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From: John Woodgate
Subject: Re: Publishing engineering techniques?
Date: Sat, 7 Sep 2002 22:05:09 +0100
Organization: JMWA Electronics Consultancy
Reply-To: John Woodgate
NNTP-Posting-Date: Sun, 8 Sep 2002 06:38:14 +0000 (UTC)
X-Newsreader: Turnpike (32) Version 4.01 <5Z8C9wtxbnpWyFnyfFzqmVF739>
I read in sci.electronics.design that Chuck Simmons
wrote (in <3D7A61AB.7AD3A3F8@webaccess.net>)
about 'Publishing engineering techniques?', on Sat, 7 Sep 2002:
>I have a bone to pick with NDA's in that in many cases the information
>has no value whatever. I am party to two NDA's in which my breach would
>produce absolutely no monetary loss to the other party nor give any
>other party any gain. This was not true when I signed them but the
>wording keeps them in effect even when there is no value (it is a matter
>of competition in a space where products are free - very strange). The
>NDA's you speak of have time to market value or trade secret value
>(trade secrets are more powerful and useful than patents but more
>slippery in that patents tend to be used only as trading chips with no
>value attached while trade secrets secure real advantage).
NDAs are very obviously 'agreements' and NOT contracts. The rules are
different; an agreement does not need a consideration.
> Also, I am
>currently bound by NDA's to which I am not a signator. This oddity seems
>to be an interpretation that allows one contract to inherit the full
>terms of contracts entered into by the contractee with third parties
>after the original contract was signed.
IANAL, but I'd be very surprised if that would stand up in court, in
England anyway. A contract is void if one party did not understand it or
was unaware of any of its provisions. You could not be aware of the
provisions of a contract that did not exist when you signed the
original. The only case that is valid is that if you contract with X,
and all of X's contracts are assigned **without any change whatsoever**
to a successor in title, Y, then you become contracted to Y. Is that
what you mean? If so, it's not unreasonable; otherwise if 'Ma and Pa
Electronics' changed its name to 'Universal Meggatronics Corporation',
it would lose all its prior rights.
Regards, John Woodgate, OOO - Own Opinions Only. http://www.jmwa.demon.co.uk
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