N o    N D A s    o n    i d e a s.

  We denote here: NDA - Non Disclosure Agreement.
  We don't mix it with with: NCA - Non Compete Agreement.


NDA on ideas - kills programmers creativity. NDA - makes programmer a slave.
NDA on ideas - is a fiction. Employer should not rely in it.
The best lawyer - the most harmed employee.
The solution - make NDA symmetric.


H e r e    i s    w h y :


Most of NDAs I have met and signed require to keep in secret ideas and
inventions happened during employment and no matter were these ideas and inventions
brought by employee or the working team.

They designed to protect intellectual property of the Company.
They don't care about consequences for programmer, so they define ideas and inventions
in most broad and vague terms.

If later, programmer comes up with idea of improvement of former idea, programmer cannot
develop neither one. Because the new idea most likely was influenced by the former and hence
developing a new idea is a breach.

Ideas are sort of leak, subtle and subconscious; how one separate the ideas
caused by previous job and other sources? The honest employee has always to
think about the boundary and this truncates the thoughts and makes job
impossible.

This completely kills programme's creativity which is a heart of programmers work, employment,
and in most cases the source of living.

So, one have to kill own ideas to stay away from possible breach ...
This is a slavery ...   This is why we no longer sign it ... And patiently wait when the last signed NDA expires ...

Long lived Open Source! ...




2. 
The Company which includes "ideas clause" into NDA has a wrong impression about protection.
Rare programmer can "kill own-self" by truncating own thought and creativity.
Likely ex-employee will come up with better ideas and solutions which will overrun the former sofware.


Long lived Open Source! ... We no longer sign up NDA with invention clause.


3.

M e s s   o f   w o r d s   i n   N D A s.

Understanding the lawyer's language of NDA is the same as deciphering
Germany's Enigma. In most cases we have to sign what we don't understand by
listening the resting voice of HR worker, "... sign this dear, it is just to protect the
Company ... not intended to hurm you ... written by professional lawyer ..."

We feel that these lawyers really protect the Company. They don't think to
protect a programmer. Such "best-written" NDA are really written in most
vague words in relation to protect employee.


4.
The employer usually short-sighted. Employer usually don't understand that
good programmer values own creativity and wont sign too restrictive NDA.
Why good programmer should ruin the rest of own life?
If you have good NDA, forget to have a good programmer ...
Good NDA does not protect the Company. 
It protects the Company from getting a good team.


Long lived Open Source! ... I no longer sign up NDA on ideas.


5. 
The solution:
If nevertherless one is going to sign NDA on "ideas", make it symmetric.
Amend this NDA with your own phrase to agreement and make it like this:

"... in case if employment agreement is terminated, employee is obligated to
keep all ideas and inventions made during the work in sectret, not use them in the following work, ... AND
the Company is obligated not to use the ideas contributed or influenced by employee in any product and following development.
For N years.

We are sure this make an employer thinking ... 

Long lived Open Source! ... We no longer sign up NDA on ideas.

We don't complain. We have been paid well. We patiently wait until last
signed NDA expiration date.

Long lived Open Source! ... I no longer sign NDA on ideas.



NDAs on Drafts
NDAs on Writtent Soft.
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