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Thread: Note: The meaning and ramifications of the NDA

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    Note: The meaning and ramifications of the NDA

    Just so that it is clear, I hope that all the Devs here are fully aware of the legal implications of the NDA and how it relates to your other projects and future.

    If you have any intentions of doing a commercial project, or working for a company that could directly benefit from your association here, then it would be best for you to reconsider your membership. This is not a threat or warning, but simply a re-statement of fact that should be clear.

    I would like to note that a "third-party" can be construed as a company or corporation you form by yourself, or in association with other Developers here.

    It would be appreciated and legally sound if you would contact a member of Clickteam if you currently have intentions or future plans that might clash with the NDA we state here. In some cases, we are willing to overlook the implications of the NDA, e.g., you want to sell extensions for MMF commercially. There are, however, situations that can be rather complicated and require us to take full legal action as a defensive measure.

    If the above does not apply to your situation, please do consider it carefully if you plan to continue with the EDT. If it does, please let me know and we will gladly remove you from the group as to not exacerbate the potential problems. Conflicts of interest are not pleasant. I would rather we have a clear understanding of the nature of this agreement.

    I feel it is only fair to spell this out and hope that it does not sound to harsh or repelling as we really appreciate the efforts and productivity of the people who have signed on. There have been many benefits to the users thanks to you folks.

    If you have any questions about this official notice, we can try to answer them if it is possible circumstantially.

    Sincerely,
    R. Schlick
    Clickteam

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    Re: Note: The meaning and ramifications of the NDA

    I sent you a PM on this subject, but I would like you to reconsider this.

    I do a lot of contract work, and if this is true, then I won't be able to stay in this group (barring a special arrangement).

    I would like to stay in this group though...

    EDIT: Cleared up.

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    Re: Note: The meaning and ramifications of the NDA

    I have replied in kind.

    Thanks for your contact.

    Just for the rest of the crew, I can say that no, your contracting out work is not a problem, nor would you be violating the NDA by creating commercial extensions in most circumstances.

    Now, if you were going to work for, or start, a company that is, or is planning to, compete head-to-head with Clickteam's flagship product, then I think this aspect of the NDA would be obvious. This is especially applicable and problematic if you were already in the process of doing so prior to, or during, your association here and agreement to abide by the NDA. In fact, the NDA should imply the above as one of the potential scenarios that make it a required contract.

    These things, and legal matters, can be rather complex, so I am hoping the basic idea of why this is being brought to everyone's attention is clear.

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    Re: Note: The meaning and ramifications of the NDA

    Yes, I can understand why that might cause problems.

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    Clicker Multimedia Fusion 2 DeveloperSWF Export Module

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    Re: Note: The meaning and ramifications of the NDA

    I really have no idea what you are trying to say. What exactly is this stopping us from doing?

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    Re: Note: The meaning and ramifications of the NDA

    Basically you aren't allowed to use things you develop or learn here in other programs that could directly compete with MMF 2. For example you can't develop an extension for a bonus pack and turn around and make it for Construct.

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    Re: Note: The meaning and ramifications of the NDA

    Yes, that is a good sumation of the situation.

    It has recently dawned on me that dozens of great extensions that were conceived, developed, and enhanced in the EDT forum where purposely not finished, (an many were almost ready to be published) most likely because of the Construct project.

    While I am not the only one who was testing and suggesting, I did supply a lot of feedback based on time invested in working with those very needed and useful extensions. I was also personally looking forward to the finished verisons as I had become very enthused by them and really looked forward to using them as soon as they were published.

    Now that I have digested the full impact of what was going on and why those extensions had suddenly stopped development and did not reach completion, it is a rather rude awakening and causes me to seriously reconsider the nature and structure of what we do here and how we do it. I never expected such a dissapointed outcome and a betrayal of confidence and contract. Not from people who were trusted, well treated, and close to me in various degress. It was pet program I started and was proud of for its close-knit commarderie and affinity.

    Had the process continued as agreed upon, MMF users would now be enjoying many new features and capabilities that are now left floating in the wind and potentially going to be used as prototypes and source as tools for another product that may or may not come full term. We are now berift of at least two or three Bonus Packs that would have rocked users and set the threshold of creativity much higher.

    Rest assured that the EDT is certainly not going to be shelved, but there are some major problems we have to face and resolve before we can proceed to the first Platinum Bonus Pack.

    We at CT are discussing what to do and how to assure that what is created here stays here and is developed solely for the sake of MMF2 and not a potential competitor, no matter who it is and how uncertain its completion and viability may be.

    Our loss, and that of the users, was very large and impactful to a degree that is not obvious until you look at the list and consider the progress and status of much of what was going on.

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    Re: Note: The meaning and ramifications of the NDA

    What extensions have been lost?
    Andy H @ ovine.net
    Awful Jokes - a new cartoon every day: http://awful.ovine.net/
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    Re: Note: The meaning and ramifications of the NDA

    I don't recall the status of each one, or how many are by the ship jumpers, but I posted this from the old forum:

    http://clickteam.com/center/showflat.php/Cat/0/Number/5962/an/0/page/1#Post5962

    I think the list is fairly comprehensive.

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    Re: Note: The meaning and ramifications of the NDA

    Nova, the easiest way to keep developers is to pay them, or at the very least listen to them when they make suggestions.

    I have said this before, however quite a few developers disbanded simply becuase they felt they had no say in how MMF 2 was being developed. An event that pissed many developers off was back when the convention attendants got the Beta before the developers did. I would not call keeping the developers in the dark, while the convention attendants got all the inside info, treating the developers "well".

    Also what you must realize is that although you may have provided feedback on the extensions developed, the ideas for such extensions were created by the developers, and they were the developers ideas. If you are asking for any developer who submits an extension here to give up full control over their intellectual property for no pay, then I am not sure how many people are going to be "completely" willing to do that.

    A few developers got pissed at how CT would say that a bug couldn't be fixed but then basically said that they wouldn't understand why. The developers are highly intelligent people (as this should be made perfectly clear), and they should not be treated as simply customers who are "allowed" to share their work, but as partners.

    I can also assure you that imposing more rules, regulations, and restrictions to the things that are developed here, will only serve to hamper development. Discouraging developers from developing by increasing the rules will not serve to bring back the fun and creative enviroment that the EDT once was.

    Now you have to realize that I am merely playing the devils advocate here. I have listened to many of the Construct developers thoughts on why they decided to leave, and as I was on the verge of leaving myself, I feel that I can share this information in hopes that CT won't make the same mistakes in the future.

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