5 ms·
> what option would you provide them? I would offer them this choice: 1. Present your evidence in public, and let it be tested by the court; 2. Keep your tra
by denton-scratch 3y ago
> what option would you provide them?
I would offer them this choice:
1. Present your evidence in public, and let it be tested by the court;
2. Keep your trade secrets secret, and find some other line of defence.
Secret courts are not compatible with public justice. The UK's Family Court Division is a notorious example, and UK jurists are (slowly) coming to acknowledge that secrecy in matters of children, divorce and so on is corrosive to public confidence in the Family Courts.
- joshuamorton 3y agoAnd when someone (a competitor) turns around and starts (frivolously) suing every company claiming that their supposed "trade secrets" are illegal activities?
- mistercheph 3y agoHere's some background on the legal system in America that I think you are missing: https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedure https://en.wikipedia.org/wiki/Federal_Rules_of_Civil_Procedu... In particular, rules 11 and 12: https://www.federalrulesofcivilprocedure.org/frcp/title-iii-pleadings-and-motions/rule-11-signing-pleadings-motions-and-other-papers-representations-to-the-court-sanctions/ https://www.federalrulesofcivilprocedure.org/frcp/title-iii-... https://www.federalrulesofcivilprocedure.org/frcp/title-iii-pleadings-and-motions/rule-12-defenses-and-objections-when-and-how-presented-motion-for-judgment-on-the-pleadings-consolidating-motions-waiving-defenses-pretrial-hearing/ https://www.federalrulesofcivilprocedure.org/frcp/title-iii-...
- joshuamorton 3y agoHow do I prove that your claim is frivolous without revealing my trade secrets? (Generally this is not particularly different from patent trolling, which is also clearly a violation of the civil procedure rules, but took special laws and years to get even the most egregious people, like prenda, punished)
- jsnell 3y agoWhat's under discussion at the moment isn't Google's defense, which AFAIK hasn't yet started, right? It's the evidence and testimony being presented by the plaintiffs. They can get access to trade secrets as part of discovery, and are incentivized to make as much of it public as possible. There's just no downside to it for them.
- taeric 3y agoAren't there already procedures in place to challenge particular evidence over concerns like this?