Wednesday, August 18, 2010

How to avoid signing NDAs

Eric Raymond dispenses some advice on how to avoid signing the dreaded Non Disclosure Agreements (NDAs). I've signed a few in my time, but on occasion managed to avoid them by quibbling over the legal minutiae. For example, at a job interview a few months ago I was asked to sign an NDA before getting a tour of the factory. Amongst several objectionable paragraphs the most ridiculous was one requiring that the agreement not only by binding on myself but also on my descendents too. I don't have any descendents, but can't rule out the possibility that I might have some at a yet to be determined point in future. It seemed unreasonable that persons as yet unborn should be legally compelled to observe the terms of an agreement made by me, so I refused to sign. Just as Raymond suggests, they had little interest in defending the zany terms of the NDA, saying that it had been written "by some American lawyer", and I still got my factory tour regardless.

In general it's a good idea to be wary of signing anything of a legal nature, unless you're sure what you're signing yourself up to. Otherwise you could be signing all of your possessions, inventions and/or rights away or doing yourself other kinds of disservice. Next time another NDA situation turns up I may try following Raymond's advice. Talking about fiduciary responsibility is certainly likely to bamboozle most secretarial workers, unless they've previously studied law.

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