Yeah I agree with this, and my original comment comes across too strongly upon re-reading. I wanted to point out some counter-considerations, but the comment ended up unbalanced. My overall view is:
It was highly inappropriate for the company to have been issuing these agreements so widely, especially using such aggressive tactics and without allowing disclosure of the agreement, given the technology that it is developing.
The more high-profile and credible a person is, the more damaging it is for this person to have been subject to the agreement.
Nevertheless, it is a mistake to think of potential “disparagement” as part of the job duties of most of the people mentioned, and the post appears to wildly misinterpret the meaning of this term as “taking any actions which might make the company less valuable”.
Ultimately, it would have looked extremely bad for the company to enforce one of these agreements, so the primary effect of the contract comes down to how individuals felt that it constrained their behavior. We don’t have great visibility into this. It’s possible that some of these people felt quite constrained, and it’s also possible that some of these people weren’t even aware of the non-disparagement clause because they didn’t notice it when they signed.
Thankfully, most of this is now moot as the company has retracted the contract. I should emphasize that there may remain some legal ambiguity and additional avenues for retaliation, but I am optimistic that these will be cleaned up in the near future. There will still be non-disparagement agreements in place in cases where “the non-disparagement provision was mutual” (in the words of the company), but my strong guess is that this refers only to the original Anthropic departures and perhaps a handful of other individuals who were high up at the company.
It remains important for people to disclose their financial interest in the company when appropriate, or in some cases give up this interest to avoid a conflict of interest.
Note: I have a financial interest in the company and was subject to one of these agreements until recently.
See the statement from OpenAI in this article:
They have communicated this to me and I believe I was in the same category as most former employees.
I think the main reasons so few people have mentioned this are:
As I mentioned, there is still some legal ambiguity and additional avenues for retaliation
Some people are taking their time over what they want to say
Most people don’t want to publicly associate themselves with a controversial situation
Most people aren’t inclined to disparage their former employer anyway, and so they may not think of their own situation as that big of a deal