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Sometimes these agreements are about property, sometimes they are just about confidentiality–i.e. there are some plans underway and there needs to be an understanding that the parties wont reveal them before the announcement. In the past when i’ve been confronted with this, I’ve usually specified that anything I might reveal in print won’t happen for 1-2 years anyways, and so there is not much to worry about… but the world of blogs is obviously different.
I think it is appropriate to have the parties make expliciit what should be kept confidential and for how long… or else it really does tie your hands vis-avis publication and discussion.
I’d have to slightly disagree with Chris. I’m still working on this for a thought-piece for a law journal, but in short, I think confidentiality agreements are a genre of intellectual property protection. (Of course, “protection” in favor of the organization, at the expense of the individual author.)
In the Anglo-American legal tradition, property is conceived as a “bundle of rights” which can be unparceled and divided up. For example, a renter has the right to occupy a place but not to sell it. As with the renter example, many of the rights in the bundle are defined by their duration.
Bearing in mind that even real property rights can vary in duration, Chris’ distinction between property and confidentiality disappears. When one agrees to a confidentiality agreement (or to hold a security clearance and produce or read classified documents), one resigns the right to publish a subset of one’s thoughts. (Publish is defined as dissemination, either written and oral — does not have to be for profit.)
Paul, your question touches a deep set of concerns, both intellectual and emotional, that I’m still working through. Just wanted to say in general be careful with these things. The duration, as Chris says, may be subject to clarification (and sometimes negotiation). Bottom line is that agreeing to a confidentiality agreement is a performative speech act, and does change reality.