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Re: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean
Subject:Re: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean From:Gene Kim-Eng <techwr -at- genek -dot- com> To:techwr-l -at- lists -dot- techwr-l -dot- com Date:Wed, 2 Nov 2011 13:47:57 -0700
NDAs will be covered by state laws rather than federal, so if there are any
time limits on them they will vary by state. The usual end of an NDA is
when confidential information or trade secrets cease to be confidential or
secret. There are usually natural, default triggers for this, such as
public release of documents, patent filings and expiration of patents or
copyrights.
OTOH, the Carthusian Monks have managed to keep the recipe for Chartreuse a
secret since the 1700's.
Gene Kim-Eng
On Wed, Nov 2, 2011 at 1:19 PM, Connie Giordano <connie -at- therightwords -dot- com>wrote:
> Once your work has been made publicly available, chances are you wouldn't
> even get a C&D. Remember that you do not hold the copyright for works
> made
> for hire. You could probably make the case that you didn't violate NDA
> terms
> if you know for certain that material was made available to others without
> an NDA. Tough to prove. I've never seen an NDA go beyond 5 years, and I
> don't actually know if a statute of limitations would even apply.
>
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