OT: NDA as a Contracted Developer

[Richard D. Williams]

Jose,

You did the right thing.
An NDA or Confidentiality Agreement should not at it’s base be constructed to restrict what we do as a profession.

I’ve had as many as 7 clients in the same business, some even in the same state, and was never required to sign anything.  They all knew I was discreet and professional.

Richard

Sent from my iPhone

> On Sep 13, 2021, at 3:41 PM, Richard Kreiss via Filepro-list <filepro-list at lists.celestial.com> wrote:
> 
> I was asked to sign up for a doctors portal. I read the user agreement which stated that I was responsible for my own security. This was part of the paragraph which discussed keeping ones password and login secure. I mentioned to my wife, that I wold not agree to use their portal as I would have the FBI and police at my front door if I called and asked what equipment ( firmware and software levels). They were hacked and everyone(250,000 plus) users had no case for their lost information as they had agreed to the user terms. 
> 
> Southwest Airlines had as part of their user agreement that the could access everything on your device. This would allow them to access your contact list and sell the names to anyone they want. I did not accept their terms   
> 
> So, you were correct I. Not signing the NDA. Their legal department did does not understand the ramifications of this agreement. It is all one way in their favor. 
> 
> I went to work for a company that wanted me to sign a non compete agreement. I checked with my attorney who said it was unenforceable as I already called in everyone in their system. I had the listing on who I was calling I’m on. In fact they wanted to know how I took a sake away from them when my quote was 45,000 dollars higher then theirs. I had done this a number of times. Maybe to to that $ extent. But a sale was a sale. 
> 
> Richard Kreiss
> GCC CONSULTING 
> Sent from my iPhone
> 
>> On Sep 13, 2021, at 2:50 PM, Fairlight via Filepro-list <filepro-list at lists.celestial.com> wrote:
>> 
>> On Mon, Sep 13, 2021 at 01:47:31PM -0400, Jose Lerebours via Filepro-list thus spoke:
>>> - I could not engage business activity with nor use as service providers
>>> anyone they do business with (well, would this mean that I would have to
>>> drop, say, my web service provider, my accounts with AWS, Twilio, MailChimp,
>>> GMail, and others we both commonly use?)
>>> 
>>> - Could not work for, directly nor indirectly with anyone they do business
>>> with nor anyone any of their affiliates does business with ... and so on and
>>> so forth ... (Well, wouldn't this mean that if he can identify anyone
>>> entity, however remote from his primary business, is directly or indirectly
>>> linked to any of his customers or affiliates, I could not do business with
>>> that party?)
>> 
>> If their own vendors are so untrustworthy that you may not use them in a
>> non-competitive fashion, they're not very good providers, are they?  More
>> likely, this company (or at least their 'legal' department is just plain
>> bent, given how widely used AWS is.
>> 
>>> There are clauses talking about not using computer, software or technology
>>> employed by them - hell, if I could not use "computer" or "related
>>> technologies" what will I do for a living then?
>> 
>> So if they use the SSH protocol, you suddenly cannot connect with anyone
>> (including them, apparently!) via ssh?  So how do you even do their
>> work?  Fuck that. :b~~~
>> 
>>> The first sign that the NDA was not going to get signed was it being about 8
>>> pages long, NDA are normally 1 or 2 page long ... the guy did not even
>>> bothered to narrowed down to his specific industry (Medical Insurance
>>> Underwriters) as I suggested - I asked him to revise it, he sent a draft of
>>> how he would change it and then ends up sending the same thing in different
>>> order.  lol
> 
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