[consulting] Non-Disclosure Concerns?

[Andrew R. Kelly]

We do work for large companies who have canned NDAs that we need to sign.
If we don't sign the canned one, we risk delaying the project or just losing
the business.  At the very least, we need to spend $500 to get our
mouthpiece to review it.  So, we always sign it J.  Given that though, I am
always curious as to the legality of the terms that deal with ownership,
since we're dealing with GPL license product.  The way I've looked at it is,
I'll sign this doc but if push comes to shove, that clause won't hold up in
court because the GPL trumps the NDA.  I'm curious as to others' thoughts on
this, as we don't have the luxury of having an in-house council.

 

Andrew

 

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.





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