Markus.Humm writes:
Quote
Hello,
I assume that they habe learned from this and changed the NDA to
disallow any talk about the products being tested. If done before you're
in the test this is okay, right?
Greetings
Markus
Philosophically, yes. Would I, personally, agree to such a restriction?
Probably not. In fact, for Delphi, definitely not. For Builder, that
becomes a business decision -- will the information that I learn ahead
of product release be worth the time spent on beta-testing, and adhering
to the rules of a restrictive NDA? When/if that time occurs, I will make
a decision.
I'm pointing out that Borland has a history of not playing by the rules
(and yes, they're CodeGear now, but I will bet the legal stuff is still
being reflected to Borland).
They have every right to state, ahead of time, what the terms of the NDA
are, and folks have the right to choose whether to sign it or not. I
would urge folks to look long and hard at the document before agreeing
to it. A contract is supposed to be equitable to both parties. In this
case, CodeGear has specifically stated that they DON'T want folks
involved who simply want to 'take a look under the hood,' so to speak.
I think this is a mistake, because (IMHO) often there will be one nugget
of gold provided by the comments of folks who just may be 'looking under
the hood,' but that is CodeGear's choice to make. In this instance, if
folks feel that it is equitable to sign a very restrictive NDA, along
with a 'requirement' that they put a specific amount of 'free' (to
CodeGear, of course) time into testing the product, go right ahead.
I would also point out that this is not the only incident where Borland
has made a 'promise' and then arbitrarily and unilaterally changed it.
The other major incident was when they promised the results of a C++
survey to those who took it -- and then reneged on the promise. I would
also point out that not only did they renege on the promise, but nothing
was ever done in compensation for their claimed 'mistake'. That is an
additional item one has to consider when looking at the track record.
So, particularly with the offspring of Borland, I'd highly recommend
thoroughly reading any documentation you agree to, even though most
programmers tend to just 'click through' and ignore it...
David Erbas-White