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Subject:RE: When are NDAs not binding? From:"Porrello, Leonard" <lporrello -at- illumina -dot- com> To:'Connie Giordano' <connie -at- therightwords -dot- com>, "techwr-l -at- lists -dot- techwr-l -dot- com" <techwr-l -at- lists -dot- techwr-l -dot- com> Date:Wed, 2 Nov 2011 21:07:55 +0000
Excellent article. Thanks!
-----Original Message-----
From: techwr-l-bounces+lporrello=illumina -dot- com -at- lists -dot- techwr-l -dot- com [mailto:techwr-l-bounces+lporrello=illumina -dot- com -at- lists -dot- techwr-l -dot- com] On Behalf Of Connie Giordano
Sent: Wednesday, November 02, 2011 1:20 PM
To: techwr-l -at- lists -dot- techwr-l -dot- com
Subject: RE: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean
I addressed some of the issues regarding samples and NDA's in an article I
did over the summer:
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.
Bottom line, review the NDA and ask questions before you sign. If you have
any doubt, talk to a lawyer and always ask for permission from the company.
HTH,
Connie Giordano
The Right Words, LLC
INKtopia Limited, managers of TechWhirl
-----Original Message-----
From: techwr-l-bounces+connie=therightwords -dot- com -at- lists -dot- techwr-l -dot- com
[mailto:techwr-l-bounces+connie=therightwords -dot- com -at- lists -dot- techwr-l -dot- com] On
Behalf Of Porrello, Leonard
Sent: Wednesday, November 02, 2011 2:23 PM
To: 'William Sherman'; techwr-l -at- lists -dot- techwr-l -dot- com
Subject: When are NDAs not binding? Was, RE: STC Certification - What Does
It Really Mean
When talking about providing samples, William said, "I have always signed
non-disclosure agreements. I will not under any circumstance give ANYONE who
does not have a need to know..." and "If it is available publicly, I point
them to such URLs or locations where they can find it."
Is an NDA binding after a company has made your (its) work available to the
general public?
How about if they have made it available or distributed it to parties that
have not signed an NDA?
Does your average NDA prevent one from providing heavily redacted versions
of a document that contains no proprietary information?
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