FWIW: I have an NDA from Wave. I negotiated at the time to be able to mention the existence of the NDA, and that it didn’t restrict private conversation, just public statements. You and I have probably talked about Wave, and I guess it never occurred to me to mention the NDA because I knew it was standard and it wasn’t restricting my private speech. I wasn’t keeping it secret, I’ve talked about it with people when it has come up, but I didn’t make a point of doing so.
So I don’t think it’s obvious you’d know about the NDA if it weren’t self-protecting.
It’s possible I should have disclosed the NDA every time I said something positive about Wave in public. I think that would have occurred to me if I’d ever been talking about Wave qua Wave, but it was always as an example in posts that were focused on something else, so that feels like a lot of overhead.
Edit: I guess I should say I think the ban on disclosing the existence of the agreement is very bad, and that’s why I negotiated to change it (and would have walked if they hadn’t, despite not having anything I was burning to say). But I had that right and still didn’t mention it to habryka in medicine.
Aside: can we taboo “NDA” in this discussion? It seems pretty fucked that it means both non-disparagement-agreement and non-disclosure-agreement and it’s annoying to track which one people are referring to.
Oh man, it’s worse than that. My original paperwork had both a non-disparagement clause and a non-disclosure clause relating to the agreement itself. The latter was removed in my agreement but presumably not others’.
While I have the emails open, I want to note that the lawyer described the agreement as pretty standard.
FWIW: I have an NDA from Wave. I negotiated at the time to be able to mention the existence of the NDA, and that it didn’t restrict private conversation, just public statements. You and I have probably talked about Wave, and I guess it never occurred to me to mention the NDA because I knew it was standard and it wasn’t restricting my private speech. I wasn’t keeping it secret, I’ve talked about it with people when it has come up, but I didn’t make a point of doing so.
So I don’t think it’s obvious you’d know about the NDA if it weren’t self-protecting.
It’s possible I should have disclosed the NDA every time I said something positive about Wave in public. I think that would have occurred to me if I’d ever been talking about Wave qua Wave, but it was always as an example in posts that were focused on something else, so that feels like a lot of overhead.
Edit: I guess I should say I think the ban on disclosing the existence of the agreement is very bad, and that’s why I negotiated to change it (and would have walked if they hadn’t, despite not having anything I was burning to say). But I had that right and still didn’t mention it to habryka in medicine.
Aside: can we taboo “NDA” in this discussion? It seems pretty fucked that it means both non-disparagement-agreement and non-disclosure-agreement and it’s annoying to track which one people are referring to.
Oh man, it’s worse than that. My original paperwork had both a non-disparagement clause and a non-disclosure clause relating to the agreement itself. The latter was removed in my agreement but presumably not others’.
While I have the emails open, I want to note that the lawyer described the agreement as pretty standard.