Quoting Jinx <joecolquitt@clear.net.nz>:

> I signed an NDA and did some work for a client. The client has
> backed out of the project, and I feel I'd like to have a go at
> marketing it myself. The client says I can't do that because I've
> signed an NDA. Normally I'd go along with that except -
>
> - the product is not novel and can be found in other markets, eg
> quite easily with Google. Hardly a secret. Anyone else who had
> not signed an NDA would therefore be quite at liberty to make
> these
>
> - I'd already independently invented and built one for myself 10
> years ago (but never went ahead and commercialised it), so I'm
> not ignorant of its existence. Neither are all the people who knew
> about mine before this client came along
>
> The NDA was the usual thing ; don't disclose to 3rd parties etc,
> nothing special
>
> What do you think ? Leg to stand on

Depends on the exact wording of the NDA and if it includes
non-compete clauses. Usually if you have learned about it from elsewhere, the
technology is not covered, however they may have disclosed proprietary
marketing information to you which may or may not be covered by your
contract. It also depends on what exactly is the confidential information
(many contracts don't specify exactly *what* is covered, the presumption
being everything is confidential).

The fact the client believes that you cannot do this should be some
indication that you may be in for problems if you continue!

Best regards,
Spehro Pefhany




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