I’ve made great progress in my new business. Regardless of my family and friends belief that I’m too old to start a business. Currently, I am in negotiation with a vendor because IMH their NDA “sucks”. Why sign an NDA if any previous discussion is excepted???

Sometimes, you sign an NDA because of previous discussions. Otherwise, how do you know that an NDA is needed?

Just wondering what you think.

 

What's an NDA agreement?

I know that an NBA agreement requires you to play basketball for a team for a given amount of time.

 

NDA - Non Disclosure Agreement.
If you blab about the invention/project I will be forced to shoot you!
Max.

 

All I can say, from my experience, is that NDAs and T&Cs are written by lawyers to intimidate people and only enforceable by being sued by another lawyer. Some are not worth the paper they are written on and that is debatable only by lawyers in court.

 

I’ve made great progress in my new business.

That's great! You're never older than your mind. My father, 89 yrs, still thinks he's in his early thirties.

 

All I can say, from my experience, is that NDAs and T&Cs are written by lawyers to intimidate people and only enforceable by being sued by another lawyer. Some are not worth the paper they are written on and that is debatable only by lawyers in court.

Exactly!
Sign it and move on.
If someone refuses to sign my basic boilerplate NDA or wants to change it- I get suspicious, I don't want to work with people that are always thinking about loopholes.

It's 99% a bullshit formality.

 

Whats interesting is at the University Faculty believe they have intellectual property rights, that bullshit as well. They don't want us to record their content, but really the only thing that belongs to them is books written by them, not associated with the University. Even then they have to bow down to the publishers and share profits, the University enforces new books that have been deemed updated material for that Professors course's. Really its just a big game to force students into a lock, which doesn't allow them to get used books for the course.

kv

Edit: I have so many books like that, their just one time semester shit, couldn't get rid of them even if I gave them away.

 

Then again, in the event of damage to a company’s intellectual property, if you don’t have one, your legal costs will be larger. And when your companies value is entirely on the brand and it’s intellectual property, IMHO it would be a mistake not to have one.

 

Exactly!
Sign it and move on.
If someone refuses to sign my basic boilerplate NDA or wants to change it- I get suspicious, I don't want to work with people that are always thinking about loopholes.

It's 99% a bullshit formality.

I just refused to sign one, because it excepted anything prior to the signed NDA.

So, I have to disclose my intellectual property to determine if we can work together and as a prerequisite to signing an NDA, THAT EXEMPTS ALL PRIOR COMMUNICATION!

How does that work?

 

I finally get the exception. But I still disagree with the exception. It should read “except knowledge from other sources known in context of other prior knowledge only.”