On Sep 4, 2009, at 16:51:34, Glenn Rempe wrote:
> It is my understanding that developers who are in the program are
> allowed to discuss pre-release software with other registered
> developers (perhaps not in this public forum, but certainly over
> email).
IANAL, but the NDA is clear that in order to share covered information
without breaking NDA, the recipient must be either your co-worker or
an Apple employee.[1]
Then, contradicting that a bit, there's the Developer Forums. Those of
you with seeds could discuss the problem and share information
(including with Rudy) there, but we still can't act on it until 10.6.1
is out because we're an open-source project. If we commit and/or
release a fix in public, we may reveal secrets about 10.6.1, violating
our NDAs.
We won't ask each other to do that, nor to share information about
seeded OSs in public, and if you do either one for us, we thank you,
but don't expect us to respond in kind.
The upside is that we now have the ability to keep private
repositories, so Rudy, at least, can commit NDA-covered fixes
privately and push them to the public repo when 10.6.1 comes out.
Then, and only then, we can include them in a future release.
> All I'm saying is, as long as you are not releasing confidential
> Apple information provided to you under NDA, …
And that's the thing. Anything about an OS release that isn't public
is Confidential Information as defined by the NDA.[2]
[1]: Section 6: … You agree not to disclose, publish, or disseminate
Confidential Information to anyone other than those employees and
contractors working for the same entity as you who have an existing
ADC membership and then only to the extent that such disclosure is not
otherwise prohibited herein. …
[2]: Section 6: You agree that all information disclosed by Apple to
you that relates to Apple's products, designs, business plans,
business opportunities, finances, research, development, know-how,
personnel, or third-party confidential information, will be considered
and referred to collectively as "Confidential Information."
Confidential Information, however, does not include: (a) information
that Apple makes generally available to the public; (b) information
that you can demonstrate to have had rightfully in your possession
prior to disclosure to you by Apple; (c) information that is
independently developed by you without the use of any Confidential
Information; (d) information that you rightfully obtain from a third
party who has been given the right to transfer or disclose it by
Apple; or (e) any third party software and/or documentation provided
by Apple and accompanied by licensing terms that do not impose
confidentiality obligations on the use or disclosure of such software
and/or documentation, for example, software governed by the GNU
General Public License ("GPL"). …
An OS seed is information about a product and its design
(specifically, the designed product itself), revealed to you prior to
its release to the public, and unless you work at Apple (in which case
you presumably have a different NDA), you would have to obtain the
information from someone who has permission to tell it (c), obtain it
from third-party open-source software that's part of the OS (e),
reverse-engineer it (b), or get explicit written permission from Apple
in order to be able to tell it publicly. (And reverse-engineering is a
violation of the Mac OS X license agreement.)
Again, IANAL.
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