* Does anybody else remember the much-publicized squabble between Apple &
Msoft back in late 80's/early 90's, I believe, over who "owned" The Trash
Can as the Delete symbol? LOL
NDA's are ultimately relevant only to "what's enforceable". UxP is usually
"building a better mousetrap". To my understanding, nobody actually owns
the concept of a mousetrap - tho I'm sure that there are protectable patents
on some of the different unique methods.
Net/Net: No court is going to prevent you from making a living.
Most large corps put in expansive language - thanks to their Legal
Department - but aren't really interested in preventing you from using your
UxP skills, much as their over-priced lawyers might want it.
Anyhow, most big corps aren't interested in doing that. If their lawyer
scum DOES try to intimidate you, you might ask them if they really want to
be the Goliath/BigCorporateBully figure in a "restraint of trade" suit.
In my experience small entrepreneurs far likelier to be actively neurotic
about their genius killer app. But that's another story...
And - obviously - I'm not a lawyer.
John
Generally, I ask if the client can identify what they want to protect. It's
usually a) data, b) confidential clients or c) some obscure code that you
aren't going to touch anyhow.
* If they make a convincing argument that the UI is really the only
competitive edge they want to protect, then you might want to ask them if
they'd like to make you a partner...
----- Original Message -----
From: "Chauncey Wilson" <chauncey.wil...@gmail.com>
To: "Stefanie Kelly" <stefa...@conceptfarm.ca>
Cc: <disc...@ixda.org>
Sent: Wednesday, September 02, 2009 5:25 PM
Subject: Re: [IxDA Discuss] Non-disclosure agreements
You need to see a lawyer about this and it should be someone who is an
intellectual property attorney (my wife is one so I get good advice).
State laws do vary and while a non-compete can have a non-disclosure
statement, an NDA related to the specific project is not the same.
Companies will often negotiate terms of non-competes and NDAs if you
bring things to their attention though some are also very resistant to
changes.
See an IP attorney to be safe.
Chauncey
On Wed, Sep 2, 2009 at 3:44 AM, Stefanie Kelly<stefa...@conceptfarm.ca>
wrote:
I have a new client who wants me to sign an NDA. The issue is, what I
would be working on has to do with consumer experience. There is a
line in the NDA she sent me that says "all information or material
that has or could have commercial value or other utility in the
business in which Disclosing Party is engaged." That to me seems way
too broad and could negate my ability to work on other projects
related to user experience. Obviously, I am in no way willing to do
that. It does seem like a pretty good project though, so I wanted to
take some time to adjust the NDA she sent me to something I actually
would be willing to sign. I was hoping maybe some of you on here have
an NDA template that is less vague and more protective of designer's
rights. In lieu of any examples, any suggestions as to wording that
would not write myself out of future opportunities, yet promise not
to reveal details of the client's specific idea, would be greatly
appreciated.
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