[consulting] Non-Disclosure Concerns?

[Ms. Nancy Wichmann]

I don't have a major problem with NDAs. However, like Christian said, read it before signing it. I often find there is more than non-disclosure in there.
 
Intellectual Property (IP) clauses are a different story, though. In general I will strike those out entirely. They make no sense at all in an open source project. The company's rights are fully protected under [properly worded] non-disclosure. For example, every IP clause I have ever seen says that the instant Drupal is installed, they own it. I don't have that authority. What is developed specifically for them is theirs, but nothing else. And, if having done that, some of the techniques are useful for a later client, I still have the right to use them, as long as the first company's non-disclosure is honored. I am coding, not inventing light bulbs.

Nancy
 
Injustice anywhere is a threat to justice everywhere. -- Dr. Martin L. King, Jr.

From: Dave Hall
>insert IANAL, OMGWTFBBQ and all the TLAs you can think of here
>
>Years ago I used to sign NDAs and far worse up front for projects.  
>These days I adopt a you show me yours before I show you mine approach.  
>I am happy to discuss NDAs, IP, rates and everything else at the same 
>time.  Without seen a spec or existing code I can't quote.
>
>At the same time if MegaCorp International Inc contacted me and asked me 
>to sign an NDA before discussing a new project, I would consider it.  If 
>some random guy was offering me equity in his new venture and he wanted 
>to tell me all about it, but I had to sign an NDA first, I'd be unlikely 
>to consider replying to his email.
>
>It is a similar story when it comes to IP.  If MCII wanted to own the 
>code, but give me a license to use what I produced as I saw fit with an 
>explicit approval to release it as open source I would consider it.  If 
>someone wanted to own everything including my first born, then I'd walk.
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