posted on Jul, 11 2004 @ 01:19 PM
I don't think the trade secret argument would hold up in court. Trade secrets are those items and practices used by one company against its
competition to gain an advantage. Frraternities are just that, fraternal organizations. They are also non-profit organizations. If the wish to claim
that they are harmed by the leaking of "trade secrets", they may be dooming their non-profit status. Additionally, if they chise to pursue the
matter through the courts, they would have to demonstrate that the secret information revealed caused the organization economic harm. the only thing I
can say about that is that it would certainly be some entertaining reading, but quite frankly, far more fictional than the Titor thread.
IMHO, ATS got snowed on this one. I think ATS needs another level of member, General Counsel, for just such items. This is not a criticism, but
rather, a recognition of the gowth of ATS and some of the new challenges that will be faced in the future.
Remember too that a trade secret must be something unique and of value. this could be a recipe or a manufacturing process, things of that nature.
Being of value, they must be superior to that of the competition. Being unique, they must be different than that of the competition. Typcally these
things are covered and protected by patents and copyrights. The fact that neither is available for the argument here is a good sign that there is no
problem with trade secrets. Using a little common sense, how many different ways can you party, how many different ways can you get drunk, how many
different ways can you trick girls. Aside from the final item, I see no value in the concept of trade secrets for fraternities. A final point,
membership in a fraternity is by invitation and acceptance. As such, the recruitment of members is not the same as selling a procuct. The outing of
"trade secrets" therefore would not limit the number of people admitted to the fraternity since the demand usually exceeds the supply.
[edit on 7/11/2004 by CommonSense]