How can NDA actually work effectively? What if Alice, ex-employee of OpenAI write a “totally fictional short story about Bob, ex-employee of ClosedDM, who wants to tell about horrible things this company did”?
In general, courts are not so stupid and the law is not so inflexible to ignore such an obvious fig leaf, if the NDA was otherwise enforceable. Query whether it is, but whether or not you just make your statement openly or whether you have a totally-fictional statement about totally-not-OpenAI would be unlikely to make a difference IMO.
*I don’t represent you and this statement should not be taken as legal advice on any particular concrete scenario.
Thanks! BTW, my curiosity doesn’t stop: do you (americans? west-europeans too?) actually feel the necessity to write this disclaimers about “not a legal/financial advice”? It’s like “my granpa said he remembers one time someone got sued because they didn’t write it” or more like “fasten your seatbelt”?
It’s something that kinda falls out of Attorney ethics rules, where a lot of duties attach to representation of a client. So we want to be very clear when we are and are not representing someone. In addition, under state ethics laws (I’m a state government lawyer), we are not authorized to provide legal advice to private parties.
Oh, so (almost) everyone who write this do it because they have some profession such that they sometimes really give serious legal/financial/medical advise, right? This makes perfect sense, I think I just didn’t realise how often the people I read in the Internet are like this, so I didn’t have this as a hypothesis in my head :)
I’m sorry if this is a stupid question.
How can NDA actually work effectively? What if Alice, ex-employee of OpenAI write a “totally fictional short story about Bob, ex-employee of ClosedDM, who wants to tell about horrible things this company did”?
In general, courts are not so stupid and the law is not so inflexible to ignore such an obvious fig leaf, if the NDA was otherwise enforceable. Query whether it is, but whether or not you just make your statement openly or whether you have a totally-fictional statement about totally-not-OpenAI would be unlikely to make a difference IMO.
*I don’t represent you and this statement should not be taken as legal advice on any particular concrete scenario.
Thanks! BTW, my curiosity doesn’t stop: do you (americans? west-europeans too?) actually feel the necessity to write this disclaimers about “not a legal/financial advice”? It’s like “my granpa said he remembers one time someone got sued because they didn’t write it” or more like “fasten your seatbelt”?
It’s something that kinda falls out of Attorney ethics rules, where a lot of duties attach to representation of a client. So we want to be very clear when we are and are not representing someone. In addition, under state ethics laws (I’m a state government lawyer), we are not authorized to provide legal advice to private parties.
Oh, so (almost) everyone who write this do it because they have some profession such that they sometimes really give serious legal/financial/medical advise, right? This makes perfect sense, I think I just didn’t realise how often the people I read in the Internet are like this, so I didn’t have this as a hypothesis in my head :)