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Google's Evil NDA

An anonymous reader writes "Google's motto is "Don't Be Evil" — but they sure have an evil non-disclosure agreement! In order to be considered for employment there, you must sign an agreement that forbids you to 'mention or imply the name of Google' in public ever again. Further, you can't tell anyone you interviewed there, or what they offered you, and you possibly sign away your rights to reverse-engineer any of Google's code, ever. And this NDA never expires. Luckily, someone has posted excerpts from the NDA before he signed it and had to say silent forever." At the bottom of the posting are links to a few other comments on the Web about Google's NDA, including a ValleyWag post that reproduces it in its entirety.

35 of 452 comments (clear)

  1. If you think that is evil by 2.7182 · · Score: 2, Insightful

    you should look at what people on Wall Street agree to. It's really not so unusual. And you are always free not to work there - they don't owe you anything.

    1. Re:If you think that is evil by geekoid · · Score: 5, Insightful

      first of all, just because it is 'worse' on Wall Street, doesn't mean this is good.
      Second of all, Yuour arguement is based on a fallcy. Basically it assumes there is equall opportunity everywhere at all times, AND nt everyone will make you sign something similiar.

      Freedom is about choice, and chosing between eating ar dying isn't really the freedom the founding fathers had in mind.

      There was a time in California where in order to work, you had to sign a non-compete. Everyone was doing it, and it effectivlly became 'you can never work for anyone else again.'

      The up shot is now non-competes are not valid. there are a few exceptions.

      NDAs are starting to become that way. 'You can never talk about what you do here' effectivly kills a career.
      I know, I have several years on my resume I can't talk abuot except in the most vague ways.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:If you think that is evil by MontyApollo · · Score: 5, Insightful

      It does seem pretty extreme just to do an interview. Especially about never mentioning the word "Google" ever again, even if you don't get the job.

      It seems the NDA could make it hard to ever get another job after Google, since you are not allowed to even mention Google or say what your salary was. That might make a resume look pretty funny, and it could be an awkward interview. "Yes, I used to work for an internet search engine company, but I can't tell you which one."

    3. Re:If you think that is evil by skiflyer · · Score: 3, Insightful

      Firstly, Non-compete's are likely not valid if you're enough of a superstar to warrant the court case... but they're valid enough to keep most employers from hiring you if your previous employer calls up and threatens the case.

      NDA's are definitely not starting to become that way. What's happening with NDA's is that they're making every Joe off the street sign them in order to look at the most un-interesting business processes and secrets, so Joe is just talking about it anyway. But for what you're talking about we'd have to see some court cases where the business then tried to enforce these NDA's and the court not only ruled in favor of Joe, but also said the invalidation of the NDA was not just because of scope of the NDA but because of the entire concept of the NDA, which won't happen in this corporate friendly country.

      Lastly, you really blow this choice issue out of proportion... The original argument does not assume equal opportunity everywhere, it assumes there are opportunities outside of google, which I must say is a pretty fair assumption.

    4. Re:If you think that is evil by mattatwork · · Score: 2, Insightful

      While your point is true, just because it's in the NDA does not mean it will hold up in court, being taken to court costs a lot of money! Google has shown no fear or even budged when it comes to a billion dollar lawsuit from Viacom, what's going to stop them from serving a employee or former employee with a hefty lawsuit. They might not win any money at all in a civil court, but the employee/ex-employee has had to shell out a bunch of cash to defend themselves from a lawsuit with no merit. You can have a positive outlook knowing that their NDA doesn't hold water, but you better hope the judge will force them to pay your legal fees when all is said and done...if not, you're going to end up paying somebody....

      --
      I've refrained from profanity, racial/ethnic epitaphs and am 5'11" - how can I be ranked as troll?
    5. Re:If you think that is evil by spun · · Score: 5, Insightful

      Are you trying to say that no one has the right to complain about these NDAs simply because they have the option not to sign them? We are simply discussing things that we don't like. If enough people can agree that we really don't like these things, then together we can force employers not to do them. This is the free market in labor at work.

      You don't have a problem with free speech and the free market, do you?

      Companies have every right to ask us to do anything, and we have the right to discuss what was asked and tell them to fuck off if we don't like it. It sounds as though you wish we weren't even discussing this.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    6. Re:If you think that is evil by mjm1231 · · Score: 4, Insightful

      The fact that someone who promotes voting Libertarian in their sig, but does not have a problem with corporations placing limits on personal liberty, explains exactly why I don't vote Libertarian.

      --
      Ideology: A tool used primarily to avoid the bother of thinking.
    7. Re:If you think that is evil by The+Great+Pretender · · Score: 2, Insightful

      We employ NDAs, as do most people if you read the contract fine print, and generally they're completely useless for regular staff who don't give a toss when they leave the company. Seriously think about it, why would anyone waste their time and money pursuing John Doe who interviewed for a assistant position at a lower level, and didn't get the job. There are plenty of examples for people who actually work at a company. The NDA, IMHO, is simply to remind the honest people and the ignorant people to think before they speak about their old job. Now, go up a few levels and there is a serious reason to pursue people who violate the NDA, but trust me it's like moving a mountain to prove that the most obvious violation can be prosecuted.

      --
      A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
    8. Re:If you think that is evil by JackieBrown · · Score: 2, Insightful

      It's standard hypocrisy. Can you apply and get a job at Google with no resume (other than the fast food jobs you had as a kid?) Would they understand if you told them that you would like to but you signed similar NDAs with the other companies you worked for?

      But this has been going on for a while. How many people have worked at a job that states that they do not give references for employees but expect 3 or 4 references to hire you?

  2. Open Source. by kraemate · · Score: 1, Insightful

    And some people claim Google is the savior of open source...sheesh.

    1. Re:Open Source. by marcello_dl · · Score: 2, Insightful

      I'd say open source (well, free software) is the savior of google as it gives them good infrastructure at commodity hardware costs. Anyway Google is a good vehicle to prove it's possible for a company to rely on free software and profit.

      --
      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  3. What's the problem? by What+Is+Dot · · Score: 4, Insightful

    I don't see any problem with this kind of an agreement. The government has similar agreements, but theirs are far more strict. How does this hurt the potential employee anyway? When a company is trying to protect its interest in a highly competitive field, how much is too much?

  4. Goddamn lawyers have taken over by cerberusss · · Score: 3, Insightful

    Seems like the lawyers have taken over there. Management asked lawyers the question: "Make a risk analysis and possible solution."

    Lawyers draft up some crazy-ass contract which is perfectly logical but doesn't take common sense into account. All risks mitigated, and at the same time, looks ridiculous.

    --
    8 of 13 people found this answer helpful. Did you?
  5. Re:Oh noes. by Anonymous Coward · · Score: 3, Insightful

    Eh, I work for a rather large mobile phone company, and my contract with them isn't even half as stupid, and still manages to protect against industrial espionage. I'm even allowed to mention that the company is called Ericsson.

  6. Re:kinda saw it first hand by geekoid · · Score: 1, Insightful

    How rude. Specifically talking in a way to exclude someone from a conversation.

    OTOH, you could ahve said 'Yes'. I mean, it's their rule not yours!

    Like the mason ring. You are not allowed to wear one if you are not a mason, but if you aren't a mason their rule doesn't apply to you, so you can wear one.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  7. when is slashdot going to fall out of love? by circletimessquare · · Score: 5, Insightful

    this story is only shocking and interesting to those who still believe google is somehow saintly amongst large companies. that's impossible. a large company is a large company is a large company. they're all the same amount of corporate evil (however small or large you imagine that necessary/ unnecessary evil to be, salt to your particular political inclinations)

    there is a certain prejudicial aura around google in the slashdot crowd. circa 2002, google was every geek's wet dream, powerhouse little startup bringing the big bad guys to their knees at their own game. however, since that time, google has morphed into just another 500 pound corporate gorilla, no better and no worse than microsoft, or walmart, or any other corporate bogeyman of your choice

    slashdot: google = microsoft. get it into your head. doubleclick and privacy, china censorship, this nda. take your pick. fall out of love. the fairy tale story is over

    in all of your prejudicial and stereotypical ways of thinking about microsoft, apply it to google, and then maybe ytou have a better understandning of that company (and of microsoft, while google is not as saintly as the presumed slashdot prejudice imagines, microsoft is not as rabidly evil as the presumed slashdot prejudice imagines)

    please update your circa 2002 prejudicial impressions of google to 2007. k thx

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:when is slashdot going to fall out of love? by gurps_npc · · Score: 4, Insightful
      Believe that all large companies are equally evil is as stupid as beliveing that Goodle is not evil.

      Evilness is not only caused by the nature of having a large organziation, and . Large organizations encourage it by their nature, but it not the only cause.

      Enron was TRULY, FREAKIN EVIL.

      They intentionally gamed the system to raise energy prices, cheating their customers, the states, everyone. They encouraged employees to buy Enron stock despite many of them KNOWING they they were breaking the law. They lied about everything, and engaged in multiple criminal actions, including destoying documents.

      Google is no Enron. They are not as evil as all other companies.

      I would probably rank Google as one of the better companies. On a scale of evil from 0 being a one more store run by an honest priest, to 100 being Enron, they are probably a solid 70. Microsoft is around a 85-90 or so. They cheated their customers and clients, but never cheated their own employees and generally admitted their illegal activities instead of working as hard to cover them up as they did to do them in the first place.

      --
      excitingthingstodo.blogspot.com
  8. If you ANAL then... by Anonymous Coward · · Score: 3, Insightful

    ...do not try to interpret an NDA without one. This article is perfect proof as he misreads items and takes several others out of context. The lack of a "built-in" expiration is nothing new either, since Google is attempting to protect their current technologies and see no reason why they would be replaced in 5, 10 or 20 years. The built-in expiration is the public availability of the information.

    Really, this blog post is almost FUD, or maybe it is just downright stupidity. Like I said, if you are not a lawyer...then ask one to read your NDA, because legalese != English.

  9. Re:Things like this are easy to fix. by Red+Flayer · · Score: 4, Insightful

    Just line out, and initial the parts you want struck. Add the phrase to the effect that by accepting this NDA as modified that Google agrees to it in it's modified entirety.
    That works if the potential employee pool is shallow. People are knocking down doors to work at Google, so Google can just say no and move on to the next highly qualified applicant who won't potentially cause them legal nightmares down the road.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  10. Re:Things like this are easy to fix. by ivan256 · · Score: 5, Insightful

    I've modified the NDA at two places I've worked, and modified the non-compete and copyright assignment forms at *every* job I've worked at. I've even discussed the changes with the hiring manager. Yet I still worked for those companies.

    Don't be afraid to stand up for yourself. It will probably even earn you some respect.

  11. Re:Things like this are easy to fix. by Doc+Lazarus · · Score: 2, Insightful

    No, in my experience people who don't stand up for themselves or are easily bullied usually make it high up into the company or are jammed into positions. And given how everybody treats people like that at various corporations, it's definitely not for the best. The Peter Principle requires only a person to be loyal to make it far.

  12. Re:Things like this are easy to fix. by SpacePunk · · Score: 5, Insightful

    Hardly anybody tries that, and most people dont' even read what they sign. I do it on credit card applications (have two modified credit cards where the company can't change the interest rate), job applications (back when I wanted one, now I'm a consultant), any time someone wants me to sign anything. I read it all, modify what is needed, and it just really pisses people off when you read everything you sign. It's amazing the length of audacity that people that work for large companies will go to. My insurance agent once wanted me to sign that I read a particular item, so I forced him to produce it (took the asshole an hour and a half to find one), and I read it... slowly.

    Slashdot here is a duality of bullshit. On one hand there are a lot of people here that like to bad mouth corporations, but they'd sign that NDA without reading it because it's 'google'. Well, fuck Google, it's a large corporation now, and it'll bend you over and fuck you in the ass if it thought that would get it ahead (speaking as an entity). One of the other dualities are the pagans that like to bad mouth christianity even though paganism is just as stupid.

  13. Re:Things like this are easy to fix. by Ctrl-Z · · Score: 2, Insightful

    4. Participant agrees not to do the following, except with the advanced review and written approval of Google: (a) issue or release any articles, advertising, publicity, or other matter relating to this Agreement (including the fact that a meeting or discussion has taken place between the parties) or mentioning or implying the name of Google." IANAL, and maybe I'm missing some context here, but it says that you can't mention or imply the name of Google. It doesn't say you can't mention or imply the name of Google in the context of the Agreement. I don't see how one could read it otherwise.
    --
    www.timcoleman.com is a total waste of your time. Never go there.
  14. Work by martinelli · · Score: 1, Insightful

    Looks like a few people disregard not being allowed to mention working for Google. http://www.google.com/search?q=%22i+work+for+googl e%22

  15. Re:Things like this are easy to fix. by Red+Flayer · · Score: 3, Insightful
    What, people can't prioritize differently than you? The ability to make public statements just doesn't matter to most people who are just interested in working on awesome (to them, anyway) projects and being rewarded for their hard work. It doesn't make them sheep, it doesn't make them weak.

    hence, the China debacle
    Whoa, complete red herring there. The China policy decision by Google is unrelated to this; those policy decisions are not made by the rank-and-file.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  16. Re:Things like this are easy to fix. by SpacePunk · · Score: 1, Insightful

    "What, people can't prioritize differently than you?"

    Of course they can, even if those prioritizations are wrong, and detrimental to themselves and others.

    "The ability to make public statements just doesn't matter to most people who are just interested in working on awesome (to them, anyway) projects and being rewarded for their hard work."

    This is a trait of the weak.

    "Whoa, complete red herring there. The China policy decision by Google is unrelated to this; those policy decisions are not made by the rank-and-file."

    No, no red herring there. Everyone that stayed with google after that, and those that wish to join google after that, implicitly agree with what google did. Evil companies are staffed by evil people.

  17. Re:Things like this are easy to fix. by Anonymous Coward · · Score: 1, Insightful

    Reread what you posted, but remove the parenthetical for clarity:

    4. Participant agrees not to do the following, except with the advanced review and written approval of Google: (a) issue or release any articles, advertising, publicity, or other matter relating to this Agreement (including the fact that a meeting or discussion has taken place between the parties) or mentioning or implying the name of Google."

    VS:

    4. Participant agrees not to do the following, except with the advanced review and written approval of Google: (a) issue or release any articles, advertising, publicity, or other matter relating to this Agreement or mentioning or implying the name of Google."

    Doesn't sound quite so innocuous now, does it?

    What the article doesn't mention, however, is that this NDA falls out of effect the moment you no longer possess "Confidential Information" from Google (for example, by the information being published legally). So, as long as you make your best effort not to learn anything confidential during your interview, the NDA expires immediately.

  18. NDA Clarification by noirsoldats · · Score: 5, Insightful
    Ok... let's deconstruct (reverse engineer?) the part of the NDA that most people seem to be getting their panties in a bunch over,

    4. Participant agrees not to do the following, except with the advanced review and written approval of Google: (a) issue or release any articles, advertising, publicity or other matter relating to this Agreement (including the fact that a meeting or discussion has taken place between the parties) or mentioning or implying the name of Google; (b) make copies of documents containing Confidential Information; or (c) reverse engineer, disassemble, decompile, translate, or attempt to discover any prototypes, software, algorithms, or underlying ideas which embody Google's Confidential Information. specifically Section 4a. Now, you know the legal-ese buzzwords in this are rather minimal so I'm not sure why you people are having SUCH a hard time reading this.. but let me break it down for you...

    (a) issue or release any articles, advertising, publicity or other matter relating to this Agreement (including the fact that a meeting or discussion has taken place between the parties) or mentioning or implying the name of Google; First let's take out the parenthetical un-needed junk.

    (a) issue or release any articles, advertising, publicity or other matter relating to this Agreement or mentioning or implying the name of Google; *points up* Is that any more clear without the 'thought bump' in the middle? Participant agrees not to 'issue or release any articles, advertising, publicity or other matter relating to this Agreement or mentioning or implying the name of Google'..... Meaning don't release news stories or make advertisements about something 'confidential' relating to Google of which you know nothing about. Ya know, like spreading rumors. Open your eyes folks, not a THING unusual about this NDA except for the wording.. And that in itself isn't unusual, it is just that Google seems to getting a lot more attention than any company before them. Side Note: Does this really deserve to be an article?
  19. Re:Google has screwed itself with this then by wrook · · Score: 2, Insightful

    You may be right and you may be wrong. It is actually immaterial. The very fact that you signed it means that it will go to court. Having an issue like this go to court (especially over an NDA) can make you completely unemployable for the duration of the court case. Court cases can be drawn out over years. A non-enforceable NDA that you signed can make your life hell.

    This is not fun. Don't do it. If you don't like a contract, don't sign it!!!! Or modify it (as someone discussed above) and then sign it. After having been sued by a previous employer, I am now *extremely* careful about what I sign. I got lucky in that my next employer actually agreed to pick up the cost of my lawsuit. It was over a non-compete "agreement" that I didn't agree to or sign -- even that got drawn out for a year. I think that if I had signed the document I would have been completely SOL.

    Let me repeat: Don't sign anything you don't agree to!!!!!!!!!!

  20. NDAs hurt your career. by Opportunist · · Score: 5, Insightful

    I've had some time in the auditing sector. If you think Google's NDA is bad, don't ever go there. What I had to sign can be easily summed up with "You're not gonna talk about what you did here, when you did it, who you worked with or even that you did it, or we'll make sure you won't work again, ever".

    Now, when I movee away I got 5 years of thin air in my CV. Can't write anything sensible in there. Tops would be "5 years at $auditing". No job description, no work place, no reference, nada. The only thing I got was a quite bland, nondescript "Yeah, that guy worked for us for those 5 years and he did ... stuff" letter.

    You can't even violate that NDA and tell your future employee what you did. If you do, it shows him that you don't give a shit about NDAs and there goes your job opportunity, since, well, if you didn't even honor the NDA of a company that does actually have the muscle to make sure you won't work EVER again if they found out, how much do you care about the NDA of some smaller company?

    NDAs mean that you can't use your quite interesting experience in your CVs. Some of the things I did back then would have made my CV shine brilliantly for the job I got now. Luckily, I got it regardless, without having to break the NDAs I signed then.

    But I guess I could've asked for a few hundreds more, if I could've told him just what I know. I do have valuable knowledge for my employer that he would maybe honor with more money. I just can't talk about it.

    So, bottom line, I am lucky regardless. Many ain't, because they can't use their experience in their CV, due to NDAs. They can't say that they know, say, the flaws of online banking software when they start at a security company that was recently hired by some bank.

    Just as an example, of course...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  21. Re:Things like this are easy to fix. by Red+Flayer · · Score: 5, Insightful
    Not everyone shares the same value set as you, and not everyone who has a different value set is evil.

    This is a trait of the weak.
    No. It's a trait of those who choose to apply their strength to a different application.

    No, no red herring there. Everyone that stayed with google after that, and those that wish to join google after that, implicitly agree with what google did. Evil companies are staffed by evil people
    Nothing is as black-and-white as you make it out to be. You've a very simplistic view that must make it hard for you to do anything in life, since everything you do has a negative impact somewhere and is therefore evil, if by inaction you could have prevented the negative impact. Did a friend of yours ever do anything wrong? Did you maintain a friendship with that person, even though by doing so you implicitly agreed with their action? How about a child? If an adult does something wrong, are their parents evil because they did not disown their child?

    Categorizing everything into binary black-and-white good and evil is an admission of weakness -- it's admitting that you don't have the ability to weigh relative merits and demerits against eachother.

    Not working for an ambiguous company simply because they are ambiguous is also a sign of weakness -- a sign of strength would be to change the company from within.

    There will be no shortage of people willing to work for Google. What you are advocating is to ignore evil, rather than working to change it. This is real weakness.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  22. Re:Things like this are easy to fix. by Anonymous Coward · · Score: 2, Insightful

    Then just modify that part first.

  23. Re:You can't force people to keep salaries secret. by slackmaster2000 · · Score: 3, Insightful

    Having been through this one before a few times, it's not just in the company's best interest to keep people in the dark, it's in the employees' best interest as well. No good can ever come from discussing your compensation with your coworkers. It will always turn into chaos because everyone feels important enough to be compensated more, but not every employee is equally important. When any group of employees starts getting pissed about money, it impacts everyone.

    It's much better to read up on what your position pays on average for your area, evaluate your own performance, and then try to negotiate more money on your own. And think about it, if you're management, and all your employees suddenly know what everyone else makes, do you rectify the situation in the future by paying everyone more? No, probably something closer to the opposite of that. Maybe you can rectify things by talking to everyone like adults until everybody is on the same page and walks away with a newfound respect for the way life works....yeah.

    Blabbing on about your compensation is a typical just-out-of-college-now-show-me-the-money mistake. It's amateur. Not only should a person never disclose what they make to their coworkers, but they should never disclose this information to anyone. This is one of the few parts of life that is actually very gamey. Keep your finances, religion, and (strong) politics closely guarded with only your most trusted family. It's personal encapsulation. Only expose what you need to expose and you'll have less people mucking in your business.

    If you want to be one of the people who get the larger yearly increases, and the bigger bonuses, then make yourself appear invaluable...which often means that you'll have to do more, and do more things that "wow" people. You can verify that you're being treated well by *paying attention.*

  24. Hilarious by spun · · Score: 5, Insightful

    Oh man, I don't usually respond to ACs, but the level of rabid, frothing defense of the status quo here is just too funny not to comment on.

    I have every right to get together with other workers and your customers and decide amongst ourselves to fuck you and your business over through entirely legal, market driven means if you don't treat us the way we want to be treated, and there's nothing you can do about it, chump. It's called the free market, get used to it. The days of kings, nobles, and slave-owners telling us what to do are several centuries gone now.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  25. Re:Things like this are easy to fix. by emurphy42 · · Score: 2, Insightful

    As I see it, the crucial clause here is "except with the advanced review and written approval of Google". This makes the difference between "cannot mention them ever" and "must run it by Google first".

    To the extent that TFA says "cannot mention them ever", TFA is wrong.

    If you think that Google will be evil and refuse to approve reasonable mentions, then you need to make a separate case for that.