>AFAIK it also works with earlier phones, but only if you're
>an official site. How it works is probably under NDA. The NDA
>also seems to say that one cannot say it is under NDA ;)
Which is probably an unenforceable if not illegal clause that any
court would throw out within a minute in order to protect the
interest of the judicial system. No NDA is binding if a court orders
disclosure, such as would be the case if there was an investigation.
So, imagine the DA's office or the police are asking you something
and providing an answer would be a breach of the NDA and you would
have to decline to provide the answer. But then they would ask you on
what grounds you refuse and all you can say is "I can't say why for
the same reason that I can't provide an answer". Depending on the
subject of the investigation this would very likely get you into
trouble. You need to be allowed to say "I cannot provide you with an
answer because the information you request is under NDA". The
authorities need such a statement from you in order to be able to ask
a court to order disclosure. Any NDA clause that binds you to the
non-disclosure despite an order of disclosure by a court is illegal.
The above clause could be construed as having the effect of binding
you in this way and therefore a court might consider it illegal or at
least unenforceable.
regards
benjamin
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Received on Mon Aug 20 13:13:45 2001