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04-23-2013, 08:26 PM
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#1
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Status: Member
Join date: Mar 2005
Location: baltimore, md, usa
Expertise: php, mySQL, js, aJax
Software: virtual brain cells
Posts: 167
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NDA's
Are all NDA's the same?
I wish to bring another programmer on board my large personal project which will eventually bring in revenue. I don't want the code to be leaked, so I know an NDA must be signed. Problem is if the NDA is broken such as the code being leaked, what can I do? File a lawsuit?
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04-26-2013, 03:56 PM
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#2
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Status: Member
Join date: Mar 2005
Location: baltimore, md, usa
Expertise: php, mySQL, js, aJax
Software: virtual brain cells
Posts: 167
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I also should state, I live in the United States. Should I only bring another programmer in from the United States? Is NDA's even valid in other countries?
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08-13-2013, 01:55 PM
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#3
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Status: Member
Join date: Feb 2010
Location: New York City
Expertise: all editorial, bsns consulting
Software: zotero
Posts: 238
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Psychotomus
Did you resolve this problem?
FWIW, if you are concerned about disclosure you should rely on a US programmer. Even if your contract is enforceable internationally, there is no effective way to do so.
Also, be sure that your contract with this person identifies the state laws under which you are working. Saying, for instance, that this NDA or contract is governed by the laws of the state of Maryland means that if there is a lawsuit it will take place there, and not in Alaska, Delaware or Guam, which may offer different protections.
As for the enforcability of any NDA: it's always tough, and frequently your only recourse is a lawsuit. since that means you spend money and you have to prove damage (read: long and expensive, even if you win), you need to be as certain as you can be that the person you're working with will not do this.
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08-20-2013, 06:25 AM
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#4
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Status: I'm new around here
Join date: Apr 2009
Location: Nevada
Expertise: Project Management / SEO
Software:
Posts: 22
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For any professional relationship to exist there must be some form of non disclosure agreement signed. Even companies require this from their employees to protect the company's assets. I get the feeling that you do not trust this developer, if that is the case then I think you should look for someone local / within your town to ensure you have a better handle on the development of your website.
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