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> Forgive me, but do you really believe that an NDA is "stupid?" Can you
> give me an example (anyone) of a stupid NDA?
I've seen so many. Agreements that last forever, agreements that last far
longer than the information is useful, agreements that protect
publicly-available information (including the HTML code for a Web site,
which anyone can read with the View Source command), agreements that protect
*everything* the writer learns, agreements that prevent the writer from
disclosing that s/he signed the agreement, agreements in agency contracts
that prevent the writer from disclosing who s/he's interviewed with (say an
agency sends a writer to a major employer in the area; is the fact that the
agency is trying to place a writer there crucial? no, because *every* agency
in the area is trying to place writers there), and so on.
NDAs aren't a trivial matter. Most of the court decisions on the Web
describe over-reaching NDAs in fundamental constitutional terms. They
describe them as anti-capitalist--capitalism is about competition and
over-reaching NDAs stifle competition--and inhibiting one's pursuit of
happiness--that is, inhibiting one's freedom to earn a living. Those are
basic American values, and over-reaching NDAs are, wow, un-American! Holy
smoke!
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