Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following in not meant to be legal advice.

If there is no non-disclosure agreement in a license agreement, and only a reliance on statute, there is no duty of confidentiality.  This means if a defect such as a software bug is discovered independently by a customer, there is no need to keep it a secret because there cannot be damage from disclosing public information.  However, if the information is derived from an illegal means, or misappropriation of a trade secret, there may be a limit on disclosing a defect.  In most instances, a software product is considered confidential.  When information is derived from a product, it may be argued that the information is confidential.