Interesting point, Jed. I wonder if this is why DGT is reluctant to sue him, because Luca would have to prove himself by saying that DGT was fraudulent and they don't want to have to defend against that.
On Tue, May 20, 2014 at 8:15 PM, Jed Rothwell <jedrothw...@gmail.com> wrote: > Blaze Spinnaker <blazespinna...@gmail.com> wrote: > > >> The problem with busting your NDA so openly is that it's going to be >> impossible to get anyone to trust you again. >> > > As I pointed out elsewhere, if Gamberale had not "busted his NDA openly," > warned the customers, and closed down the company, he could end up in jail. > Defkalion cannot enforce an NDA that calls for the person under that NDA to > commit fraud. You cannot abide by an NDA contract that calls for illegal > actions. Defkalion cannot enforce that, or sue for breach of contract. You > cannot sue someone in civil court because they refused to violate a > criminal statute. > > It may be difficult for Gamberale to get anyone to trust him now, but if > he had continued it would have impossible for him to get the police to > believe him, which is a far worse predicament. > > This is real life. You cannot go around trying to sell non-working > machines for millions of dollars. People who have millions of dollars will > definitely go to the authorities when they find out you have robbed them. > This is not like selling fake Rolex watches from a suitcase on Broadway. >
