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Comment Unimpressive (Score 2, Informative) 438

I'd be unimpressed with the business acumen of both the entrepreneur and the programmer. An entrepreneur who relates confidential information without an NDA has created difficulties at the very outset of his enterprise, which may or may not be costly later. (Consider the nonsense of the Facebook litigations.) A programmer who refuses work because he won't sign an agreement that merely binds him to refrain from doing something he would never want to do anyway, has refused work for no reason at all.

Of course, an overreaching and overbearing NDA is unsignable, and of course one with other provisions (noncompetes, etc.) raise different issues. But a routine NDA should be a non-problem for an honest programmer who doesn't intend to steal anything. And the failure to sign, at least for me, is a big red flag that another programmer would be a better solution.

Get over yourself. Most of us are fungible. No reason, other than inexperience, naiveté or reserving the right to cheat can be given to refuse, all of which make the programmer unsuitable for the task. As far as the moralistic argument about starting the relationship on the wrong foot, welcome to the twenty-first century, refusal to sign an NDA is precisely that, starting the relationship on the wrong foot -- it assures suspicion. And don't think refusal to sign puts you at a legal advantage, there are plenty of common-law and statutory ways to reach someone who has misappropriated, PARTICULARLY if it is explained to the judge that the refusal to sign was simply for some moralistic, idealistic handshakey kind of deal.

Tl;dr -> Refusing on that basis is a silly idea. Don't be silly.

Comment Two words... (Score 1) 385

Two words: Peer Review. The Wikipedia editorial process is not thought well of because the content is not edited by experts, and no feedback or improvement of hte process occurs. This is why the content is ever suspect, and the cred for those who write it is not enhanced by doing so.

Comment Re:Obama nominee, of course (Score 1) 333

Too bad I had to post anon due to predictable mod abuse, because I am serious about this topic, not trolling.

All evidence to the contrary. The issue at point obviously transcends party boundaries. When Orin Hatch chaired Senate Judiciary subcommittee on intellectual property in the 90s, it was the Republicans who led the RIAA charge against Grokster, and it was Leahy who shut down the Inducement of Copyright Act after a massive lobbying effort by public interest groups. The EFF, which could never be considered a conservative think-tank, has taken the front line in shutting down overreaching Copyright abuse.

So, it would appear that the bold-faced (and somewhat bald-faced) effort to turn this into an anti-Obama issue is, in fact, just another troll

Comment Microsoft Patent No Defense to i4i (Score 1) 146

It has been suggested in various writings that the newly issued Microsoft patent on an XML-based document would somehow resolve Microsoft's woes against i4i. This is most unlikely. A patent grants only rights to exclude others from practicing a claimed invention, and creates no right at all to practice the claimed invention. It is quite possible to obtain a patent governing a novel and unobvious variation of an existing patented technology. While the second patent would grant its owner the right to exclude people (including the first patent owner) from practicing the variation, it would grant no right to practice the variation if the variation also infringed the first patent.

Of course, it may be the case that the first company may want to practice the variation as well, in which case a cross-licensing deal might be worked out. But the issuing of a new patent on related technology does not, itself, help Microsoft out of its box unless the new technology does not infringe the i4i patent.

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