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From: Keith R. Williams
Subject: Re: Publishing engineering techniques?
Date: Sun, 8 Sep 2002 09:48:29 -0400
References: <3D78DCBD.8040105@BOGUS.earthlink.net> <firstname.lastname@example.org> <3D79F56B.E095CBB1@webaccess.net>
X-Newsreader: MicroPlanet Gravity v2.60
In article <3D79F56B.E095CBB1@webaccess.net>,
> John Woodgate wrote:
> > I read in sci.electronics.design that Frank Bemelman
> > wrote (in <3d790959$0$21872$1b62eedf@news
> > .euronet.nl>) about 'Publishing engineering techniques?', on Fri, 6 Sep
> > 2002:
> > >Regulations required I had to sign a contract anyway, so we agreed
> > >they send me a contract for "0" Euro.
> > Under English law, that probably wouldn't be a contract; there has to be
> > a 'consideration', usually a payment of some sort. The contract should
> > have been written with 1 Euro as the consideration (1 Euro-cent might
> > not be enough). I believe US law is similar.
> Apparently not. All sorts of contracts have no exchange of tangible
> value. NDA's and other performance agreements not involving money come
> to mind.
here may not be an exchange of $$, but there is an exchange of
information. Information is regarded as worth $$. Note that
most NDAs are two-way. Both parties are gaining information.
I've done a number of NDAs and the lawyers always want to know
what they're "giving" us and what we're "giving" them. There
must be a reasonable answer to both of these questions.
> More blatant was the faculty contract of a professor I knew at
> a major US university. His contract stated that he was appointed full
> professor of physics for some achedemic year at a salary of $0.00 per
> month "contingent upon availability of funds."
Was there some other thing of "value" attached, though perhaps a
"full professorship" was considered valuable. My father never
thought it was worth more than they paid him in green though. ;-)
> It is customary for bills
> of sale of tangible assets to mention money with a wording like "for the
> sum of one dollar and other valuable considerations." In the case of an
> article for a magazine, it is not at all clear that there is any
> transfer of a tangible asset.
Again, information is an asset. Future business is an asset. An
NDA need not include a dollar to be enforceable.
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