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Comment on Why I'm not going to sign an NDA

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The reason I ask you to sign an NDA is not because I am scared you're going to steal my idea. We can talk in depth about the business over coffee, dinner, long weekend ad nauseam. But if you want to see the code and hear about the non-public deals then you sign an NDA.

I'm pretty sure this post is not meant to apply to real companies, but there is a lot more going on out in the real world than this straw man of cold-calling wantrepreneurs.

But if you want to see the code and hear about the non-public deals then you sign an NDA.

Aye, but that's not the point of the article. It's not that I (or the author) want to see code & details, it's that you want me to see them. The author makes clear he's got a thousand other items on his to-do list, and has a thousand people coming to him with allegedly brilliant ideas; he has no particular interest in the idea, is not already willing to give up something for access to the idea.

Sure, if I want in on your idea, I might be willing to give up something for that access - hence willingness to sign an NDA. But don't come to me with zero context saying "I've got this amazing idea, sign away your rights and I'll tell you about it." Kinda like a legislator saying "we have to pass the bill so you can find out what's in it"; we see how well that's working out...

This is a critical distinction to make. I'm constantly approached by people who want to use our platform for their business. Our platform is pretty much self service (API's,docs, pricing) but they really want to have a call with me to discuss their business and learn more about us. Ok, no problem with that. Then they say "Oh and you'll need to sign our NDA before we can tell you more about our business" Ughh! You want to tell me about your business in depth. I don't want to take on the burden of multi year lock in on data especially when I talk to a lot of startups all the time.

That's what I figured, but the title is overly broad. It's not actually about NDAs, it's about clueless cargo-cult entrepreneurs who probably have yet to start executing on their first idea. Saying "I won't sign an NDA" in bold face type out of context appears to be throwing the baby out with the bathwater. Most NDAs (especially the ones with any likelihood of being enforced) don't come from the type of person this article talks about.

Last NDA I signed somewhat specifically limited itself to the business aspects (tech was, oddly, missing).

I actually really like that model--it leaves me as an engineer free to talk shop and not perform mental gymnastics with the color of the implementation stuff in my head, and very clearly gives protection for the stuff that makes up the core business of the startup (you know, the actual business).

There seems to be very little real IP in web startups these days--and I really hate software patents. So, an agreement where I can't talk business but can talk code and techniques sits very well with me.

But if you want to see the code and hear about the non-public deals then you sign an NDA. I think most people would be fine with an NDA that just covered the code and a small slice of the deals. As long as it just covers specifics. Most people probably would just tell you to not show stuff you want to keep that secret though.
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