[asterisk-biz] Fascinating conversation with a prospective customer

[Trixter aka Bret McDanel]

On 1/9/07, Bob Smith <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 :)

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 ;)

-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
Belfast +44 28 9099 6461        US +1 516 687 5200
http://www.trxtel.com the VoIP provider that pays you!
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