Email contract valid if real name not used?

[jaketodd]

I live in Washington State and I electronically (in email) agreed to an NDA with a European person and she did not use her real name to agree to it. In fact she has never revealed her real life identity to me. Is this contract legally binding?

Thank you!

[The Occultist]

Who is trying to bind whom to what agreement?

[HomeGuru]

Originally Posted by jaketodd

I live in Washington State and I electronically (in email) agreed to an NDA with a European person and she did not use her real name to agree to it. In fact she has never revealed her real life identity to me. Is this contract legally binding?

Thank you!

**A: please hold the contract up to the monitor so we can read it.

[jaketodd]

There are actually two contracts. I will enclose them both below in quotes. Remember, this person did not use her real name and she has never revealed her true identity to me. She calls herself "Ka Kurka" which is from an online video game type thing. Thanks!

Here's the first contract which I sent to her and she agreed to using her fake name:

"Here are the terms of the contract we talked about:

a) You agree to tell no one any details of what I send you which involves a predictive device.

b) You agree to make no work based on the information I send you.

If you agree to be contractually and legally bound by the above two conditions then say in your reply to this email: 'I agree to to be legally bound by the terms of the contract in this email thread.'"


She agreed to that and some time later she sent me the following contract which I agreed to, again with her not using her real name and me having no idea of her real life identity:


"I, Jake Todd, agree to the attached Non-disclosure/Non-compete Agreement which I am including in this email, not any previous version that is in this email thread.

Here is the agreement:

--- Start of Agreement ---
NON-DISCLOSURE/NON-COMPETE AGREEMENT
This agreement is made as of the 26th day of September, 2009, by and between: Jake Todd and Ka Kurka.
This Agreement shall govern the conditions of disclosure of certain "Confidential Information" disclosed by Ka Kurka, including but not limited to scientific and technical details, prototypes, drawings, photographs, data, calculations, formulae, algorithms, conjecture, best-known methods (BKMs), trade secrets and intellectual property, howsoever and whensoever communicated, relating to prediction technology.
With regard to the Confidential Information, Jake Todd. hereby agrees:
1. Not to use the information therein except for:
a. evaluating its interest in entering a business relationship with Ka Kurka, based on the supplied material;
b. improving and revising the theory relating to prediction technology;
c. any other uses which may, from time to time, be agreed in writing by Ka Kurka
2. To safeguard the information against disclosure to others, apart from his associate Preston Geren, with the same degree of care as exercised with his own information of a similar nature.
3. Not to disclose the information to others, apart from his associate Preston Geren, without the express written permission of Ka Kurka, except that:
a. which Jake Todd can demonstrate by written records was previously known;
b. which are now, or become in the future, public knowledge other than through acts or omissions of Jake Todd;
c. which are lawfully obtained by Jake Todd from sources independent of Ka Kurka;
4. That Jake Todd, Ka Kurka and Preston Geren shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly agreed to in writing by Jake Todd, Ka Kurka and Preston Geren.
5. That Jake Todd, Ka Kurka and Preston Geren all own the ideas through copyright and through any patents ever obtained on the topic, and that we all have to agree before doing anything with it, such as publishing or patenting, and that if we do publish or patent, that we all share credit equally (all three of us can be a coauthor if they want) and that we own any patents equally on any technology resulting from discussion or communication between any of us.
--- End of Agreement ---

Any other versions of this agreement are not agreed to. Only the one above in this email and this email alone."
(She sent me multiple agreements and we revised them until the above one was decided on.)


And still to this day I have no idea of her real life identity. I don't even know if she is really a she.

So are either of these contracts legally binding? Remember "she" says she lives somewhere in Europe and I live in Seattle, WA, USA. That might be relevant.

Thank you!

[The Occultist]

If she lives in another country, any legal action you pursued would need to be done in that country using that country's courts/laws, which means we can't really help you there.

[jaketodd]

So even though she doesn't use "her" real name, and I have no knowledge of who she is, these contracts could be binding? Wouldn't the US courts have a role in it? What would a US court say?

Thanks

[The Occultist]

I am not answering any questions based on US law; if she resides in another country, then US law is completely irrelevant. Nothing I have said here so far should be any indication of any sort of answer to your question, so please do not misconstrue such an any such way.

[Stevef]

Originally Posted by The Occultist

I am not answering any questions based on US law; if she resides in another country, then US law is completely irrelevant. Nothing I have said here so far should be any indication of any sort of answer to your question, so please do not misconstrue such an any such way.

I believe Ka Kurka could try to enforce the agreement in a Washington court.

In that case, OP should have the agreement reviewed by a Washington attorney.

[HomeGuru]

Originally Posted by Stevef

I believe Ka Kurka could try to enforce the agreement in a Washington court.

In that case, OP should have the agreement reviewed by a Washington attorney.

**A: and recommend that the attorney read the Kukaracha case.

[Zigner]

I'm betting this has to do with a way to circumvent some sort of licensing agreement in an online environment.

[HomeGuru]

Originally Posted by Zigner

I'm betting this has to do with a way to circumvent some sort of licensing agreement in an online environment.

**A: yes and it's one hell of a nasty environment already.