ValleyWag: This NDA never existed.
Google's NDA:
- Forbids the interviewee from disclosing that they interviewed or signed the NDA, and anything about the offer. It even forbids mentioning Google anywhere ever again!
- Forbids any kind of reverse engineering, etc. of Google technology. No exception for reverse engineering for the purposes of interoperability, expressly allowed under the DMCA.
- Stipulates that Google must be notified when “confidential information” is required to be disclosed by judicial order, with no allowance for the fact that such notification may itself be illegal.
- Remains in effect (practically speaking) for ever.
IMO, interviewees should feel free to alter NDAs and employment contracts to ensure they are fair for both parties. It takes two to agree a contract.
IME, altering or querying the contract is not really detrimental to your chance of employment at a tech company: chances are that the person making the hiring decision is far removed from the person who actually wrote the contract. And in practice, most companies don't have a process for dealing with amendments – so changes are either accepted on the spot, or swept under the carpet with a “we'll get back to you” – and neither way does it hinder the hiring process. If the person actually doing the hiring wants your skills, they are going to be pragmatic about it and probably have little respect for the contract. I know several people who actually ended up never having an employment contract because “we'll get back to you” never happened. But they still get a paycheck.
That could be tricky in social situations.
“So, who do you work for?”
“Mmm, can't say.”
“Oh, OK. What's your favourite search engine then?”
“Mmm, can't tell you that either.”
At least CIA agents get a cover story.
(http://livejournal.com/users/the_local_echo)