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Ben Walker

Banned
Mar 28, 2018
113
England, United Kingdom
I'm in this alpha and I'm pretty sure the Alpha Agreement NDA stated that if you were caught streaming, posting, etc. on social media any game content that you'd be banned from Origin services, which is probably why his library was empty.
 

Deleted member 26753

User requested account closure
Banned
Oct 30, 2017
34
Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It's a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.
 

PrimeBeef

Banned
Oct 27, 2017
5,840
I highly doubt you've read the terms and conditions for everything you've bought or consulted with an attorney to fully comprehend them, nobody does this. The whole purpose of "fine print" is deceptive, it's been engineered that way, the general consumer is being screwed from the jump a lot of times. I'm not saying people shouldn't do their due diligence or making excuses for this guy, but you're basically saying you have zero sympathy for anyone as that is the reality.
You can doubt it but I do read the agreements I sign.
 

PrimeBeef

Banned
Oct 27, 2017
5,840
Nothing is owned by the individual when it comes to digital games at present. So I suppose you could defend EA in that regard and would be technically correct in that they can legally deny access to the games. I however don't see it morally right regardless of what the law says and consumer protections need to improve regarding it.
I agree. I was just wondering if it was an ownership or access deal. I haven't done anything EA since the PS2 era.
 

Rodjer

Self-requested ban.
Member
Jan 28, 2018
4,808
Yes it's alpha but its releasing under 2 months. Not many games fixes those issues pretty quickly.Good luck to them but its likely gonna be another F76 situtation.

This is why people like you should not play and sign for NDAs and testing games, you are clueless and have no idea of how things work in Alpha games.

If people think the Alpha build is the same one that will be available in February should just stop playing games in Alpha state and stop spreading misinformation, the purpose of this test is to TEST the network, if the games breaks or it's bugged it's a normal procedure, there's nothing wrong in this.
 

Redfox088

Banned
May 31, 2018
2,293
Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It's a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.
That might have been the only game he had on origin. Until we find out more you don't get to go handing out "marks" my guy.
 
May 9, 2018
3,600
Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It's a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.
The streamer literally agreed to not stream it but did it anyways.
 

Shryke

Member
Oct 26, 2017
2,536
Haha! What an idiot! Glad he got what he deserved. It was his choice to do this stupid thing. NDAs are no joke. It's very easy to follow the rules.
 

Deleted member 18944

User requested account closure
Banned
Oct 27, 2017
6,944
Two wrongs doesn't make a right. Fuck EA. They could have banned his Anthem access or disabled his account, leaving the games but making further additions impossible. There's so many better ways to handle this. Or simply sue him if your NDA holds up in court. Stealing his shit is abysmal.

Fun fact - You own literally zero of the games you buy digitally unless they come DRM free.

Why? Because you are buying a license. And guess what? Their TOS you didn't read says they can ban your account if they find that it violates their rules on their platform.

I bet that NDA that the guy didn't read said the same thing.

Maybe understand the shit you sign before you go off, bud.
 

Taker34

QA Tester
Verified
Oct 25, 2017
1,122
building stone people
Why , to hide their broken game? I don't get it. I been in alphas for too many times point is to test their game and multiplayer parts of them. Is it Alpha test or network server test they should get their priorities right . Whatever not gonna pay any EA title when they come PS PLUS / Xbox Pass etc pretty soon but its sad.
Most likely because whatever build people are testing isn't representative of the current state of the game. Some builds are solely meant for network tests and are less feature complete for example, because taking the latest build and making a glorified demo out of it costs time and resources.
The (public) alphas you've been testing have already went through a lot of QA.
 

bsigg

Member
Oct 25, 2017
22,556
Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It's a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.

NDAs are different from TOS or EULA. NDAs are legally binding and serve the purpose of protecting the IP in this case. There's nothing wrong with using them especially when they're allowing players to get into the game months before the public release and polish that comes with that release.
 

Icemonk191

Banned
Oct 25, 2017
3,814
There are limits to the kind of penalties an NDA can enforce. Given game libraries are tied to accounts and the account termination is akin to termination and deletion of a library, I am arguing that it really should not be under the scope of the NDA.

NDAs having financial consequences is fairly common knowledge. Losing ancillary things because the company you signed an NDA with happen to also control a part of your digital property is in my mind onerous and opens a bad precedent.

What bad precedent? That breaking legal agreements will have consequences? I don't get why losing your account (which EA is in their right to do) is too much of a punishment for breaking a legal agreement that he signed knowing full well of the consequences of it.


Origin is small potatoes, but imagine if its Google or Steam.

If you don't think ether of those company's don't have language like that for their NDAs then I got a bridge to sell you.
 

TheGift

Member
Oct 28, 2017
669
Central California
Yes, I'm aware that the digital purchase agreement says. Basically all digital "purchases" have similar clauses. It's precisely that which I'm saying is an incredibly shitty state of affairs.

I'd like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can't just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.

You're confusing the TOS (Terms of Service) and an NDA (Non-Disclosure agreement). The second is legally binding and requires a signature and not just a "check the box."
 

Luigi87

One Winged Slayer
Member
Oct 25, 2017
5,105
TIL, several in this thread don't understand the legal binding contract of NDAs.

Like they are an actual legal agreement between two parties. They aren't just simple terms to follow.
 

Penny Royal

The Fallen
Oct 25, 2017
4,158
QLD, Australia
Man I can't wait to see the day some of you people break an NDA and get your asses sued for it.

It's not like they're complex or especially long documents either - a basic NDA is only a couple of pages long - so the EULA comparisons aren't relevant here.

If you knowingly break the terms of an NDA with clearly stated consequences, tough shit. Either don't sign the NDA in the first place or abide by its terms - like any other contract freely entered into.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,032
UK
I mean, it's pretty easy not to break an NDA

It's worth having a discussion over consumer rights in a digital era, but if the game isn't out and you somehow get it, trying to stream it for views is probably a bad idea

I'm not gonna cry over his lost game/games, if he wasn't an idiot he'd be fine
 

Wulfric

Member
Oct 25, 2017
5,966
Fun fact - You own literally zero of the games you buy digitally unless they come DRM free.

Why? Because you are buying a license. And guess what? Their TOS you didn't read says they can ban your account if they find that it violates their rules on their platform.

I hope you never lose your library some day.
 

ThreepQuest64

Avenger
Oct 29, 2017
5,735
Germany
Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It's a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.
I'm with you. Just show them people your game or don't outsource your alpha and beta testing cheaply to them. Taking his access to the alpha would have been somewhat okay for me if they really want to go that route, but taking more games, not to mention a whole library seems 'more illegal' to me than showing footage of a video game to the public. Think of those games you haven't even bought through their store front but having them physically standing on your shelf – and you can't play them anymore. That level of authority and control might be in line with that they want to have with their alpha footage, but it is completely out of this world.

On the other hand, if they communicate it clearly that you will loose all your games by braking the NDA, which is still a bitch-move, I would have said "then fuck off, I'm not supporting that shit." Do your testing by yourself. Game's most probably even not that good just to have access in order to play it rather than to report bugs and stuff.
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,032
UK
Why? Because you are buying a license. And guess what? Their TOS you didn't read says they can ban your account if they find that it violates their rules on their platform.

Do many platforms have ToS that are considered unreasonable though? Arn't they mostly along the lines of "don't pirate, don't cheat" etc

I'm fine with pirates and cheats losing their accounts

Also if the ToS change what happens with games you own under the previous ToS? Do they still stand under the previous ToS or do you need to comply with the new ones?
 

Keldroc

Member
Oct 27, 2017
11,987
I hope you never lose your library some day.

Unless he's violating NDAs, he won't. A lot of people here don't seem to know what an NDA is, why you have to sign one, or how stupid you have to be to break one you've signed. 99% of people will never be in this situation either because they never do/play anything requiring an NDA to be signed or they're not stupid enough to violate a legally binding contract.

People trying to use this as some kind of warning sign about digital purchases look ridiculous.
 

MegaXZero

One Winged Slayer
Member
Jun 21, 2018
5,079
Play stupid games, win stupid prizes. Getting his account banned for breaking the NDA should be the least of his worries.
 

Deleted member 11093

User requested account closure
Banned
Oct 27, 2017
9,095
I still can't believe that someone here said that "getting sued isn't a scary thing" and they weren't joking about it.

Crazy times we live in, eh?
 

Doc Kelso

Member
Oct 25, 2017
5,157
NYC
Do many platforms have ToS that are considered unreasonable though? Arn't they mostly along the lines of "don't pirate, don't cheat" etc

I'm fine with pirates and cheats losing their accounts

Also if the ToS change what happens with games you own under the previous ToS? Do they still stand under the previous ToS or do you need to comply with the new ones?
You always have to comply with the most up-to-date TOS. They also have to present you with the new TOS when it updates. The dystopian future where the TOS dictates that normal ways of playing/sharing content are in violation has yet to come and I doubt it's going to.
 

v1ta

Member
Oct 28, 2017
92
Anyone w/legal expertise able to comment on the legality of withholding other games purchased on the platform due to breach of an NDA? I'd assume the NDA is separate from the ToS of Origin?
 

oni-link

tag reference no one gets
Member
Oct 25, 2017
16,032
UK
You always have to comply with the most up-to-date TOS. They also have to present you with the new TOS when it updates. The dystopian future where the TOS dictates that normal ways of playing/sharing content are in violation has yet to come and I doubt it's going to.

So if I buy a game on PC and mod it, and they update to ToS to say modding is not allowed, I need to comply with that even if I bought the game specifically to mod, when the ToS allowed me to mod the game?

And if I do continute to mod the game, they can ban my entire account for violating the ToS I had no choice but to agree with despite the fact I wouldn't have bought the game if the new ToS were known about?
 

HardRojo

One Winged Slayer
Member
Oct 25, 2017
26,127
Peru
This kind of comment displays so much ignorance, these people believe that just because "it's a videogame" it is not to be bound by rules and regulations as other industries are. You can tell these people are either too young and naive or haven't worked in an office and corporate environments. There are a lot of things involved here, you gotta come forward with something better than "So what? It's a videogame!" to prove you know what you're talking about. There's a lot of stuff involved in this, such as planning, legal contracts, budgets, money, sales projections, milestones and whatnot. It's not simply a matter of "B-b-but it's a videogame, who cares?".
 

Deleted member 42

user requested account closure
Banned
Oct 24, 2017
16,939
This really isn't a battle the streamer would win even if he wanted to throw down legally about it tbh
 

ryan13ts

Member
Oct 28, 2017
2,102
Fun fact - You own literally zero of the games you buy digitally unless they come DRM free.

Why? Because you are buying a license. And guess what? Their TOS you didn't read says they can ban your account if they find that it violates their rules on their platform.

I bet that NDA that the guy didn't read said the same thing.

Maybe understand the shit you sign before you go off, bud.

All the more reason to not to go digital in most cases.

I actually read almost all legal agreements that online games or services sometime put in front of you (Just to see what shifty things they might try to scoot into an agreement that most people wouldn't notice) and if it states things like breaking TOS can revoke your license or purchases you made, that's a huge no for me. In most situations that wouldn't be an issue, but the idea that a company can just take away purchases you made legally, for valid violations or not, doesn't sit right with me. That's why the mass majority of my purchases are physical and will continue to be when possible.
 

Doc Kelso

Member
Oct 25, 2017
5,157
NYC
So if I buy a game on PC and mod it, and they update to ToS to say modding is not allowed, I need to comply with that even if I bought the game specifically to mod, when the ToS allowed me to mod the game?

And if I do continute to mod the game, they can ban my entire account for violating the ToS I had no choice but to agree with despite the fact I wouldn't have bought the game if the new ToS were known about?
Yes. That's not likely to happen unless you're modding the game in ways that aren't intended (i.e.; modifying game files illegally). I can't think of a single game that has had legal modding that is then subsequently dismantled by a TOS update. Happy to be wrong if someone has an example though.

Hell, very few games have TOS updates to begin with. Those that you do see are normally just being updated to reflect an updated name--such as when WoW has it's TOS updated every so often. Platform TOS updates are typically referring to new security measures (DRM) or privacy notices.
 

Uno Venova

Banned
Oct 25, 2017
3,858
Love seeing the difference in expectations of consequences between breaking NDA rules vs stealing music, movies, anime or pornography.
 

Nax

Hero of Bowerstone
Member
Oct 10, 2018
6,674
You've never heard of someone getting all their physical games stolen? Or fire, flood or other damage that could destroy your physical games? I never had games stolen but I did once have a couple of hundred CDs stolen from my car a number of years ago before music streaming was a thing.
Insurance should replace all that. Your digital games would not be salvageable, though.
 

Trace

Member
Oct 25, 2017
4,690
Canada
Love seeing the difference in expectations of consequences between breaking NDA rules vs stealing music, movies, anime or pornography.

And breaking an NDA is far worse than just straight up stealing, assuming the stuff you stole is publicly available. Companies SHOULD be coming down hard on people that break NDAs, don't do it people.