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AegonSnake

Banned
Oct 25, 2017
9,566
I think both gamers and publishers can be blamed for this insane level of secrecy surrounding games nowadays.

Gamers because we are these reactionary bunch of idiots who freak out at the smallest sign of bugs and write off entire games due to them. We don't understand the concept of betas, let alone stress tests like this. Just watching the thread in the morning was saddening because it proved exactly why the NDA was needed.

As for publishers, they should know better. This game has been in dev for over 7 years. It's being made by their A team. It likely cost well over a $100 million. Spend a few thousand more to pay testers instead of having the public test their game for free. expecting people to abide by the nda without giving them an incentive is naive.

Other than that, i can't see any other reason to blame them. Gamers, or at least the vocal minority, has latched on to this outrage mentality that has doomed many games unfairly. I have played so many good to great games this gen that were blasted over the internet for bugs, online issues and just being bad that i have come to really sympathize with developers. Driveclub was perfectly playable at launch. Had a great campaign but because of some online multiplayer issues, people dismissed it as a bad game and a great studio shut down. Ac unity had bugs that clearly showed the game was rushed by Ubisoft since they were fixed within weeks but it was too late and a fantastic ac game was thrown to the wolves. Not a single sequel since by that dev. Andromeda only had unfinished cutscene animations and was actually pretty bug free otherwise for an open world rpg but every YouTuber pretended it was the worst thing ever made. Mg survive was the latest casualty despite being bug free. All these games have largely positive official threads. People who actually played these games realized they were good despite some technical issues.

But despite all that, I will blame the publisher for those games shipping with issues, but what i can't do is blame a publisher who is actually actively trying to prevent that from happening with these stress tests.
 
May 9, 2018
3,600
Spend a few thousand more to pay testers instead of having the public test their game for free. expecting people to abide by the nda without giving them an incentive is naive.
As many have said in this thread, BioWare already has paid testers in-house for years for the build being alpha-tested now. Public testing is for gathering data and user behavior at scale that can't be obtained in-house; even if you could do that internally, it would not be "a few thousand more".

The existence of bugs in the final product is not necessarily a failure of testing/QA; it's more a cost/benefit analysis of delays/costs of fixing the bug on the business/Product Manager side.
 

lucebuce

Community Resettler
Member
Oct 25, 2017
22,892
Pakistan
For fuck's sake you're explaining the very reason NDAs exist right here lol. I don't give 2 shits about EA I hardly buy their games, can't even recall what was the last game from them I bought, I'm simply advocating for common sense.
You should buy Unravel for your 7 kids, its a great and fun game.
 

test_account

Member
Oct 25, 2017
4,645
Awesome. I feel like I'm trolling at the point.

My original intent was to be upset about EA's reaction and the nature of NDA's, specifically in regards to protecting Anthem from public view. Yes, the streamer broke the NDA. Yes, an NDA is legally binding. I don't like that his account was closed and any games he purchased were lost. He potentially lost any digital items he'd purchased. He can no longer access anything linked to that account. Yes, that might be legally permissible, but that doesn't mean I think it's right. The NDA included with the alpha test allows for EA to seek unlimited damages without the accused present. It grants that any disclosure is irreparable, and monetary damages would be insufficient. There's no signature needed to agree to this NDA. It's just three check boxes and a button.

My view is more dangerous than that? My view that NDA should be limited, specific, and that they are largely a corporate tool to silence critics, is more dangerous than an enforceable NDA with potentially limitless penalties? It's an ignorant and myopic opinion that consumer rights should be protected and that an account with digital purchases shouldn't be voided without recourse? I didn't realize I was alone in this opinion. I don't like that there aren't rights in this digital world.
Nah, its not limitless penalties for breaking a NDA like this. EA cant sue this guy for 500 trillion dollars or request 1000 years in jail (extreme hyperbole examples, but i think you get my point) and win such lawsuit. The amount of damage VS penalty has to have some correlation.

By the way, why does it matter how much money that someone has in this case? If this was an indie developer who had taken mortages on their houses to fund this game, do you think it would be less, more or equally ok to break a NDA in that case? People should have the same rights even if they have 1 dollar or 1 billion dollars.

There will also be plenty of opportunities to check out the game and get feedback from it before choosing to buy it. Getting information about bugs and such in a alpha build might not even be representable in the final build.
 
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Ukumio

The Fallen
Oct 26, 2017
1,415
Australia
You're right, he broke the contract. EA was probably completely covered. I still don't like it. I don't like that an NDA, TOS, or whatever can lead to a closed account. I hate that everyone is fine with this. I hate that there's no ownership, and everyone here at ERA is fine with that. More than that, they're cheering EA on. There should be consequences, but blocking access to paid content really bothers me.

Also, not paying your rent is different that breaking an NDA, at least in my mind. I mean, simply, I guess a contract is a contract. Is that it then, it's all black and white? Every civil contract broken is the same?

I can't speak for everyone else but the reason I'm fine with it is because I don't plan to break any rules with the people I buy games off so I don't fear losing access to them. Also it's not so much that we're cheering EA on, it's that we have no sympathy for someone who goes out of their way to purposefully break the NDA THEY signed.

Replace EA and Anthem with literally any other publisher and game title and you would see a lot of the same comments. Just because it's EA doesn't mean anything.
 

lucebuce

Community Resettler
Member
Oct 25, 2017
22,892
Pakistan
Smash has that 8 man Smash mode tho.
474713836541313026.png
 

Nax

Hero of Bowerstone
Member
Oct 10, 2018
6,674
Not for rare games it wouldn't. Some of the CDs I had stolen were limited editions I imported from other countries, I wasn't going to find those again. You're also ignoring that your physical games can be lost or damaged forcing you to rebuy them. Let's stop pretending only digital has any downsides.

Insurance will replace the value of those games, though. I'm not arguing physical doesn't have downsides. This entire conversation was based on the scenario of a company taking away your digital purchases. And that can't happen if you have physical games.
 

Nax

Hero of Bowerstone
Member
Oct 10, 2018
6,674
lol no it doesn't

wat about old physical games that have been long out of print? and no u can't get everything on ebay. and even if an out-of-print game is on ebay, if it's super rare and costs $5000 the insurance company doesn't give you the ebay value lol

Really all depends on how good your insurance is. And how much personal property you are covered for. Be persistent, and have a detailed inventory list with pictures. You should be able to get near the full value.
 

sickvisionz

Member
Jan 19, 2018
125
It's not surprising to me that he broke EA's rules so they kicked him off of all EA services. If you can't play by the rules then leave. It's not like him breaking this NDA put food on his family's table or a roof over his head so there was any way to spin his actions as necessary. It was just a jackass FU move. He got jackass FU'd back.

I'm surprised they haven't flat out banned him for life. Billions of people on Earth never play EA games. Adding one more to the list really amounts to nothing but fewer bad actors in the community/customer base.
 

BloodHound

Member
Oct 27, 2017
9,010
You're right, he broke the contract. EA was probably completely covered. I still don't like it. I don't like that an NDA, TOS, or whatever can lead to a closed account. I hate that everyone is fine with this. I hate that there's no ownership, and everyone here at ERA is fine with that. More than that, they're cheering EA on. There should be consequences, but blocking access to paid content really bothers me.

Also, not paying your rent is different that breaking an NDA, at least in my mind. I mean, simply, I guess a contract is a contract. Is that it then, it's all black and white? Every civil contract broken is the same?
You can always just not sign a contract if you are not comfortable with it. No one is forcing you to sign anything.
 

saenima

Banned
Oct 25, 2017
11,892
If someone steals my physical games they are a criminal and will go to jail if found.

If a company steals my digital games they're covered by their TOS.
 

Stellar

Banned
Oct 26, 2017
758
Losing all your origin games just to stream this boring ass destiny knock off. Yikes my dude
 

Amibguous Cad

Member
Oct 25, 2017
3,033
I'm... do people think NDAs are that important? Half the scoops you guys read about upcoming games come from someone breaking an NDA. I can't say I feel too terrible for this guy - he did sign a contract - but the glee here is beyond baffling.
 

saenima

Banned
Oct 25, 2017
11,892
I'm... do people think NDAs are that important? Half the scoops you guys read about upcoming games come from someone breaking an NDA. I can't say I feel too terrible for this guy - he did sign a contract - but the glee here is beyond baffling.

Gotta protect the optimization of the marketing strategy for maximum hype production.

Won't someone think of the MBA types?
 

AntiMacro

Member
Oct 27, 2017
3,139
Alberta
If someone steals my physical games they are a criminal and will go to jail if found.

If a company steals my digital games they're covered by their TOS.

They didn't steal them in that case. You lost access because you broke the agreement you'd entered into.

If you stop making payments on your car, the repo guy isn't 'stealing' it...
 

Niosai

One Winged Slayer
Member
Oct 28, 2017
4,925
I support them revoking his access to the Anthem alpha/beta. What I can't support is removing someone's entire library. I'm all for ownership of a product you paid for. Do we know if there were any other games in the library?
 

TheYanger

Avenger
Oct 25, 2017
10,153
I'm... do people think NDAs are that important? Half the scoops you guys read about upcoming games come from someone breaking an NDA. I can't say I feel too terrible for this guy - he did sign a contract - but the glee here is beyond baffling.
Uh, yeah? NDAs are used all the time everywhere. It's not some videogame jargon nobody gives a shit about. Let's not kid ourselves, this guy wasn't some reporter that got a hot tip about something people want to know about, he's a shitty gamer that was trying to make a quick buck and get some twitch follows by showing off something near release that isn't showing anyone anything truly unknown about the game.

To compare it to someone getting an actual scoop is ridiculous.
 

saenima

Banned
Oct 25, 2017
11,892
They didn't steal them in that case. You lost access because you broke the agreement you'd entered into.

If you stop making payments on your car, the repo guy isn't 'stealing' it...

The difference being the games were paid for in full. In your analogy it would be the same as Ford towing away your car after you finished paying.
 

The_Land

Banned
Oct 27, 2017
2,390
Cleveland Ohio
Don't break NDA's. Just because its a video game and we are a video game enthusiast forum doesn't mean it's acceptable. Even in the Anthem thread 95% of people posting in that thread are breaking the NDA. I guess I shouldn't be surprised that we have NDA Breaker Apologists here but whatever. The law is the law.
 

AntiMacro

Member
Oct 27, 2017
3,139
Alberta
The difference being the games were paid for in full. In your analogy it would be the same as Ford towing away your car after you finished paying.
No, they're being taken because you broke the agreed upon terms and lost access...

So you lost your license, kept driving and got caught, and they impounded your car.

Edit - and honestly I don't really care about the NDA at all. If you don't want to obey it, don't. But people who break it shouldn't complain when they then face repercussions.
 

saenima

Banned
Oct 25, 2017
11,892
No, they're being taken because you broke the agreed upon terms and lost access...

So you lost your license, kept driving and got caught, and they impounded your car.

Edit - and honestly I don't really care about the NDA at all. If you don't want to obey it, don't. But people who break it shouldn't complain when they then face repercussions.

The product has been paid for and delivered. Period. Any other nonsense is something the company should have no right doing. Your license example has nothing to do with the exchange of goods between the client and the car manufacturer.
 

AntiMacro

Member
Oct 27, 2017
3,139
Alberta
The product has been paid for and delivered. Period. Any other nonsense is something the company should have no right doing. Your license example has nothing to do with the exchange of goods between the client and the car manufacturer.
This is really no different from any of the 'online services' attached to games these days. If you fail to uphold your end of the agreement - basically don't be a douchebag - you lose access to it, and it doesn't matter if you paid for it or not. You broke the rules, you face the punishment for it.

People have no ability to take responsibility for what they choose to do these days. It's not the company that's to blame for someone deciding they don't need to obey - or read - the NDA.
 

Dreamwriter

Member
Oct 27, 2017
7,461
The product has been paid for and delivered. Period. Any other nonsense is something the company should have no right doing. Your license example has nothing to do with the exchange of goods between the client and the car manufacturer.
So you think he should have been sued for tens or hundreds of thousands of dollars, basically destroying his entire life, rather than just removing some games? You think that's a better deal? It's what the publisher is entitled to for breaking their contract, revealing company secrets and potentially damaging the company image.
 

rras1994

Member
Nov 4, 2017
5,744
The product has been paid for and delivered. Period. Any other nonsense is something the company should have no right doing. Your license example has nothing to do with the exchange of goods between the client and the car manufacturer.
Except it's bought on a store/platform that has to be maintained and the downloads and online services are on a server which also has to be paid for. That's why it's seen as a service and if they keep up their end of the bargain of consistently making sure you can play your games and downloads, and you don't keep your end of the bargain of acting reasonable/ not stealing their stuff (broadcasting stuff you don't own like the Anthem alpha is stealing) they can lock you out of that service, just like if you broke things in a restaurant they can throw you out, and it doesn't matter if you paid for it or not, they don't have to give you the food. The law does not give consumers carte blanche to just do what they want with no repercussions.
 

Amibguous Cad

Member
Oct 25, 2017
3,033
Uh, yeah? NDAs are used all the time everywhere. It's not some videogame jargon nobody gives a shit about. Let's not kid ourselves, this guy wasn't some reporter that got a hot tip about something people want to know about, he's a shitty gamer that was trying to make a quick buck and get some twitch follows by showing off something near release that isn't showing anyone anything truly unknown about the game.

To compare it to someone getting an actual scoop is ridiculous.

As opposed to a reporter who... reports on something under NDA who wants to get more clicks for their website? If this guy had been smarter and captured 30 minutes of video from the alpha and gave it to a journalist, that would be fine, but this isn't?

He saw something that was of interest to the gaming public - at least, certainly it was of interest to me, I clicked on this thread hoping to see unfiltered and unedited alpha footage of the game - and he posted it, hoping that it might boost his profile or get more clicks. This is not in any way different than what a Polygon would do other than, I suppose, that he doesn't have a byline.

Don't break NDA's. Just because its a video game and we are a video game enthusiast forum doesn't mean it's acceptable. Even in the Anthem thread 95% of people posting in that thread are breaking the NDA. I guess I shouldn't be surprised that we have NDA Breaker Apologists here but whatever. The law is the law.

It's not a law, it's a contract. No one is going to jail over this, or suffering any other kind of punishment from a government that implies wrongdoing.

So you think he should have been sued for tens or hundreds of thousands of dollars, basically destroying his entire life, rather than just removing some games? You think that's a better deal? It's what the publisher is entitled to for breaking their contract, revealing company secrets and potentially damaging the company image.

Breaking an NDA isn't against the law, nor is breaking an NDA a cause of action for a civil lawsuit. The only way you would see such consequences was if the NDA itself contained such language (and it almost certainly doesn't, because slapping some streamer with a 5-figure fine would be a PR disaster).
 

Dreamwriter

Member
Oct 27, 2017
7,461
As opposed to a reporter who... reports on something under NDA who wants to get more clicks for their website? If this guy had been smarter and captured 30 minutes of video from the alpha and gave it to a journalist, that would be fine, but this isn't?

He saw something that was of interest to the gaming public - at least, certainly it was of interest to me, I clicked on this thread hoping to see unfiltered and unedited alpha footage of the game - and he posted it, hoping that it might boost his profile or get more clicks. This is not in any way different than what a Polygon would do other than, I suppose, that he doesn't have a byline.
Because Polygon doesn't break NDA's, they release information that the developer gives them permission to.

It's not a law, it's a contract. No one is going to jail over this, or suffering any other kind of punishment from a government that implies wrongdoing.
Contracts are governed by law. Breaking a contract is breaking civil law. Sure, you won't go to jail, instead you will get sued into oblivion, owing money for the rest of your life.
 

rras1994

Member
Nov 4, 2017
5,744
As opposed to a reporter who... reports on something under NDA who wants to get more clicks for their website? If this guy had been smarter and captured 30 minutes of video from the alpha and gave it to a journalist, that would be fine, but this isn't?

He saw something that was of interest to the gaming public - at least, certainly it was of interest to me, I clicked on this thread hoping to see unfiltered and unedited alpha footage of the game - and he posted it, hoping that it might boost his profile or get more clicks. This is not in any way different than what a Polygon would do other than, I suppose, that he doesn't have a byline.



It's not a law, it's a contract. No one is going to jail over this, or suffering any other kind of punishment from a government that implies wrongdoing.
What do you think Contract law is? It can be incredibly serious to break a contract and the consequences can be really severe, including bankrupcy. It can destroy you for life, and you are incredibly foolish if you think that doesn't happen.
 

TheYanger

Avenger
Oct 25, 2017
10,153
As opposed to a reporter who... reports on something under NDA who wants to get more clicks for their website? If this guy had been smarter and captured 30 minutes of video from the alpha and gave it to a journalist, that would be fine, but this isn't?

He saw something that was of interest to the gaming public - at least, certainly it was of interest to me, I clicked on this thread hoping to see unfiltered and unedited alpha footage of the game - and he posted it, hoping that it might boost his profile or get more clicks. This is not in any way different than what a Polygon would do other than, I suppose, that he doesn't have a byline.



It's not a law, it's a contract. No one is going to jail over this, or suffering any other kind of punishment from a government that implies wrongdoing.



Breaking an NDA isn't against the law, nor is breaking an NDA a cause of action for a civil lawsuit. The only way you would see such consequences was if the NDA itself contained such language (and it almost certainly doesn't, because slapping some streamer with a 5-figure fine would be a PR disaster).
Polygon isn't signing an NDA and breaking it.

You're comparing the equivilent of us here on the forums discussing this guy breaking the NDA, to the person actually doing the breaking.

Reporters sign NDAs for press events all the fucking time, and it's pretty rare that we see those broken, because there are actual legal ramifications to doing so.
 

Deleted member 29682

User requested account closure
Banned
Nov 1, 2017
12,290
I'm... do people think NDAs are that important?

Ever heard of doctor-patient confidentiality, or legal profession privilege? Those are NDAs (Non-Disclosure Agreements) too. They're not some thing EA conjured up to revoke peoples' accounts. There's a long history of their legitimate use in many industries too, not just the video game industry.
 

Trace

Member
Oct 25, 2017
4,692
Canada
I'm... do people think NDAs are that important? Half the scoops you guys read about upcoming games come from someone breaking an NDA. I can't say I feel too terrible for this guy - he did sign a contract - but the glee here is beyond baffling.

Yes? NDAs are extremely important for a wide variety of things. Just because it's "just video games" doesn't make them any less legally binding. Don't sign an NDA if you don't understand or care about it.
 

saenima

Banned
Oct 25, 2017
11,892
This is really no different from any of the 'online services' attached to games these days. If you fail to uphold your end of the agreement - basically don't be a douchebag - you lose access to it, and it doesn't matter if you paid for it or not. You broke the rules, you face the punishment for it.

No. It's not the same at all. The service is there as a portal to the content. You buy the content, not the service.

So you think he should have been sued for tens or hundreds of thousands of dollars, basically destroying his entire life, rather than just removing some games? You think that's a better deal? It's what the publisher is entitled to for breaking their contract, revealing company secrets and potentially damaging the company image.

I don't give a shit about this dude. This conversation is much bigger than some idiot who decided to play himself for 15 minutes of internet fame. It's about the constant erosion of customer rights in the digital space. No company whatsoever should be allowed to remove content that was bought and paid for. None of this would fly with physical goods.
 

Dreamwriter

Member
Oct 27, 2017
7,461
I don't give a shit about this dude. This conversation is much bigger than some idiot who decided to play himself for 15 minutes of internet fame. It's about the constant erosion of customer rights in the digital space. No company whatsoever should be allowed to remove content that was bought and paid for. None of this would fly with physical goods.
Physical goods...I've signed NDA's for trying early-access development hardware, where if I break the NDA I lose the harware. I paid $3000 for that hardware. Exact same circumstance.
 

Pryme

Member
Aug 23, 2018
8,164
No company whatsoever should be allowed to remove content that was bought and paid for. None of this would fly with physical goods.

Nintendo is banning Switch consoles from online play after detecting they've hacked their consoles. Microsoft and Sony have banned consoles from online play after detecting piracy.

Basically, Physical goods have had functionality restricted, so your point is moot.
 

bsigg

Member
Oct 25, 2017
22,556
Breaking an NDA isn't against the law, nor is breaking an NDA a cause of action for a civil lawsuit. The only way you would see such consequences was if the NDA itself contained such language (and it almost certainly doesn't, because slapping some streamer with a 5-figure fine would be a PR disaster).

From the agreement signed for the Anthem Closed Alpha:

6. Relief and Indemnity
You agree that a breach or threatened breach of this Agreement will cause EA irreparable injury, that money damages would be an inadequate remedy, and that EA shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened breach.

But breaking an NDA is ok.
 

elenarie

Game Developer
Verified
Jun 10, 2018
9,821
There isn't much to say on this subject other than, please remember to respect the legally binding agreements you sign. :)
 

Lukas Taves

Banned
Oct 28, 2017
5,713
Brazil
Nintendo is banning Switch consoles from online play after detecting they've hacked their consoles. Microsoft and Sony have banned consoles from online play after detecting piracy.

Basically, Physical goods have had functionality restricted, so your point is moot.
MS banned consoles but your purchases would still be accessible on the console that had them and if you went online on any non banned console as well.

Even in cases of canceling the purchase on the bank/credit card Ms only blocks your ability of purchasing new games.