For example, if there was a lawsuit for breach of license agreement based on publishing results in violation of the "DeWitt Clause", the defendant might argue that clause was unenforceable.
It might be possible to require a publication delay as a condition to a license, but an outright ban on publication might not be enforceable. The only way to know for sure is a lawsuit that goes to trial. Of course, even if we never actually find out because it never actually is the basis of any litigation that goes to trial, inclusion of a "DeWitt Clause" in a license could still intimidate licensees and effectively discourage publication.
The 2002 story linked on the Wikipedia page for "DeWitt Clause" mentions a telephone call to DeWitt's employer asking for him to be terminated. However it says nothing about a lawsuit based on breach of this particular "DeWitt Clause".
I'm no lawyer but it seems to me the world is awash with contracts that include agreements by one or more parties not to disclose something or other. What's the sort of thing that would make this particular one 'not enforceable'?
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For example, if there was a lawsuit for breach of license agreement based on publishing results in violation of the "DeWitt Clause", the defendant might argue that clause was unenforceable.
It might be possible to require a publication delay as a condition to a license, but an outright ban on publication might not be enforceable. The only way to know for sure is a lawsuit that goes to trial. Of course, even if we never actually find out because it never actually is the basis of any litigation that goes to trial, inclusion of a "DeWitt Clause" in a license could still intimidate licensees and effectively discourage publication.
The 2002 story linked on the Wikipedia page for "DeWitt Clause" mentions a telephone call to DeWitt's employer asking for him to be terminated. However it says nothing about a lawsuit based on breach of this particular "DeWitt Clause".
I'm no lawyer but it seems to me the world is awash with contracts that include agreements by one or more parties not to disclose something or other. What's the sort of thing that would make this particular one 'not enforceable'?