Re: Trade Secret Economics: Request For Comments

From: Les Cargill (lcargill_at_worldnet.att.net)
Date: 09/17/04 

Date: Fri, 17 Sep 2004 20:18:32 GMT

Eric Atkinson wrote:
> Mason A. Clark <masoncNOT@THISix.netcom.comQQQ> wrote in message news:<6oqhk0psrahehttg6d8jsq47iraj3u4t7i@4ax.com>...
>
>>On 15 Sep 2004 17:35:25 -0700, atki4564@iwon.com (Eric Atkinson) wrote:
>>
>>
>>>I have been doing some research lately on creating a new type of
>>>economic and political system. However, the matter of trade secrets,
>>>as it relates to economics and the law, is proving to be a barrier in
>>>creating that new system. My problem is as follows:
>>>
>>>Anyone who wants to start a new business needs extensive knowledge
>>>about that type of business before they start one themselves; however,
>>>if they were to work in a business in order to gain experience, and
>>>consequently gather knowledge about that type of business, then that
>>>knowledge, if intended to be used in a competing business some day,
>>>would be deemed illegally acquired under current trade secret law.
>>
>>Has something changed? The last I knew a *trade secret* was a
>>a secret that must be defined and well protected -- as in a
>>closed laboratory barred to visitors -- all those who enter must
>>sign an agreement.
>>
>>Ordinary operation of a business is not a trade secret.
>>
>>Steeling blueprints is another matter: theft.
>>
>> Mason C
>
>
> For example, at the advent of personal computing, Xerox invented
> what's called a Graphical User Interface. Bill Gates, of Microsoft,
> and Steve Jobs, of Apple, both stole this information from Xerox's
> research lab (mainly because Xerox thought it was novel, not
> revolutionary). The end result was Windows.

This is somewhat an urban legend. "it is
incorrect to claim that Apple "copied" or "stole"
PARC's work ", from:
http://en.wikipedia.org/wiki/History_of_the_GUI

Whether the technology industry will actually survive the
GUI is another matter.

>
   Therefore, Xerox's GUI,
> in its lab, constituted a trade secret which those who knew better
> stole.

Xerox PARC shut down the project. There was more margin
in copiers, their core competency.

It's a good thing that Apple was able to continue, since
people seem to think GUIs are a good thing. That Apple was
able to sure GEM proves to me that they ultimately "owned"
it, even if by "squatting".

> It is unknown how they obtained this information, but it
> should be obvious they had agents at Xerox, perhaps just
> acquaintances, and that they obtained the information covertly, if not
> with the intent of espianage (at first). Nothing has changed. They
> violated the law; it's just that it would be hard to make a case about
> WHO violated the confidentiality agreements in Xerox's lab.
>

Once a company mothballs a project, the IP leaks. It cannot
be otherwise.

> This kind of thing occurs all the time. I want to legalize it though.
> How?

It is only illegal in that people violate NDA they sign. It's a
civil law thing, and will be handled through deals and the courts. 

--
Les Cargill

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