NDA Question...

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Reefer420

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Oct 23, 2006
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I would like a programing team to sign an Non Disclosure Agreement for a site I am having built - they have no problem signing it but let me know they will only if it:

does not include a non-compete (in the event we do not work together and the idea can be replicated through open source channels).

What exactly is an open-source channel? Is this something I should be worried about, even if I use them? My idea isn't exactly revolutionary, but I would not want to see them running out and building a site exactly like mine immediately after finishing the project!

Thanks guys.
 


They are basically saying it's ok for them to work for other clients with similar websites. If your idea is not original it's no big deal. Just make sure they don't disclose (or repurpose) your original source code and URL. That could leave you vulnerable to holes in the app.

If there is a specific feature of the program that isn't available elsewhere, you can always single that piece out in the NDA, rather than the entire site.
 
Honestly, the non-compete is okay, but the open-source issue would be a contingent I wouldn't be happy with. Effectively that means that you will not retain copyright on any of the code that you're having them develop for you.

Personally, I would steer away from that, unless you're doing something that's already fairly common in the open source community (such as a simple content management system, etc). Like Avantrosa said, unless you're breaking new ground or doing something that people haven't seen before, it shouldn't be a problem.

However, the way they phrased that sentence makes me think that they're okay with signing an NDA with the understanding that if you reveal your idea to them, you don't work together, and it's a good idea, they can replicate your idea. That effectively defeats the purpose of an NDA.
 
thanks - I am asking this to them now.

this site won't be a problem- but a future site I have in mind would be. I am going to see if I retain the rights to my code - which IMO would be ridiculous if I did not.

i don't like that last thought though - my ideas aren't revolutionary (one is a file sharing site and the other a social network) but are both unique in their own way. While similar sites could be built I'm sure I do not want them to immediately start popping up.

How common is it for a team to screw people over? This company seems pretty legit (foureyes.com) and have a large portfolio of well made sites (wish they were cheaper though). Its not like I am going the 'rentacoder' route...
 
Holy Flash Batman, those sites won't convert.

Not sure what you are having them build, but they do not have a single e-commerce site in the portfolio that looks well designed to convert online leads.

Go to Craigs List and ask for what you are looking for, it is cheaper and faster.
 
i know - they have been the only group so far I have had much luck with. I realize there isn't much beyond ecommerce sites there :)

This isn't for aff - and I have the entire site mapped out already and designed... I pretty much just need it coded.

I've had no luck on rentacoder for this project - or on here... might try craigslist again however.
 
hmm looks like I won't be using that group...

The client has a perpetual license that allows you to use the site as you wish, but copyright is retained by the author. For instance, we use code libraries by Adobe, so you can have a copyright, but you can have a perpetual license.


fuck that - I would want my code copyrighted and owned by me! Ugh.

Well now - anyone know of a good programming team?
 
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