confidential information}} | {{Confidential information}} | ||
==={{confiprov|Derived information}}=== | |||
Careful with {{confiprov|derived information}} - here we are straying into the dappled world of [[intellectual property]] where a confidentiality agreement.ought not be your natural first line of defence. (Your [[Ccopyright]] — which is not a function of a [[contract]] — is). | |||
*'''Deriving new information from [[intellectual property]]''': So: taking copyrighted information and fiddling around with it potentially takes it outside the realm copyright. The point about copyright is that it attaches to a ''specific articulation of a creative idea''. If you take that idea and change how it is expressed — if you derive new content out of it — then, potentially, you own that new copyright, not the person whose copyrighted work you modified. You can control a recipient's ability to derive by contract, and it is fair to do so. | |||
*'''[[Deriving new information from [[data]]''': On the other hand, with ''non''-copyrightable data, you don’t own in the first place. Therefore, by the lights of copyright law, you did not use your creative juices to produce it<ref>If you had done, you would own copyright in it.</ref>, so a person to whom you supply that information who then uses hers to derive some new information out of is not infringing your [[proprietary]] right. You don’t ''have'' a [[proprietary]] right. | |||
===Written or oral=== | ===Written or oral=== | ||
For purely practical reasons, resist the urge to include orally transmitted information. Especially in a service-provider - client relationship, and especially if you are the service provider receiving the information — it gives your client a free, and hard to disprove option to claim anything at all that they want to keep secret is something "I told you, remember?". It may also interfere with service provider's ability to claim it had prior possession of the information (and therefore the information is out of scope of the confidentiality obligation altogether). | “[[Written or oral]]” is a favourite [[incluso]] for a mediocre lawyer who can’t think of any other way of “[[adding value]]”. For purely practical reasons, resist the urge to include orally transmitted information. Especially in a service-provider - client relationship, and especially if you are the service provider receiving the information — it gives your client a free, and hard to disprove option to claim anything at all that they want to keep secret is something "I told you, remember?". It may also interfere with service provider's ability to claim it had prior possession of the information (and therefore the information is out of scope of the confidentiality obligation altogether). | ||
Now chaps, really: — if data<ref>i.e., [[Intellectual property|material you don’t own]], right?</ref> is valuable enough for you to require an “injunctionable” right to stop me using it, it must be valuable enough for you to be bothered confirming in writing. If you do that you put beyond argument the fact that you ''did'' communicate it to me, and ''when''. | Now chaps, really: — if data<ref>i.e., [[Intellectual property|material you don’t own]], right?</ref> is valuable enough for you to require an “injunctionable” right to stop me using it, it must be valuable enough for you to be bothered confirming in writing. If you do that you put beyond argument the fact that you ''did'' communicate it to me, and ''when''. | ||
{{Ref}} | {{Ref}} | ||