- Joined
- Dec 28, 2014
This is very specifically a thing about software, not trade secrets in general. There is nothing protecting any programming legally as it's impossible to prove, and someone else might've just used the exact same methodology before.
That's an evidence problem, not a law problem.
You could prove it if there actually were evidence they somehow unlawfully obtained it.
If it's software released to the public, though, even if your source code is a "trade secret" there is absolutely nothing stopping anyone from reverse engineering it (using a "clean room design" process or not) and using whatever means are at your disposal to replicate it. Any exceptions to that would be patent and not copyright, and patents for processes can be tricky to enforce (and require you actually disclose the process so it could not be a trade secret).
The reason for clean room design is so that your actual coders are insulated from ever seeing the original source code, so if they somehow come up with exactly the same process, you can prove they didn't steal it, and couldn't have stolen it, because they never saw the original code anyway.
Again, it's still legal to do with or without clean room, but that makes it a lot more legally defensible because you can actually prove noninfringement as a defendant.