It's weird seeing all of these people not understand NDA's. I remember the kid that got a hold of the Halo 3 Epsilon build and got his dads account and xbox banned for over 9000 years.
wait, an actual father named sincerely?
It's weird seeing all of these people not understand NDA's. I remember the kid that got a hold of the Halo 3 Epsilon build and got his dads account and xbox banned for over 9000 years.
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".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.
"somebody named austin walker" lmao okay
Yeah, Austin fucking Walker's opinion overrides yours.
how do people not understand that this wasn't a demo, you're a freelance QA tester
You should buy Unravel for your 7 kids, its a great and fun game.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.
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.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.
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?
Smash has that 8 man Smash mode tho.You should buy Unravel for your 7 kids, its a great and fun game.
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.
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
You can always just not sign a contract if you are not comfortable with it. No one is forcing you to sign anything.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?
There's a simple solution, dont sign contracts that you dont wont want to comply with.
It's not stealing if you never owned it in the first place.If a company steals my digital games they're covered by their TOS.
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.
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.
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.
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.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.
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...
No, they're being taken because you broke the agreed upon terms and lost access...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.
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.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.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.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.
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.
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.
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.
Because Polygon doesn't break NDA's, they release information that the developer gives them permission to.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.
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.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.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.
Polygon isn't signing an NDA and breaking it.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).
I find it funny when someone says "it's just a video game" but don't realise that, to us, yes it's a video game, but to the investors it's a multi million dollar project that they have invested in.
The amount of posters who are clueless about an NDA in here is crazy.
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.
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.
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.
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.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.
No company whatsoever should be allowed to remove content that was bought and paid for. None of this would fly with physical goods.
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).
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.
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.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.