[WikiEN-l] Exposure of magic on Wikipedia
gwern branwen
gwern0 at gmail.com
Mon Jan 15 17:27:16 UTC 2007
On 1/15/07, MacGyverMagic/Mgm <macgyvermagic at gmail.com> wrote:
> In a previous discussion it was determined that most magic tricks aren't
> patented (for fear of revealing the method) or copyrighted (only the way
> it's written down in a book or recorded on a DVD or video is copyrighted).
> However, isn't exposure of commercially available effects considered
> [[piracy]] then?
>
> Mgm
Isn't the correct paradigm here not copyright law but rather [[Trade
secret]]s <http://en.wikipedia.org/wiki/Trade_secret>?
"A company can protect its confidential information through
non-compete non-disclosure contracts with its employees. The law of
protection of confidential information effectively allows a perpetual
monopoly in secret information - it does not expire as would a patent.
The lack of formal protection, however, means that a third party is
not prevented from independently duplicating and using the secret
information once it is discovered."
If it is appearing on Wikipedia, it seems to me that the third party
has manifestly discovered it; if they are complaining about it
appearing on Wikipedia, then they are crying over spilt milk/trying to
put the genie back into the bottle/cat into the bag, etc.
--Gwern
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