[josaka]

This is the right answer, and it has implications for the development of patent law: folks cheering the restrictions on NDAs should anticipate that doing so will tend to increase pressure on lawmakers to strengthen patent rights, as those investing in R&D lobby for other ways to protect their investments. Not saying we shouldn't weaken NDAs, though. The amazing last century of technical innovation emanating from California, which has relatively strong limits on NDAs, would suggest it's a good idea.