You're already sidetracked by it. Just because Palm has an independent way to get the information doesn't mean that the information can't be covered by an NDA. An NDA is merely an agreement not to disclose some information. Doesn't matter who had it when (unless it's already public, obviously). In fact, the entrance into an agreement which requires an NDA often means that both parties will have ways to get information separately. That doesn't nullify the fact that they agreed not to disclose certain information before it existed.

An NDA is a legal contract. It can cover whatever it wants, even if both parties had the information to begin with.

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