Re: non-enforcability of the BSD advertising clause
On Fri, May 09, 2003 at 11:43:52AM -0500, Branden Robinson wrote:
> (a) [...] Commercial speech that is not false or deceptive and does not
> concern unlawful activities may be restricted only in the service of a
> substantial governmental interest, and only through means that directly
> advance that interest."
I would not be surprised to have a court hold that "restricted" in this
instance applies solely to government restrictions, and that contractual
restrictions (such as agreeing to a license) are still permissible, since
nobody forced the company to agree to that restriction.
Using the broader interpretation, you would find, for instance, that NDAs
are unenforcable.
-- John
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