This is not how it reads to me, from the document; "Recipient shall not be liable for disclosure of Confidential Information that (a) .... entered the public domain subsequent to the time it was communicated to Recipient by Disclosing Party other than by a breach of this agreement by Recipient." Recipient is defined as "identified below". i.e. the person signing the document. This does not cover breaches of NDA by other parties. Hence Hilbert can report such breaches and still adhere to the NDA he has signed. That's how it reads to me. Edit : However, this is all legal nonsense, as I previously said Nvidia will simply blacklist you if you publish stuff they don't like, NDA or no NDA so the wording is irrelevant for all practical purposes.