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From: Chuck Simmons
Organization: You jest.
X-Mailer: Mozilla 4.61 [en] (X11; U; Linux 2.0.33 i586)
Subject: Re: Publishing engineering techniques?
Date: Sat, 07 Sep 2002 20:58:51 GMT
NNTP-Posting-Date: Sat, 07 Sep 2002 13:58:51 PDT
John Woodgate wrote:
> I read in sci.electronics.design that Chuck Simmons
> wrote (in <3D79F56B.E095CBB1@webaccess.net>)
> about 'Publishing engineering techniques?', on Sat, 7 Sep 2002:
> >Apparently not. All sorts of contracts have no exchange of tangible
> >value. NDA's and other performance agreements not involving money come
> >to mind.
> An *agreement* doesn't need a consideration; a *contract* does. Only a
> lawyer can explain the difference.(;-)
An NDA can be and is enforced as a contract in that damages can be
awarded. The difference must be subtle indeed! In the case I knew about,
the party who recieved the information, a corporation, was enjoined for
five years from using it and the violator of the agreement was enjoined
from employment in any industry related to the kind of information
involved for five years. Note that an apparently innocent party can be
penalized. There is no obvious law that the corporation recieving the
information broke but it was placed at a disadvantage against
competitors that reverse engineered to get the same information.
... The times have been,
That, when the brains were out,
the man would die. ... Macbeth
Chuck Simmons email@example.com
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