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[OT] NDA for coding concept? (Real Studio network user group Mailinglist archive)

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Editfields: Automatically enable copy/paste/cut   -   Jan Erik Moström <
  [OT] NDA for coding concept?   -   Paul Kaiser
   Re: [OT] NDA for coding concept?   -   Seth Willits
   Re: [OT] NDA for coding concept?   -   Christian Schmitz
    RE: [OT] NDA for coding concept?   -   Lynn Fredricks
     Re: [OT] NDA for coding concept?   -   Norman Palardy
      Re: [OT] NDA for coding concept?   -   Paul Kaiser

[OT] NDA for coding concept?
Date: 09.08.02 02:24 (Thu, 08 Aug 2002 20:24:13 -0500)
From: Paul Kaiser
Greetings,

I'm working on a bid for a freelance RB project. It is a fix for an existing
project this customer has.

I understandably had to sign a non-disclosure agreement before I could see
the code and hear what the problem was.

Now I have solved the problem with a unique method. My next step is to give
them a bid for the job and tell them how I expect to fix the problem.

My reservation is... what is to keep them from using my concept and just
fixing it themselves, and saying my quote is too high? Just touching on the
concept without getting into specifics would still give any decent RB
programmer enough to go on to hash out the rest of the solution.

Can / should I require them to sign some similar sort of "NDA" to guard
against my idea being used without them accepting the quote?

Thanks,
Paul

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Re: [OT] NDA for coding concept?
Date: 09.08.02 02:27 (Thu, 08 Aug 2002 18:27:28 -0700)
From: Seth Willits
On 8/8/02 6:24 PM, the NSA intercepted the following message from "Paul
Kaiser" <<email address removed>>:

> My reservation is... what is to keep them from using my concept and just
> fixing it themselves, and saying my quote is too high? Just touching on the
> concept without getting into specifics would still give any decent RB
> programmer enough to go on to hash out the rest of the solution.
>
> Can / should I require them to sign some similar sort of "NDA" to guard
> against my idea being used without them accepting the quote?

Tell them you can and have fixed the problem, then name your price. If they
agree, fix it and leave with the check. Seems reasonable to me.

Seth Willits
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Re: [OT] NDA for coding concept?
Date: 09.08.02 02:35 (Fri, 9 Aug 2002 03:35:34 +0200)
From: Christian Schmitz
> Can / should I require them to sign some similar sort of "NDA" to guard
> against my idea being used without them accepting the quote?

Two ways:

First:
You tell them you have a solution for the problem. Make an offer and if
they except you give them the solution. If it works you get your money.

Second:
Let them sign a NDA which allows you to come back in a year to check if
they have used your code with a fee they have to pay you if they steal
your ideas. Than you show them your idea and maybe you do it.

Mfg
Christian

RE: [OT] NDA for coding concept?
Date: 09.08.02 03:51 (Thu, 8 Aug 2002 19:51:19 -0700)
From: Lynn Fredricks
> > Can / should I require them to sign some similar sort of "NDA" to
> > guard against my idea being used without them accepting the quote?
>
> Two ways:
>
> First:
> You tell them you have a solution for the problem. Make an
> offer and if they except you give them the solution. If it
> works you get your money.
>
> Second:
> Let them sign a NDA which allows you to come back in a year
> to check if they have used your code with a fee they have to
> pay you if they steal your ideas. Than you show them your
> idea and maybe you do it.

I agree with Christian's first item. However, in my experience its best
to keep any relationship with a client as trusting and free of
complication as possible.

There is a very good reason why "ideas" by themselves cannot be
copyrighted or patented -- everyone has them and its not worth the
effort (yes, I know of the foolish ones like "swinging on a swing").
However you don’t need to give away all of your secrets either. You
should learn to present your "secret sauce" by letting them taste it
rather than giving them a step-by-step recipe.

This very same topic comes up again and again on some other lists, such
as Macromedia's Flash list. Some designers don’t want to release source
files (at least not without a really hefty fee), while others have no
problems with it. Many of the non-releasers don’t want to do so because
they think their clients will then do some of the work themselves and
wont call them back. If someone tweaks the code, who cares? If you
provided good service at a good price, and you have a good relationship
with your client, they will call you again and again and you'll get paid
again and again for more great solutions you provide. Im not saying
don’t have a firm contract in hand. But if you build a *relationship* on
trying to draw out every last penny on every little idea, your clients
probably wont be calling you back.

Best regards,

Lynn Fredricks
President
Proactive International, LLC

http://www.proactive-intl.com


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Re: [OT] NDA for coding concept?
Date: 09.08.02 05:01 (Thu, 8 Aug 2002 22:01:49 -0600)
From: Norman Palardy

On Thursday, August 8, 2002, at 08:51 PM, Lynn Fredricks wrote:

> If you
> provided good service at a good price, and you have a good relationship
> with your client, they will call you again and again and you'll get paid
> again and again for more great solutions you provide. Im not saying
> don’t have a firm contract in hand. But if you build a *relationship* on
> trying to draw out every last penny on every little idea, your clients
> probably wont be calling you back.

This is, in my opinion, the best alternative. Building a relationship is
the best bet as will result in a longer term benefit for both parties

It's one reason I spent 4 years at one client's in areas as diverse as
accounting, real time data acquisition, and pipeline control


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Re: [OT] NDA for coding concept?
Date: 09.08.02 05:09 (Thu, 08 Aug 2002 23:09:29 -0500)
From: Paul Kaiser
I was kind of thinking along these lines.
If they want to develop a decent relationship with some freelance
developers, then they're not going to shoot themselves in the foot by
running with the idea themselves...

I won't mess with the mumbo-jumbo... I'll pitch my solution and my price and
see what happens.

Thanks all for opinions.

Paul K

on 8/8/02 11:01 PM, Norman Palardy at <email address removed> wrote:

>
> On Thursday, August 8, 2002, at 08:51 PM, Lynn Fredricks wrote:
>
>> If you
>> provided good service at a good price, and you have a good relationship
>> with your client, they will call you again and again and you'll get paid
>> again and again for more great solutions you provide. Im not saying
>> don¹t have a firm contract in hand. But if you build a *relationship* on
>> trying to draw out every last penny on every little idea, your clients
>> probably wont be calling you back.
>
> This is, in my opinion, the best alternative. Building a relationship is
> the best bet as will result in a longer term benefit for both parties
>
> It's one reason I spent 4 years at one client's in areas as diverse as
> accounting, real time data acquisition, and pipeline control
>
>
>
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> Subscribe to the digest:
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>
>

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