The Silicon Jungle by David H. Rothman

7. Forbidding the consultant from selling the new software to your

competitors. Antitrust complications might arise if you don’t bear the financial risks of software development. If you do, however, you’re within your rights to demand exclusivity, just as the consultant is within his rights to charge you more for it. “Trade secret” is a key phrase both here and on the issue of ownership. “I recommend to clients that they go for trade-secret protection because copyright law protects the information only in the way it’s presented,” says William Wewer, a Washington lawyer who specializes, among other things, in intellectual-property law. In other words, an unscrupulous consultant might bypass the copyright law by using a different programming code to duplicate your new software’s functions.