Originally posted by busdriver Originally posted by error0073
an NDA would be a legally binding contract. ITs got offer, acceptance, and consideration, so It should be legally binding. The problem is for the company to sue there must be provable damages and it seems that it would be tough to prove damages from a breach of an NDA.
I hate quoting myself but...
NDA's are legally binding BUT those agreenments that you make with a game developer are not legally binding NDA's. To be that, one would have to be in a business relationship with the game developer, in another words one would have to be paid for beta testing (no, a penny wouldnt do, it would have to be a real wage). As it is, beta testers get paid nothing. Someone thinks now, that the payment is that you get to play the game for free, and I agree, but thats not how the law sees it. So, unless you get money from game developer or beta testing is related to your work (youre a professional game reporter in some gaming mag for example), you have no reason to worry about NDA. I understand your though process, because payment for testing would be the consideration required for the formation of a contract. Consideration is not limited to cash. Exchange of services could be valid consideration . I will admit it is a little fuzzy In the case of beta testing, but both sides benifit from it so there may be proper consideration. I'm not sure if there is case law out there on the issue.
Either way a case would not be brought against a violator since there are not really quantifiable damages.
Originally posted by error0073 Originally posted by busdriver Originally posted by error0073
an NDA would be a legally binding contract. ITs got offer, acceptance, and consideration, so It should be legally binding. The problem is for the company to sue there must be provable damages and it seems that it would be tough to prove damages from a breach of an NDA.
I hate quoting myself but...
NDA's are legally binding BUT those agreenments that you make with a game developer are not legally binding NDA's. To be that, one would have to be in a business relationship with the game developer, in another words one would have to be paid for beta testing (no, a penny wouldnt do, it would have to be a real wage). As it is, beta testers get paid nothing. Someone thinks now, that the payment is that you get to play the game for free, and I agree, but thats not how the law sees it. So, unless you get money from game developer or beta testing is related to your work (youre a professional game reporter in some gaming mag for example), you have no reason to worry about NDA. I understand your though process, because payment for testing would be the consideration required for the formation of a contract. Consideration is not limited to cash. Exchange of services could be valid consideration . I will admit it is a little fuzzy In the case of beta testing, but both sides benifit from it so there may be proper consideration. I'm not sure if there is case law out there on the issue.
Either way a case would not be brought against a violator since there are not really quantifiable damages.
If by Exchnage of services you mean getting to play the game for free then no, I dont see how it could be accepted as a consideration since it is actually something you do for the game developer... as a job.
I remember there were few good threads about this topic. I see if I can find 'em.
EDIT: here you go, its a good read. Explains NDA better than I ever could.
I agree with error0073. I doubt anyone is going to court over saying, "I played this beta. It sucks.", which is the extent of most violators, anyway. You'd have to really do something that would damage them, such as finding out the release date and publishing it before the official announcement, giving their competitors time to get theirs out first. I use that as an example because it actually happened to someone I know, though not with a game. He sued and won.
PS Conshohocken makes the best bread and tomato pie, ever.
Good read and teens are most of the time very immature if have to sisters that are going through the terrible teens but id let you in for beta to bad its not to me but this thread was a waste of time and thank god you posted it or id be reading another one Bored At Work
Ive bought a beta key from cm and not heard a word about beta mmm.... scammmm on toast.....
-- Note: PlayNC will refuse to allow you access to your account if you forget your password and can't provide a scanned image of the product key for the first product you purchased..... LOL
Comments
NDA's are legally binding BUT those agreenments that you make with a game developer are not legally binding NDA's.
To be that, one would have to be in a business relationship with the
game developer, in another words one would have to be paid for beta
testing (no, a penny wouldnt do, it would have to be a real wage). As
it is, beta testers get paid nothing. Someone thinks now, that the
payment is that you get to play the game for free, and I agree, but
thats not how the law sees it. So, unless you get money from game
developer or beta testing is related to your work (youre a professional
game reporter in some gaming mag for example), you have no reason to
worry about NDA.
I understand your though process, because payment for testing would be the consideration required for the formation of a contract. Consideration is not limited to cash. Exchange of services could be valid consideration . I will admit it is a little fuzzy In the case of beta testing, but both sides benifit from it so there may be proper consideration. I'm not sure if there is case law out there on the issue.
Either way a case would not be brought against a violator since there are not really quantifiable damages.
NDA's are legally binding BUT those agreenments that you make with a game developer are not legally binding NDA's.
To be that, one would have to be in a business relationship with the
game developer, in another words one would have to be paid for beta
testing (no, a penny wouldnt do, it would have to be a real wage). As
it is, beta testers get paid nothing. Someone thinks now, that the
payment is that you get to play the game for free, and I agree, but
thats not how the law sees it. So, unless you get money from game
developer or beta testing is related to your work (youre a professional
game reporter in some gaming mag for example), you have no reason to
worry about NDA.
I understand your though process, because payment for testing would be the consideration required for the formation of a contract. Consideration is not limited to cash. Exchange of services could be valid consideration . I will admit it is a little fuzzy In the case of beta testing, but both sides benifit from it so there may be proper consideration. I'm not sure if there is case law out there on the issue.
Either way a case would not be brought against a violator since there are not really quantifiable damages.
If by Exchnage of services you mean getting to play the game for free then no, I dont see how it could be accepted as a consideration since it is actually something you do for the game developer... as a job.
I remember there were few good threads about this topic. I see if I can find 'em.
EDIT: here you go, its a good read. Explains NDA better than I ever could.
http://www.mmorpg.com/discussion2.cfm/post/774668#774668
I agree with error0073. I doubt anyone is going to court over saying, "I played this beta. It sucks.", which is the extent of most violators, anyway. You'd have to really do something that would damage them, such as finding out the release date and publishing it before the official announcement, giving their competitors time to get theirs out first. I use that as an example because it actually happened to someone I know, though not with a game. He sued and won.
PS Conshohocken makes the best bread and tomato pie, ever.
Good read and teens are most of the time very immature if have to sisters that are going through the terrible teens but id let you in for beta to bad its not to me
but this thread was a waste of time and thank god you posted it or id be reading another one 
Bored At Work 
P.S WORK SUCKS
A thought occurred to me - Why didnt you just lie about your age?
eye dun haf sig
mmm.... scammmm on toast.....
--
Note: PlayNC will refuse to allow you access to your account if you forget your password and can't provide a scanned image of the product key for the first product you purchased..... LOL
OUCH
that sux bro i feel for you