HP 48 source OK to release?

[rprosperi]

(08-04-2022 05:10 PM)Joe Horn Wrote:  This is actually a fascinating discussion. I received the RPL models' source code from somebody who signed an NDA with HP. He gave me the copy "under the table" with the agreement that I'd share it with NOBODY. However, all HP NDA's contain an expiration date. It is certain that the expiration date for the RPL source code NDA's has expired long ago. Therefore it would seem logical to conclude that I am no longer bound by my agreement not to share the source code. Any insights y'all can offer in this regard will be greatly appreciated.

All of this depends on the initial NDA's terms. Many of them require materials provided under their purvue to be returned or destroyed upon expiration of the agreement, others make specific allowances to share it freely thereafter, but most don't specifically say either way at all. I've seen (and been on both sides of) NDA's for software that include source code, and all of those explicitly maintain the copyrights of such materials, while also requiring destruction (or return, at the user's choice) upon expiration.

All that said, as you were not an original party to the agreement, you have no rights at all, and even if the original did allow covered materials to be distributed upon expiration (highly unlikely), said release would only be an option for the original party.

Note that all of the above is from a strictly legal point of view; I'm not saying what you can and/or should/should not do, that depends on the original terms, your relationship with the person that received them originally, etc.

Legally, you're probably not at any pragmatic risk of legal action by HP.

Morally, if you committed to the person to not share it, I would not, no matter how long it has been, but that's me.

It seems to me that since HP's Licensees participate here and can be contacted, I'd ask them. While I can't imagine any reasons for them to say no (other than the knee-jerk NO we all expect, because they're HP) it's just possible they will agree and then it can be done so without legal, moral or other constraints.