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Indeed, and this particular case is exceptionally retarded. They should never have let the device off campus in the hands of anyone who wasn't on the Board, or at worst the lead designer (i.e. someone who gives a shit about the bottom line). Letting some schmuck take it bar-hopping was utter stupidity. NDA or not, accidents happen.
Idiotic or not, unfortunately it is the way of the business world. As we become more of a capitalist technocracy here in the States, we're going to see a lot more massive police action for petty incidents like this. I just wonder how many legitimate thefts, assaults and burglaries were occurring right down the block the night they executed that search warrant?
And I can't wait to hear about the brand new POST training facility or whatever it is Apple will so graciously donate the funds for next year...
I believe the US is far more a Plutocracy than a Democracy. Our government is so addicted to the cashflow provided by mega-corps that they will pass any law necessary to appease them, less they move to another country and take their money with them. Combine the unconstitutional laws with the Fortune 500 buying out any promising startup before it can see the light of day and there is not much incentive or ability to innovate. Soon you end up like Warner Music filing suit to extract compensation for the "value" that isn't there. Unfortunately the majority are too blind and complacent to notice or care, just so long as they can check what everyone else is doing through Facebook 24-7 through their shiny 4G iPhone that they are willing to work increasingly long days, while inflation passes their salary increases, in order to purchase it. I think the ones who show outrage towards such practices as Apple has exhibited are by far the minority.
Yes clearly it's stupid since no one gets hurt when chinese steal and reproduce something that company spend 2 bucks to research and design. Yeah clearly we don't need that tax money since we have heavy industry, wait we don't, oh well we still have IT support industry, wait we don't it was Abu in phone, oh well we still have coding industry, what some guys are coding stuff free, well we still have service industry, yes to serve poor people in food lines.
http://seekingalpha.com/article/197583-apple-s-research-and-develop...
Maybe patents? Maybe copyright? Maybe a company that accepts responsability for keeping "company secrets" instead of assuming some arbitrary law can magically put the cat back in the bag.
If a secret is so important; keep it a secret. Don't rely on the government to do it for you.
(and seriously, let's not try and validate this with "eveel crazed chineses ninja monkey boogiemen". At least try to make it a greed sell with something like "companies want to keep there secrets" instead of a fear sell with "nebulous shadows are coming to steels our wares! Only the government can protect us!"
So, what do we have patents and copyrights for?
Trade secrets are covered enough by NDAs, which gives companies the legal handle to (rightfully so) seek compensation when an employee breaks said NDA. An NDA is particularly effective since it covers only the employer and employee, and doesn't extend towards journalists or other people who have had no part in signing said NDA.
Trade secrets are basically an NDA that extend to everyone, including you and I, even though we never signed any NDA or have ever agreed to not share any information. It gives companies yet another handle to blame their own failings (i.e., keeping stuff secret) on ordinary citizens who never had anything to do with the company in the first place.
Had we stuck to the concept of the NDA, then we would've never had to create countless dubious and shady legal provisions protecting "journalists", provisions which can be bent and broken depending on who has the most money (hint: it's not us).
It is a corporation-infused concept that has no bearing in a modern democracy. If you as a company are unable to keep the mouths of your employees shut, then that's YOUR failing, and your failing alone - not mine, not the media's.
Edited 2010-04-27 11:59 UTC





Member since:
2005-06-29
I've always found the concept of the trade secret retarded - as if companies don't have enough means to shield themselves as it is. If a company wants to keep something a secret, then good luck to them - they don't need the law for that.
Right now, they can basically claim whatever they want a trade secret and be done with it - which is idiotic.