this post was submitted on 25 Jun 2026
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Sharing trade secrets under the terms of a contract that dictates how one can use the information still retains trade secret protections.
Without a contract: intentional disclosure to the person who receives it generally destroys the trade secret status of the information, because the "owner" of the information didn't do a good job trying to protect it.
With a contract: intentional disclosure to a person under the terms of the contract makes the contract's own protections of the information relevant, and misuse of the information by the recipient can get them sued under the contract. Plus, the information itself probably retains trade secret protection so that even if that person gives the information to a third party who can't be sued under a contract they never agreed to, there are still rights to protect that trade secret as property.
I'd be shocked if any paid API use isn't under a robust, enforceable contract. The only question is whether the contract language itself effectively prohibits distillation.