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sld013.htm

Nondisclosure and Competition

Slide 13 of 25 -- Scroll down for more text

Nondisclosure agreements are enforceable in negotiated license contracts, but not currently in mass-market sales. UCITA makes use restrictions enforceable against all customers. The only escape is to get a judge to rule that a given restriction is unconscionable or that it is overruled by federal law. That might happen, but until then, clauses like these certainly APPEAR to be enforceable under UCITA:

-"The customer shall not disclose the results of any benchmark test to any third party without McAfee's prior written approval."

-"The customers will not publish reviews of the product without prior consent from McAfee."

How do we have a free market if the publisher can ban this kind of communication?

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Created before October 2004