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1. My understanding was the same as benreesman's: breach of an NDA only makes the person who agreed to it liable. IANAL but I did some searching around for the
by mlinsey 16y ago
1. My understanding was the same as benreesman's: breach of an NDA only makes the person who agreed to it liable. IANAL but I did some searching around for the precedents you mentioned, and I found a few that back up what you say, but they all seem to set a fairly high bar for "helping/instigating" someone breach their NDA; for example knowing about the terms of the NDA. It seems unlikely the professor, who simply mirrored the code, would fall under those precedents.
2. Right on here, actually. Last night I was particularly annoyed at dangrossman's tone elsewhere (eg "So you've never heard of an NDA?") hence the snark in my original post, but after sleeping on it I'm sort of embarrassed it got to me that way.
- DenisM 16y agoHonestly, I was going to reply in kind at the time, but then decided to do my part in keeping HN civil. :) This prof will likely not get in trouble, however my comment was regarding the general sentiment - the claim that you cannot get in trouble for helping to violate someone else's contract is dangerously incorrect. The bar might be high, I don't know enough about that, but in general you most certainly can get in trouble that way. I was thinking about the case where Kai-Fu Lee breached his contract with Microsoft by joining Google, and Google ended up sued and paying a settlement for the instigation.