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Data General Corp. v. Digital Computer Controls, Inc.
''Data General Corp. v. Digital Computer Controls, Inc.'' was a 1971 case in which the Delaware Court of Chancery determined that widespread, confidential disclosure of trade secrets does not necessarily compromise their secrecy. Data General Corporation distributed design documentation with its Nova 1200 minicomputer, notifying owners of the confidentiality of these design drawings through contractual agreements and explicit text on the drawings (essentially a shrinkwrap license). After acquiring drawings with a Nova 1200 purchase, Digital Computer Controls designed its own nearly identical minicomputer. Digital Computer Controls maintained that its use of the documentation was proper because Data General Corporation inadequately maintained the secrecy of the design drawings by distributing them to many customers. The court found that Data General Corporation had sufficiently protected the secrecy of the drawings and that Digital Computer Controls was thus in violation of trade secret law for improperly using confidential information.
Such a view of disclosure had been held by previous courts in non-information technology contexts 〔''(Tabor v. Hoffman )'', 118 N.Y. 30, 23 N.E. 12 (N.Y. 1889).〕〔''Schulenburg v. Signatrol, Inc.'', 33 Ill.2d 379, 212 N.E.2d 865 (Ill. 1965).〕 and has become relevant to trade secrets embodied in widely distributed software commonly protected by clickwrap licenses.
== Facts ==
In 1970 Data General Corporation released the Nova 1200, a minicomputer twice as fast as previous models. Upon purchaser's request, Data General Corporation would include with the computer design documentation intended to allow customers to maintain and repair their own computers. These design drawings were annotated as confidential, and customers received a contractual agreement of confidentiality with their purchase. In March 1971, the president of Digital Computer Controls purchased a secondhand Nova 1200 from a third party. Before receiving the computer, Digital Computer Controls requested the accompanying design documentation from the seller and subsequently photocopied the drawings. The drawings explicitly stated that they could not be used to manufacture similar items without the written permission of Data General Corp. Digital Computer Controls then used the design drawings to create the D-116 minicomputer, which the court determined was "substantially identical in design" 〔''Data General Corporation v. Digital Computer Controls, Inc.'', 375 A.2d 105 (Del. Ch. 1975).〕 to the Nova 1200.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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