>>contains nondisclosure and non-disparagement provisions former OpenAI employees are subject to. It forbids them, for the rest of their lives, from criticizing their former employer. Even acknowledging that the NDA exists is a violation of it.
Perfect! So it's so incredibly overreaching that any judge in California would deem the entire NDA unenforceable..
Either that or, in your effort to overstate a point, you exaggerated in a way that undermines the point you were trying to make.
>>jakder+(OP)
Lots of companies try and impose things on their employees which a judge would obviously rule to be unlawful. Sometimes they just don’t think through it carefully; other times, it’s a calculated decision that few employees will care enough to actually get the issue in front of a judge in the first place. Especially relevant for something like a non disclosure agreement, where no judge is likely to have the opportunity to declare it unenforceable unless the company tries to enforce it on someone who fights back.