[asterisk-biz] Fascinating conversation with a prospective customer

[Paul]

Trixter aka Bret McDanel wrote:

>
>
> On 1/9/07, *Bob Smith* <bureau at inmte.com <mailto:bureau at inmte.com>>
> wrote:
>
>     forgive me if im wrong here. but.. ain't all this about intellectual
>     property and knowledge gained from working with employer that
>     cannot be
>     found by normal means ? like contacts/ prices for x y z.. /
>     sources for
>     x y z products.. if really hard to find ?..
>
>     so i work at tim hortons, and i make coffee.. now if i signed an
>     NDA, i
>     sure can't go away and make a bob horton's with the recipe i stole
>     from
>     there.. but i SURE CAN go  make cofee with my own recipe..
>
>     coffee /sugar/milk and cherry syrup ;)
>
>
> that depends on the wording of the NDA.  Some have wording  that
> includes 'if you learned how to make coffee here you cant go elsewhere
> and make coffee for life' (usually more generic than that, but same
> intent).  Those are generally not enforcable, but to avoid potential
> problems, if the contract states that ask for it to be removed, if
> they refuse, you know who you are dealing with before you do any work
> and anything that happens is your own fault :)

I want to rent an apartment. Every contract I see says I can't change
the locks. My attorney tells me that is not legal. If I change the locks
and there is a real emergency like fire or broken water pipe they break
down the door. If the emergency is covered by insurance the insurance
company covers the door because the law clearly allows me to rekey the
lock unless it is something like a hotel room.

I really need an apartment. I am going to rent it and change the lock.

I really need a job. I am going to sign the unenforcable contract and go
to work.

It's up to the lawmakers to rectify these things. We don't want people
homeless and unemployed because of fools with foolish legal paper in
their hands. There is a huge shortage of landlords and employers who are
not fools.

>
>     point is you can't NDA a line of work.. its just not only stupid , but
>     proves that the employer in question is not only someone  that is
>     trying
>     to scam you ( probably scared since you helped him so much ) or a dumb
>     ass that needs a back alley beating till he....
>
>
> Maybe, maybe not.  Sometimes business guy asks law dude to write
> something that includes company specific knowledge, and law dude doing
> his job writes it as generic and vague as possible but still be
> reasonably binding.  You then end up with clauses that *can* be
> interpreted outside their meaning (and sometimes the law) whether or
> not the company intended that interpretation at all. 
>
> It isnt uncommon for people to blindly trust professionals.  How many
> people trust the mechanic when they are told they need a new widget
> for their car?  How many trust the doctor when he says 'take 2 of
> these and call me in the morning'? 
>
> That is why you should always read what you sign, and if you arent
> sure what something means get a professional that you trust, but dont
> blindly trust that person ;)

I would approach things your way when operating as a businessman with a
prospective customer. When seeking to rent business premises I would
operate the same way I operate in seeking a place to live. Pretty much
the same applies to dealing with vendors. I need something so I click
through the ridiculous terms of service and buy it. I have a voipjet
account and I really don't care if their tos forbids me from saying
that. Unless they can prove damages the most they can do is suspend the
account I haven't used in over 6 months and keep my $6 balance.