Re: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean

Subject: Re: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean
From: Gene Kim-Eng <techwr -at- genek -dot- com>
To: techwr-l -at- lists -dot- techwr-l -dot- com
Date: Wed, 2 Nov 2011 13:47:57 -0700

NDAs will be covered by state laws rather than federal, so if there are any
time limits on them they will vary by state. The usual end of an NDA is
when confidential information or trade secrets cease to be confidential or
secret. There are usually natural, default triggers for this, such as
public release of documents, patent filings and expiration of patents or
copyrights.

OTOH, the Carthusian Monks have managed to keep the recipe for Chartreuse a
secret since the 1700's.

Gene Kim-Eng


On Wed, Nov 2, 2011 at 1:19 PM, Connie Giordano <connie -at- therightwords -dot- com>wrote:

> Once your work has been made publicly available, chances are you wouldn't
> even get a C&D. Remember that you do not hold the copyright for works
> made
> for hire. You could probably make the case that you didn't violate NDA
> terms
> if you know for certain that material was made available to others without
> an NDA. Tough to prove. I've never seen an NDA go beyond 5 years, and I
> don't actually know if a statute of limitations would even apply.
>
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Follow-Ups:

References:
Re: Technical writing as a trade; was, RE: Give Me a Clear Thinker (was STC certification: what's in it for tech writers?): From: Steven Jong
STC Certification - What Does It Really Mean: From: William Sherman
When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean: From: Porrello, Leonard
RE: When are NDAs not binding? Was, RE: STC Certification - What Does It Really Mean: From: Connie Giordano

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