Poll: Can you legally break an NDA? (Theoretical)
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Can you legally break an NDA? (Theoretical)

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xomm's Avatar
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#1
Disclaimer: This is a purely theoretical question. I have no NDAs that I remotely want to break. Although I have signed quite a few.

Are there any circumstances in which one can "legally" break an NDA?

Post your various possibilities.
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Last edited by xomm; 2010-05-13 at 20:11.
 
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#2
If puppies are going to be killed, yes.
 
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#3
Originally Posted by xomm View Post
Are there any circumstances in which one can "legally" break an NDA?
.
unquestionably, just post the NDA and someone will give you a workaround, might be a bit late by then though.
 
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#4
You can disclose something anonymously or disclose something to a third-party then third-party can make info public?

EDIT: Actually this is probably illegal!
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#5
As far as i know, an NDA is just a contract. Breaking it is no more illegal than defaulting on your credit (since it seems to be a common topic): you break the contract, pay the fine or whatever. Disclosing trade secrets is something else however
I'm pretty sure that if you see something illegal, you must go through the NDA and go to the police
Other than that, just read the contract, or show it to a lawyer. Finding lame technicalities to invalidate an act is their job
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#6
do it do it do it!
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Texrat's Avatar
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#7
It depends.

On one hand most commercial NDAs are policy documents. Many people get confused over policy and law. The former is specific to an entity (like a corporation) while the latter applies to society at large.

For example, a company may prohibit you from giving away to someone else a copy of their software that you legally purchased, but that's policy. No law against it.

On the other hand, NDAs are contracts and come under contract law, which makes them a civil legal issue. If you sign and then violate a contract, you may be liable for civil action.

However, you are much better consulting a legal expert than an enthusiast forum.
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Last edited by Texrat; 2010-05-13 at 21:01.
 
ysss's Avatar
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#8
Maybe if the other party somehow breaks the contract in ways that can be used as grounds for you to break your end of it.
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#9
Mind you, discovering a semi-legal way to go around a contract doesn't help you from finding the other party in question not wanting to ever deal with you again.
 
Texrat's Avatar
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#10
Originally Posted by ysss View Post
Maybe if the other party somehow breaks the contract in ways that can be used as grounds for you to break your end of it.
Yes, in my understanding the originator violating the contract frees the signee.
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