A Guide to Non-Disclosure Agreements for Researchers Using Public and Private Sector Sources

A Guide to Non-Disclosure Agreements for Researchers Using Public and Private Sector Sources

Paul D. Witman (California Lutheran University, USA)
DOI: 10.4018/978-1-60566-040-0.ch006
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Abstract

This chapter provides a set of guidelines to assist information systems researchers in creating, negotiating, and reviewing nondisclosure agreements, in consultation with appropriate legal counsel. It also reviews the use of nondisclosure agreements in academic research environments from multiple points of view, including the perspectives of both public and private sectors. Active academic researchers, industry practitioners, and corporate legal counsel all provided input into the compiled guidelines. An annotated bibliography and links are provided for further review.
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Background

These guidelines were developed as the result of a research project to seek out information about academic NDAs. The research was conducted as an e-mail-based survey, using open-ended questions. A request for suggested guidelines went to the ISWorld distribution list, an e-mail distribution delivered to a global community of Information Science (IS) researchers, students, and faculty members. The request was not country-specific, nor specific to any particular segment of IS.

The 11 contributors, including 10 in academia, were self-selected and responded to the initial request. Of those 10, at least 2 had some industry experience as well; 1 contributor is a corporate legal counsel who provided significant reviews and provided guidance both from the corporate perspective and what academics should consider.

Of the 11 contributors, 9 were based in the United States, 1 in the United Kingdom, and 1 in Canada. Of the 10 in academia, 8 were faculty members, and 2 were students.

This research is exploratory in nature, and is not intended as an exhaustive guide to the topic. The chapter focuses primarily on United States legal definitions and practices, but we anticipate that many of the guidelines and principles may apply in other jurisdictions.

Different research methods may, of course, have different impacts on the need for nondisclosure agreements. The key question, of course, is whether your research will either expose you to intellectual property that needs to be protected, or will create intellectual property that needs to be protected. Comments on key methods used in most recent IS research (Chen & Hirschheim, 2004) follow. In all cases, if new intellectual property is to be created by the research and needs to be protected from disclosure, a nondisclosure agreement is an appropriate consideration.

Complete Chapter List

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Table of Contents
Foreword
Richard Baskerville
Preface
Aileen Cater-Steel, Latif Al-Hakim
Acknowledgment
Chapter 1
Panagiotis Kanellis, Thanos Papadopoulos
This chapter offers a journey through the spectrum of epistemological and ontological perspectives in IS (IS), offering the necessary background to... Sample PDF
Conducting Research in Information Systems: An Epistemological Journey
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Chapter 2
Francis Chia Cua, Tony C. Garrett
This chapter introduces ontological and epistemological elements in information systems research. It argues that ontology, epistemology, and... Sample PDF
Understanding Ontology and Epistemology in Information Systems Research
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Chapter 3
John Loonam, Joe McDonagh
Enterprise systems (ES) promise to integrate all information flowing across the organisation. They claim to lay redundant many of the integration... Sample PDF
A Grounded Theory Study of Enterprise Systems Implementation: Lessons Learned from the Irish Health Services
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Chapter 4
Khalid Al-Mabrouk
This chapter reviews some of the existing Information Technology Transfer (ITT) literature and suggests that it has fallen victim to the well-known... Sample PDF
A Critical Theory Approach to Information Technology Transfer to the Developing World and a Critique of Maintained Assumptions in the Literature
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Chapter 5
João Porto de Albuquerque, Edouard J. Simon, Jan-Hendrik Wahoff, Arno Rolf
Research in the Information Systems (IS) field has been characterised by the use of a variety of methods and theoretical underpinnings. This fact... Sample PDF
The Challenge of Transdisciplinarity in Information Systems Research: Towards an Integrative Platform
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Chapter 6
Paul D. Witman
This chapter provides a set of guidelines to assist information systems researchers in creating, negotiating, and reviewing nondisclosure... Sample PDF
A Guide to Non-Disclosure Agreements for Researchers Using Public and Private Sector Sources
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Chapter 7
Slinger Jansen
Even though information systems is a maturing research area, information systems case study reports generally lack extensive method descriptions... Sample PDF
Applied Multi-Case Research in a Mixed-Method Research Project: Customer Configuration Updating Improvement
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Chapter 8
Erja Mustonen-Ollila, Jukka Heikkonen
This chapter gives important methodological, theoretical, and practical guidelines to the information system (IS) researchers to carry out a... Sample PDF
Historical Research in Information System Field: From Data Collection to Theory Creation
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Chapter 9
Paivi Ovaska
Large-scale systems development is a complex activity involving number of dependencies that people working together face. Only a few studies... Sample PDF
A Multi-Methodological Approach to Study Systems Development in a Software Organization
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Chapter 10
Judith Symonds
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Usability Evaluation Meets Design: The Case of bisco Office™
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Chapter 11
Ivan Ka-Wai Lai, Joseph M. Mula
Soft Systems Methodology (SSM) has been employed to increase the effectiveness of organizational requirement analysis in Information Systems (IS)... Sample PDF
An Analysis-Form of Soft Systems Methodology for Information Systems Maintenance
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Chapter 12
Raul Valverde, Mark Toleman, Aileen Cater-Steel
Recently, many organisations have become aware of the limitations of their legacy systems to adapt to new technical requirements. Trends towards... Sample PDF
Design Science: A Case Study in Information Systems Re-Engineering
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Chapter 13
Shaligram Pokharel
Information and communication technology (ICT) refer to a family of technologies that facilitate information capturing, storing, processing... Sample PDF
Analyzing the Use of Information Systems in Logistics Industry
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Chapter 14
William Yeoh
Engineering asset management organisations (EAMOs) are increasingly motivated to implement business intelligence (BI) systems in response to... Sample PDF
Empirical Investigation of Critical Success Factors for Implementing Business Intelligence Systems in Multiple Engineering Asset Management Organisations
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Chapter 15
Ping Li, Joseph M. Mula
A review of the literature showed that there appears to be very little research undertaken on Electronic Data Interchange (EDI) adoption by small to... Sample PDF
Electronic Data Interchange (EDI) Adoption: A Study of SMEs in Singapore
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Chapter 16
Hatem F. Halaoui
Using geographical information systems (GIS) has been of great interest lately. A lot of GIS applications are being introduced to regular and... Sample PDF
Towards Google Earth: A History of Earth Geography
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Chapter 17
Sergio Di Martino, Filomena Ferrucci, Carmine Gravino
Web technologies are being even more adopted for the development of public and private applications, due to the many intrinsic advantages. Due to... Sample PDF
Empirical Studies for Web Effort Estimation
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Chapter 18
Mobile Marketing  (pages 328-341)
Kazuhiro Takeyasu
Recently, cellular phones capable of accessing the Internet are prevailing rapidly in Japan. First, their functions and features are examined... Sample PDF
Mobile Marketing
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Chapter 19
Ross A. Malaga
Online auctions are an increasingly popular avenue for completing electronic transactions. Many online auction sites use some type of reputation... Sample PDF
The Retaliatory Feedback Problem: Evidence from eBay and a Proposed Solution
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About the Contributors