this post was submitted on 28 Nov 2023
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[–] SHamblingSHapes@lemmy.one 153 points 1 year ago* (last edited 1 year ago) (5 children)

I didn't sign for a weird thing.

I was going to go on a first date when the guy asked me to sign an NDA. He was attempting to be a content creator on YouTube, tiktok, etc., and thought he needed to start "protecting his reputation". I declined the date.

[–] MrVilliam@lemmy.world 54 points 1 year ago (1 children)

If it was around the time I suspect, he might've been worried about the me too stories that were breaking. Which means he thought his own conduct could've been seen as questionable. Which means it was very questionable. So bullet dodged. Hooray for not being one of his sexual assault victims.

[–] NOT_RICK@lemmy.world 27 points 1 year ago (3 children)

Aren’t NDAs unenforceable against illegal conduct anyway? I suppose he could have been covering for gross behavior that wasn’t across the line into full criminality. Either way, what a fuckin dork, I hope his channel sucks.

Aren’t NDAs unenforceable against illegal conduct anyway?

Yes, absolutely. You can't sue someone for violating an NDA if they did so to report a crime.

But a lot of people are morons that don't understand how the law works.

[–] agressivelyPassive@feddit.de 13 points 1 year ago

Such clauses/contracts often are just an empty threat. If enough people believe in its legality, they will act accordingly, so it accomplished its goal.

[–] Admetus@sopuli.xyz 5 points 1 year ago

Basically any organised crime is full of NDAs so by this point, definitely unenforceable.

[–] SpaceNoodle@lemmy.world 40 points 1 year ago

NDA now stands for "No Date, Asshole."

[–] ConstableJelly@beehaw.org 13 points 1 year ago (1 children)

I am impressed by your resilience that you didn't immediately swoon over his intelligence, diligence, and confidence, which is what I would strongly presume was his actual expectation.

[–] Admetus@sopuli.xyz 8 points 1 year ago

Don't forget his charisma. He probably has a few hundred views by now.

[–] xmunk@sh.itjust.works 10 points 1 year ago* (last edited 1 year ago)

Thank you, good sir, for openly advertising the most obvious red flag ever.

influencer tips fedora and "M'lady"s

I couldn't say.

[–] Varyk@sh.itjust.works 76 points 1 year ago (3 children)

I wasn't allowed to tell anyone that my flatmate isn't allowed to work for another company in their industry for twelve months after they leave their current job.

The company is owned by a foreign national and their hiring documents were full of weird, improper regulations, including any residents of the house not revealing any of the NDA that my flatmate signed, so while I didn't sign anything, I was technically(impractically and I can't imagine legally) forbidden, according to a clownish NDA, from discussing all sorts of things.

[–] Crackhappy@lemmy.world 57 points 1 year ago (1 children)

Any judge would laugh that out of court.

[–] Varyk@sh.itjust.works 31 points 1 year ago (1 children)

Yes, I read the whole thing just to see what else it said.

The company technically owes the signing employee at least 6 months of any revenue connected to any project connected to that employee's position at the time of signing.

It's supposed to be a salaried compensation point, but is vaguely worded incorrectly enough that it logically says any project connected to that position at all must direct a portion of its revenue to that employee, regardless of any circumstance.

Without any qualifications such as length of hire, time spent on the project, nominal involvement, a minimum of 6 revenue months of projects connected to that position must be directed toward the employee.

[–] Atemu@lemmy.ml 28 points 1 year ago

Sounds like your flatmate should invest in a lawyer. That company probably owes them a ton of money.

[–] xmunk@sh.itjust.works 32 points 1 year ago

You didn't sign shit and contracts, at least in North America, require mutual consideration to be at all enforceable.

You received nothing, you owe nothing.

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[–] planetaryprotection@midwest.social 66 points 1 year ago (3 children)

I used to work for a startup that laid claim to all "ideas" that I had, in or out of working hours, during my period of employment with them.

[–] xmunk@sh.itjust.works 24 points 1 year ago

That's relatively common... if the company isn't full of dick bags you can usually get specific carve-outs. Nobody gives a shit about the game you're programming on the side - they're just unfamiliar with corporate espionage laws and being overly defensive.

At EOD any real lawsuit is going to pretty much ignore any NDA that isn't hyperspecific. I mentioned in another comment that I signed an NDA preventing me from disclosing the contents and parties in another NDA... that's highly fucking enforceable, and it's necessary because normally surface level information about contracts aren't considered secret knowledge. But all the ones we programmers sign are nearly completely horseshit - not because you can freely violate it, but because disclosing proprietary business practices is already illegal unless explicitly allowed.

[–] Atemu@lemmy.ml 13 points 1 year ago (1 children)

Funny story but that's how the patent law works in Germany and I believe at least Japan aswell. I don't know about other places but I wouldn't be surprised if this applied to the majority of the industrialised world.

If you come up with an idea that could be patented while employed, you must to tell your employer about it and offer it to them. In return, they must either register it themselves and give you an appropriate compensation or decline ownership of it; allowing you to register it yourself.

Rationale behind that, if you work in i.e. IT and invent an IT-related thing after you've clocked out for the day, you probably wouldn't have had the idea if you hadn't spent the majority of your day working on the topic for a couple years.

I think this is actually quite fair as, even if the company decides to keep it for themselves, it'd register, use, license and defend the patent for you (for a great cut of course).

[–] Appoxo@lemmy.dbzer0.com 15 points 1 year ago* (last edited 1 year ago)

I might have forgot it coming through the doors at work.

Fuck that logic <3

Edit: I'd guess the law was made by employers so the loopholes must be plenty to spin the compensation for low level staff enough to justify giving 1% or something from the patent revenue.

[–] Cheradenine@sh.itjust.works 12 points 1 year ago

I had the same thing. It was an otherwise very interesting short term contract that I really wanted to do. I had a spare time project that I was already working on though. I ended up taking it and pausing my side project until the contract finished. One of the more ridiculous things it said was something like 'no inspiration you have during the contract validity may be monetized'.

That's what finally convinced me to release it later as Copyleft, not because I thought they would come after me but because patent law can get fecked.

I also met my wife on a gig where we both signed NDAs with non-fraternization clauses.

[–] Bishma@discuss.tchncs.de 64 points 1 year ago (1 children)

Most of the NDAs I've signed were from Amazon. I was regularly recruited by the AWS UX team to test changes to their web console in exchange for gift cards. But it meant for a while that I was legally prohibited from telling people inane shit like, "they might add a 'cluster' column to the RDS database list." Stop the presses!

[–] SpaceNoodle@lemmy.world 17 points 1 year ago

Amazon just loves their NDAs.

[–] Nemo@midwest.social 58 points 1 year ago (2 children)

My current job tried to get me to sign one that would prohibit me both from discussing the content of the NDA, and had a noncompete rider that was extremely aggressive.

I told them I wouldn't sign it, and it was unenforceable in this state anyway, so they might as well drop it. They did, but the whole thing made me super leery of working here. Corporate bullshit all the way down.

[–] falsem@kbin.social 42 points 1 year ago (1 children)

"You can't discuss this contract with a lawyer" GTFO lol

[–] xmunk@sh.itjust.works 31 points 1 year ago (1 children)

You can always always discuss any contract with a lawyer. It is incredibly illegal to try and bar someone from seeking a professional opinion on a contract. If any company tries this then immediately reach out to a labor attorney.

[–] Nemo@midwest.social 10 points 1 year ago

In Illinois, where I am, NDAs aren't enforceable unless they're provided at least two weeks before the start of employment, so they can be reviewed by legal counsel. They have this one a week after I started, one of many ways it was unenforceable.

[–] xmunk@sh.itjust.works 13 points 1 year ago* (last edited 1 year ago)

An NDA can't ever block discussing itself - I know because I had to sign an NDA in perpetuity covering who the other signatory was on a different NDA also in perpetuity. Everything subject to that inner NDA is now completely irrelevant, but the companies involved still definitely exist and are just as litigious as ever.

I later went on to design some computer processing systems and storage systems related to US Healthcare tracking which is mostly not covered by an NDA, though the work is proprietary and not shareable, and it's much more worthy of the crazy NDA I signed in my twenties. NDAs are much more about who and less about what - if you're working restocking vending machines with Suisse Credit, you'll probably need to sign an NDA... but a more modest company doing legitimately secret stuff usually doesn't care.

[–] shinigamiookamiryuu@lemm.ee 38 points 1 year ago (1 children)

Not really my own NDA, but kind of remarkable on its own. I discovered a number of people I know have been living according to witness protection. Apparently witness protection has recurring favored locations and the area is like Bellwood for Witsec. Funniest part is they all know each other and themselves have no idea half the time. It feels like that one joke with that one zoo that gets people in animal costumes to live as animals only to find out the whole zoo are animals.

[–] Zagorath@aussie.zone 5 points 1 year ago (1 children)

I wanna know how you came to know

[–] can@sh.itjust.works 4 points 1 year ago

They witnessed something...

[–] Zagorath@aussie.zone 34 points 1 year ago (1 children)

I don't have anything very interesting. I've been under NDA for various game betas at various times. One of them I'm still technically not allowed to even say there was a beta for me to have been a part of. Namely, the Age of Empires 2 expansion "Return to Rome" which brought Age of Empires 1 gameplay and civs into a separate game mode of AoE2, which had a secret closed beta around January this year.

It's not quite an NDA, but as a temporary worker for the AEC and ECQ (my state and federal electoral commissions), I've been prohibited from expressing a political opinion in public. Exactly how that's supposed to work I'm not sure. I've usually just taken it to mean I can't comment political stuff on Facebook between the date I accept the role and the date after the election (Lemmy and previously Reddit being pseudonymous, I've never cared much about following the political neutrality requirements here). People who know my IRL know my politics, so if it comes up during that time I usually just say "I'm not actually allowed to talk about that" with a wink.

[–] Atemu@lemmy.ml 10 points 1 year ago (4 children)

I’ve been prohibited from expressing a political opinion in public

That doesn't sound enforceable unless you're an official representative of the company.

[–] DeltaTangoLima@reddrefuge.com 9 points 1 year ago* (last edited 1 year ago)

The AEC and ECQ are government bodies here in Australia, that regulate elections (AEC is the Australia Electoral Commission - the federal body - and the ECQ is the Electoral Commission of Queensland - the state body for Queensland's elections).

When you sign up to assist as a temporary worker (eg. election scrutineer, etc), you're bound by very specific terms as an employee of the government.

I once signed up to help out with our national census, which made me a temporary employee of the Australian Bureau of Statistics - the ABS. The terms in that agreement were similar to the above commenter's experience, I reckon, as we were also required to be politically impartial in public (among other things).

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[–] foggy@lemmy.world 32 points 1 year ago* (last edited 1 year ago)

Juice recipes.

I worked on a website for some folks that make juice. They... I guess they think they have something special? They don't... I've looked through it all. Nothing you can't find online. Same shit every college town juicer selling celery this and tumeric that and activated charcoal whatever.

But, I suppose I could use this info to start an analog of their business. I mean, I don't want to, at all. But I could. πŸ€·β€β™‚οΈ

[–] tsonfeir@lemm.ee 30 points 1 year ago (1 children)

…. I obviously can’t talk about it.

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[–] rbesfe@lemmy.ca 26 points 1 year ago

I found my completed but unsubmitted NDA form from my last job under a stack of papers after I left. HR just forgot to ask me for it and I forgot it existed

[–] sxan@midwest.social 24 points 1 year ago

Nice try, Portsmith Naval Shipyard. I'm not falling for that again.

[–] Trollivier@sh.itjust.works 17 points 1 year ago

Nice try, corporate lawyer

[–] jacktherippah@lemmy.world 13 points 1 year ago

Nice try company I signed an NDA with. Not happenin' bro.

[–] cheezoid2@sh.itjust.works 12 points 1 year ago (2 children)
[–] bunkyprewster@startrek.website 7 points 1 year ago (1 children)
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[–] fluxion@lemmy.world 10 points 1 year ago
[–] RegalPotoo@lemmy.world 9 points 1 year ago (3 children)

Place I used to work had a "we own all the IP you generate" clause, except it wasn't very clearly written so could easily be read to mean literally all IP - write a song on the weekend, they own that. Got the wording tweaked in my contract to make it explicitly only cover things done in connection to my role, on company time, but I do wonder about my former colleagues. At least one of them has a mildly successful YouTube channel that I guess the company technically owns?

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[–] LinkOpensChest_wav@beehaw.org 7 points 1 year ago* (last edited 11 months ago) (1 children)
[–] Artemis_Mystique@lemmy.ml 4 points 1 year ago (1 children)
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