The lack of comment from Eliezer and other MIRI personnel had actually convinced me in particular that the claims were true. This is the first I heard that there’s any kind of NDA preventing them from talking about it.
I think this means you had incorrect priors (about how often legal cases conclude with settlements containing nondisparagement agreements.)
You can confirm this if you’re aware that it’s a possibility, and interpret carefully-phrased refusals to comment in a way that’s informed by reasonable priors. You should not assume that anyone is able to directly tell you that an agreement exists.
Why not? Is it common for NDAs/non-disparagement agreements to also have a clause stating the parties aren’t allowed to tell anyone about it? I’ve never heard of this outside of super-injunctions which seems a pretty separate thing
Absolutely common. Most non-disparagement agreements are paired with non-disclosure agreements (or clauses in the non-disparagement wording) that prohibit talking about the agreement, as much as talking about the forbidden topics.
It’s pretty obvious to lawyers that “I would like to say this, but I have a legal agreement that I won’t” is equivalent, in many cases, to saying it outright.
I think this means you had incorrect priors (about how often legal cases conclude with settlements containing nondisparagement agreements.)
They can presumably confirm whether or not there is a nondisparagement agreement and whether that is preventing them from commenting though right
You can confirm this if you’re aware that it’s a possibility, and interpret carefully-phrased refusals to comment in a way that’s informed by reasonable priors. You should not assume that anyone is able to directly tell you that an agreement exists.
Why not? Is it common for NDAs/non-disparagement agreements to also have a clause stating the parties aren’t allowed to tell anyone about it? I’ve never heard of this outside of super-injunctions which seems a pretty separate thing
Absolutely common. Most non-disparagement agreements are paired with non-disclosure agreements (or clauses in the non-disparagement wording) that prohibit talking about the agreement, as much as talking about the forbidden topics.
It’s pretty obvious to lawyers that “I would like to say this, but I have a legal agreement that I won’t” is equivalent, in many cases, to saying it outright.
my boilerplate severance agreement at a job included an NDA that couldn’t be acknowledged (I negotiated to change this).