Lucky you referred to them as Mr X and Mr Y. You certainly wouldn't want
to use real names like "Info", "Dr. Skip", "Michael Algernon", or even
"Mongol Herdsman" :)

Cheerful regards,

Finnish Reindeerman


Dr Skip wrote:
> This just occurred to me, so for the benefit of the list I will share, having 
> had many dealings with paranoid VCs and other clients... This may or may not 
> apply here, but may apply to other similar calls for help seen here in the past.
> 
> The list is a great resource. In looking for help, under a NDA, one tries to 
> word the problem such that any answers will be useful and apply, but without 
> directly describing the device. Being engineers, it isn't always difficult to 
> figure out, or guess, at what the end product may be, or spur one's imagination 
> to see an opportunity that wasn't seen before (probably being close enough to 
> the original idea). Some NDAs go to great lengths in specifying a broad list of 
> things which can't be talked about as well. Many phrase it as "enough info that 
> someone else may infer what the product is, how it will be used, or the 
> technology used". So, in soliciting help on the list, a few things might be 
> kept in mind:
> 
> - Just the revelation that Mr. X (the engineer) is developing a device using 
> (or needing) Y technology or sensor Z, may violate an NDA and cause future 
> legal hassles.
> 
> - Someone may infer enough about the problem and solution that a competing 
> product may result. The defense for the second company would be that Mr. X put 
> enough online to facilitate it, ostensibly with the client's permission.
> 
> - This may also happen before the first client goes to market (or finishes 
> development), potentially ruining possible patent claims.
> 
> - Mr. Y (a list contributor) could contribute materially to a solution and make 
> the claim that it was his invention and not the original client company's, with 
> the list being documented proof. Any number of people contributing could make 
> that claim, and even more (as lurkers) could finish up a design or concept and 
> claim prior art.
> 
> There are more, but it should show that there are risks in partially revealing 
> development which is under NDA online. The major risk is borne by the engineer 
> doing the posting, either through it being determined that the NDA was 
> violated, to big $ damages for loses in losing patents or market position for 
> the client. The list may fly under the radar of the VC or client management, 
> but may not during discovery in a legal proceeding. There is also the problem 
> of Mr. X's question showing up in a <google> search by management or 
> engineering dept at the client. Whether or not it has NDA issues, it might not 
> give the perception the engineer (Mr. X in this case) would want the client to 
> have about his progress or abilities. All of our discussions are only a search 
> away...
> 
> FYI
> -Skip
> 
> 
> Michael Algernon wrote:
>> Thanks for the ideas.  My customer won't let me reveal what the sensor  
>> is being used for.
>> Sorry about being so mysterious.
>> MA
>>
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