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No I won't sign your NDA, here's why.

blog.jpl-consulting.com

11–20 of 99 posts

Re: No I won't sign your NDA, here's why.

#11
The thing that confuses me about all this is that an NDA is a non DISCLOSURE agreement, not a non COMPETE agreement.

Therefore and NDA is pretty worthless when it's at the 'idea's stage. Most people seem to think it will prevent you telling anyone about it AND copying it. Or am I missing something?

Re: No I won't sign your NDA, here's why.

#13
I love this: boy it's true...

It’s a well documented phenomenon how idea-havin’ first timers just need a programmer to bring their vision to life, as though the idea is somehow half the battle (or 90%, as folks like me often get offered sweat equity deals–10% seems to be a popular number).

Re: No I won't sign your NDA, here's why.

#15

Frankly, I am getting tired of this "ideas are worthless, execution is golden" mantra. Of course, "let's build a online shop" idea is useless, but it's not really an idea to begin with. An idea that is worth discussing with others would typically include some minimal validation, an execution and marketing plan and, in general, some amount of thought put into it. Because otherwise it's not an idea, but a random brainf…

Is one of the four words "awesome"? But in seriousness, I agree with you that in many endeavors the ideas are as important as the execution. Hell, in software, much of good execution is just good ideas on a smaller scale.

Re: No I won't sign your NDA, here's why.

#16

Related: the abysmal state of IP clauses in developer contracts. This and the NDA bandwagon all stem from the same root sickness in society - the delusion that someone can own an arbitrary piece of information in the same way that they can own a physical object. http://www.exratione.com/2011/11/the-miserable-state-of-inte... The topic for today is the sorry state of affairs that the intellectual property behemoth has…

It's worth noting that many states, including CA have laws that say something to the effect of:

Anything you do on your own time, with your own equipment, that is not related to your employer's line of work is yours, even if the contract you signed says otherwise.

Re: No I won't sign your NDA, here's why.

#17

Related: the abysmal state of IP clauses in developer contracts. This and the NDA bandwagon all stem from the same root sickness in society - the delusion that someone can own an arbitrary piece of information in the same way that they can own a physical object. http://www.exratione.com/2011/11/the-miserable-state-of-inte... The topic for today is the sorry state of affairs that the intellectual property behemoth has…

It's worth noting that many states, including CA have laws that say something to the effect of: Anything you do on your own time, with your own equipment, that is not related to your employer's line of work is yours, even if the contract you signed says otherwise.

Yes, But a contract forbidding outside consulting is still grounds for termination. You just know that they can't legally claim the work you did for themselves.

Re: No I won't sign your NDA, here's why.

#18
I have a friend and partner who is building the back-end to a project I talked to him about. I presented every aspect of it, built a comprehensive wireframe and I'm working on the design.

He has plenty of work and talent, all I tried to do is explain myself clearly and try to spark his curiosity a bit. Then I built something on my side to be able to present to him and show that I'm also bringing something to the table. I don't want him to feel at any time as if he's working for me rather than with me.

Of course it helps that for him the task is "Really fuckin' easy!". I'd deal the same way with someone I don't know as well and I think that openness and equally perceived work load are key elements to a successful working relationship where you might feel as if the other has a more useful skill set.

Re: No I won't sign your NDA, here's why.

#19

Frankly, I am getting tired of this "ideas are worthless, execution is golden" mantra. Of course, "let's build a online shop" idea is useless, but it's not really an idea to begin with. An idea that is worth discussing with others would typically include some minimal validation, an execution and marketing plan and, in general, some amount of thought put into it. Because otherwise it's not an idea, but a random brainf…

If this idea that needs protection can be fully described in just four words, what, in your opinion, has prevented the "established players" from coming up with this idea already?

Re: No I won't sign your NDA, here's why.

#20
post #10

Related: the abysmal state of IP clauses in developer contracts. This and the NDA bandwagon all stem from the same root sickness in society - the delusion that someone can own an arbitrary piece of information in the same way that they can own a physical object. http://www.exratione.com/2011/11/the-miserable-state-of-inte... The topic for today is the sorry state of affairs that the intellectual property behemoth has…

FWIW, I just signed an employment agreement with a major development firm which included similar clauses. I was about to reject it and ask them to send one without such onerous restrictions when I got to the end of the section which included a large caveat "This section shall only apply to work performed on company time with company equipment," just in more legalese. As a graduating college student I've heard others…

As a counterpoint, I recently wound up refusing to sign a contract that was an absolute mess. The prospective client wanted absurd things, like for me to indemnify them against any future IP litigation, whether I infringed on a patent knowingly or not. And they wanted ownership of every piece of code I typed, according to their contract I couldn't even hit backspace unless I committed the mistake first.

We never reached any middle ground. This happened months ago, and they're still looking.

I assume they'll continue to have this problem, because they're trying to hire a senior level person, but they want that person to make junior level mistakes wrt to the contracts they'll sign.

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