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#ActualServant of the Lord

Posted 15 November 2012 - 10:37 PM

Warning: I have zero understanding of this subject.

A couple add-on points.
Insist on a bi-directional NDA. That protects both of you (and it can keep the would-be employer from doing things like telling a competitor of yours how much you charge).

How does a bi-directional NDA typically protect ideas you yourself had prior to signing the NDA, that are now at risk from information the other party is divulging?

Example: I have a game idea involving x,y, and z. I sign a NDA for unrelated contracting work on Big Company's game. After signing the NDA, Big Company tells me their game involves x,y, and z. Now I can no longer use x,y, and z, despite coming up with the idea independent of their revelations, right? How does a bi-directional NDA typically protect both parties from independent and unforeseen conflicts in the information revealed?

The problem with a NDA is, that it is only a one-way contract. It protects the right of them, but it will hinder my future decisions. If I sign a NDA and got information about an idea I got myself, I will be hindered to use this idea in future projects. Signing many NDAs would be like killing off most of my creative decisions, even worse if I do not really know if any of the last X projects I worked on used this idea or not.
Therefore I would never sign a NDA for smaller projects or indie teams.


Do NDAs typically have an 'expiration date'?

The only NDA-like thing I've ever received was the following (by email):

I ___________ , acknowledge that the information I am agreeing to receive is "CONFIDENTIAL".
I ___________ , acknowlege that any information presented regarding the said topic, before or in
the future, is "NOT FOR DISSEMINATION", or to be used COMPETITIVELY.
I ___________ , understand the I am released from this agreement in 6 months ________, today's date.


It wasn't very professional, since the person sent me the information in question (both in email files, and discussing it at length via the phone) prior to having me fill it out. Posted Image
I filled it out via email and sent it back, figuring it couldn't harm me since it had an expiration date anyway, and I knew it was unrelated to my own business plans.

I modified it before sending it back. My modified version ran thusly:

I acknowledge that the <project>-related information I am agreeing to receive is confidential, and not for dissemination.
I acknowledge that any information presented regarding the topic of <project's general idea> and the monetizing of <project's general idea more specificly> is the property of <person I was discussing with>,
and I agree not to share the information without his permission, or use the information for competitive purposes.
I agree to not disclose the information contained within the package I am receiving, nor to make any use of it in any way without <person>'s permission.
I understand I am released from this agreement in 6 months from Thursday, March 13th, 2011, which is today's day.


In what ways can someone signing NDAs protect themselves from unforeseen sideeffects to their own projects?

#1Servant of the Lord

Posted 15 November 2012 - 10:35 PM

Warning: I have zero understanding of this subject.

A couple add-on points.
Insist on a bi-directional NDA. That protects both of you (and it can keep the would-be employer from doing things like telling a competitor of yours how much you charge).

How does a bi-directional NDA typically protect ideas you yourself had prior to signing the NDA, that are now at risk from information the other party is divulging?

Example: I have a game idea involving x,y, and z. I sign a NDA for unrelated contracting work on Big Company's game. After signing the NDA, Big Company tells me their game involves x,y, and z. Now I can no longer use x,y, and z, despite coming up with the idea independent of their revelations, right? How does a bi-directional NDA typically protect both parties from independent and unforeseen conflicts in the information revealed?

The problem with a NDA is, that it is only a one-way contract. It protects the right of them, but it will hinder my future decisions. If I sign a NDA and got information about an idea I got myself, I will be hindered to use this idea in future projects. Signing many NDAs would be like killing off most of my creative decisions, even worse if I do not really know if any of the last X projects I worked on used this idea or not.
Therefore I would never sign a NDA for smaller projects or indie teams.


Do NDAs typically have an 'expiration date'?

The only NDA-like thing I've ever received was the following (by email):

I ___________ , acknowledge that the information I am agreeing to receive is "CONFIDENTIAL".
I ___________ , acknowlege that any information presented regarding the said topic, before or in
the future, is "NOT FOR DISSEMINATION", or to be used COMPETITIVELY.
I ___________ , understand the I am released from this agreement in 6 months ________, today's date.


It wasn't very professional, since the person sent me the information in question prior to having me fill it out. Posted Image
I filled it out via email and sent it back, figuring it couldn't harm me since it had an expiration date anyway, and I knew it was unrelated to my own business plans.

I modified it before sending it back. My modified version ran thusly:

I acknowledge that the <project>-related information I am agreeing to receive is confidential, and not for dissemination.
I acknowledge that any information presented regarding the topic of <project's general idea> and the monetizing of <project's general idea more specificly> is the property of <person I was discussing with>,
and I agree not to share the information without his permission, or use the information for competitive purposes.
I agree to not disclose the information contained within the package I am receiving, nor to make any use of it in any way without <person>'s permission.
I understand I am released from this agreement in 6 months from Thursday, March 13th, 2011, which is today's day.


In what ways can someone signing NDAs protect themselves from unforeseen sideeffects to their own projects?

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