Re:A Lot of Puffing, Little Wind (Score 2)

I agree with the other replies that point out the fact that the MS argument rests on copyright law. Here's 2 cents on the trade secret discussion...

The formal definition of a trade secret is
1) any information, including any formula, pattern, compilation, program, device, method, technique, or process, that
2) provides a business with a competitive advantage,
3) is not generally known by a company's current or potential competitors, and cannot be readily discovered by them through legitimate means, and
4) is the subject of reasonable efforts to maintain its secrecy.

Now, in general, #3 has been interpreted to include reverse engineering. If the trade secret cannot be ascertained from the product (the formula for Coke is a common example) you can release the product without losing trade secret status. (this probably means that a reverse engineer of the protocol would invalidate the trade secret status right away).

However, and more germane to this discussion... "even when trade secrets become public in violation of the owner's rights, once they are public, they cease to be trade secrets." Damages may be available, but winning them requires victory at trial. ( The Entrepreneur's Guide to Business Law, p. 437 )

So it looks like the trade secret is out of the bag. The copyright issues are really the only ones that are relevant, long-term.