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Ask HN: Would you sign an NDA?

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Re: Ask HN: Would you sign an NDA?

#11
To hear an idea, no.

Though I do sign them when working with a client if it makes them feel more comfortable while we work with each other (which is understandable since I often need to do thorough research and gain access to source code to do my work). Other than losing a potential piece in my portfolio I feel I don’t lose much in signing an NDA in many of those cases.

Re: Ask HN: Would you sign an NDA?

#12
I will sign an NDA only if it is very specific and very limited, and relates to something concrete: for example, "the list of our clients and their contact details". Anything broader, never. Before we sign an NDA, we need to run it past our lawyers, which means legal fees, which means we have to bill the potential client. Somehow, suggesting that they cover our legal fees seems to scare off most potential clients, which gives some idea of how serious they are.

For ideas, there are patents. If somebody tells you to sign an NDA because they haven't got the patent yet, they're being naive. Assume their idea is really brilliant and technically innovative. They're busy patenting it, but tell you under NDA. You tell your friend Sue, who goes and rolls it out before they do. Well, now they can sue you for the billions they will never make - good luck with that. But they can't sue Sue: she never signed anything with them, and they don't have a patent. If there's really a "secret sauce", patent first, talk later. Generally, though, there's just ketchup.

I've also seen too many NDA's that include some sort of "rights grab", such as "any ideas that come up during our discussions belong to the company."

I wish independent developers would stop signing anything that is put in front of them. It makes me seem quite unusual in the industry, and often means that the first 45 minutes of a meeting is spent explaining why I don't sign NDA's.

Re: Ask HN: Would you sign an NDA?

#13
post #9

I'll answer from the other side, as a co-founder. I won't ask you to sign an NDA to hear my idea. The idea by itself is worthless but your feedback to the idea is invaluable to me. I won't ask you to sign an NDA to play with my prototype/MVP. It is a product and I want customers/testers/critics to try it out and give me feedback. I WILL ask you to sign an NDA before I discuss technical details that I will be includin…

Cannot upvote this enough. When most people say "idea" (including you here), they are not talking about something that is a non-trivial patentable invention (which you cover later). NDAs are for such IP, not for simple business "ideas" about making this or that app. Probably because what one encounters 99.9% of the time in the simpler class, most of the comments here are biased against NDAs.

I am working on some that are non-trivial, and some that aren't. For the non-trivial ones, we closely examine everything we find or come across for potential overlaps to constantly assess its potential. It is also true that these are very hard to find because people across the world have already worked on many different things. Sometimes the unknowns involved do not resolve in your favor, as in, the technical solution you were investigating does not work out. And this could very well mean that other people may already have tried that path too without resulting in a story that would be found over the Internet.

I have no reason to believe that "such" ideas are dime-a-dozen. But yes, for the same reason, chances of those ideas working out becomes rare by definition.

Re: Ask HN: Would you sign an NDA?

#14
You seem to provide technical services. You can similarly provide NDA signing services (for a fee). If it is really important for someone to protect their great idea and at the same time share it with you, charge minimum $100 for it. Will cover your time and effort to keep a track of all those NDA documents.

Keep the NDAs for discussing ideas, with a really short time validity of just two weeks or maybe just one day. In a month you can be explained all there is to be explained about "just an idea".

Beware of any "non-compete" clause in an NDA.

All NDAs should be mutual. You hear an idea, you give feedback, you have rights over that i.e. your feedback cannot be publicly disclosed to others. Wow ! You can now give brilliantly ambitious feedback!

Also if you follow the above, all those people who want NDAs signed will probably run away from you. So follow advice at your risk!

Re: Ask HN: Would you sign an NDA?

#15
I have people at my office tell me that all the time. That they have some awesome idea but won't tell me what it is unless I sign an NDA. If they aren't willing to tell me about their idea when the first bring it up, I don't even entertain the conversation. I'll just tell them good luck with the project and change the conversation.
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