I don't want to get sidetracked by this. But as I mentioned, Palm and Sprint independently know the inventory and sales numbers. It can be considered joint information. They do not have to "share" the information with each other, thus an NDA is not relevant to this situation.

NDAs are used when one party has private information that it wants to share with a second party, but require that the second party not disclose it with third parties. Emphasis on "share". The NDA is put in place before the information is shared.

They may have a contract agreement to not release joint sales numbers. That is not the same as an NDA. NDAs are only used when the information is initially private to just one of the parties.

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