[IGDA_indies] Confidential Information

Tom Park indies@igda.org
Thu, 22 May 2003 14:28:20 -0700


Yes, it's a battle. So far, every single NDA/contract I've
seen in the game industry does not already have a Residuals
clause in it.

In technology consulting agreements, Residual Information
(concepts, techniques, and know-how contained in unaided
memory) is a common exception to Confidential Information.
I've been successful at getting a Residuals clause put in a
contract but it required direct involvement of an attorney,
and I'd like to avoid having to do that for every contract.

I'm wondering if most game developers take their chances
without it, or if many insist on it. Developers need to be
better educated about this stuff, so publishers can't take
so much advantage of all the developers.

--t