Does trade secret protection of information contained within a product restrict reverse engineering?
Increasingly, manufacturers protect the know-how behind their software and electronics through the use of trade secret protection. This form of protection is attractive since the kinds of information that trade secrets is very broad and can include “any formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.” [Restatement of Torts, ?757] Among other factors, the status of a trade secret depends on the efforts undertaken by the owner to maintain the secrecy of the information. Since there is no time limitation on its enforceability, trade secrets can potentially provide eternal protection for software. Trade secrets terminate and become public domain information if they are publicly disclosed for any reason, however, including the widespread publication of the information on the Internet. Reverse engineering and independent discovery of the technical info
