M. Adam Davis <stienman <at> gmail.com> writes:
> If that applied in this case, then NDAs in general would be unenforcable.
> Many companies trade NDAs, so in that case theres consideration.

I think that it depends a lot on what the NDA covers. If it covers something that
already exists (e.g. somebodys IP) then it is fairly clear, the NDA holds even 
if money does not change hands. However if the NDA covers something that is to be
created (i.e. the object of the work or contract) then it cannot exist without
'consideration' changing hands. In any case signing an NDA on something that
somebody considers to be his IP but the signer has previous knowledge of (f.ex.
public domain, previous patent, competitive research, or own research), is just
plain careless stupidity (or desperation ?) on the part of the signer imho.

Again, I am not a lawyer.

Peter P.


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