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NDA apply or not
VengeSunsoar
Member EpicPosts: 6,601
Without reading the eula, since I have no intention of doing it, would I be allowed to post about things that are in Beta? I am not in Beta but my brother is so I can (as in I have the ability) to say some things about graphcs and gameplay. But would I be modded/deleted by mmorpg? or would it just be bad business.
Just curious. If not I will tell some things I have seen so far.
Venge Sunsoar
Just because you don't like it doesn't mean it is bad.
Comments
Mods here would probably delete your posts and you might get banned from the beta.
I
Moderators, please lock this thread and monitor any posts by this user.
Just so you know. I have not broken any contract. Secondly there is no way any charges could be laid even if I had. Contract law and criminal law are two different areas. Jail term could not be imposed because that is a criminal matter. The only thing the company could do would be launch a civil suit.
But again all that is moot because I have not broken any contract, nor do I intend to leak any information. I was just curious as to the details of whether I could give info because I am not bound by a contract.
Venge Sunsoar
You would be surpised. The fact that they have never really prosecuted anyone on this is one thing. What you could be called up on as far as charges is a different thing entirely. Usually companies are busy building games instead of worrying about NDAs. However, it's called being an accessory. You now know what you're not supposed to do. So be a good person and don't do what you're not supposed to. If someone were to tell the company that you broke the NDA, then you might get into some nasty trouble. Civil suits are for different things entirely. If you have some time, why don't you go ahead and look up the information with regards to breaking Non-Disclosure Agreements. Until you pass the bar or at least take some law courses you have no backing to stand on.
As the other people have stated. Your brothers action of telling you that he was in the beta in the first place was a breach of the Non-Disclosure Agreement. The fact that your comments state that he has shown you the beta is further a breach. Furthermore posting about it on this site is being an accessory to the crime.
If I went out and bought illegal substances and then had a friend, (or brother) in this case sell them at the street corner. He would be an accessory to the crime and just as guilty if not more so than myself. The same thing stands for this.
You are, however, correct that the two different types of laws are seperate. Yet, you can still be jailed for things such things.
As far as I know, and I may be wrong, please if there are any lawyers out there please tell us (my background is only loosely experienced with the criminal code), you can only go to jail for for breaking criminal law. You cannot go to jail for violating a contract, unless violation of that contract also violates criminal law, such as a Consumer Protection Law (E.g. selling false stock security certificates).
Also if any part of an NDA is unreasonable, many judges will throw the entire document out, others will just blue pencil that section. As far as my brother telling me breaking the NDA, if I visit him at his house and he is playing and I see it, that may be breaking NDA, but I dare anyone to find a judge that would consider that reasonable cause for suit.
This site has some very interesting information on criminal law and contract law.
http://www.duhaime.org/
So then the question then remains, "Is there some criminal law against violating a eula?" Until this question is answered, comments like, "accessory to the crime" have no basis.
And why they have never prosecuted someone begs the question, "Is the reason no one has been prosecuted because there is nothing to prosecute with, again no criminal charges, or because the nda is so flimsy that a conviction would be unlikely, therefore a waste of money. Therefore the only recourse is a civil suit.
Although the Uniform Trade Secrets act may have some bearing, and could be tied into making the breaking of the contract a criminal proceeding?
http://jobsearchtech.about.com/gi/dynamic/offsite.htm?site=http://www.law.upenn.edu/bll/ulc/fnact99/1980s/utsa85.htm
What do you think?
By the way I don't have any desire to leak any information that was just a curiousity, if the nda would apply or not. This discussion on legal proceedings is much more interesting.
And you do not have to be a lawyer to have some backing to stand on. I will not hide behind an education in order to infer credibility. Lawyers are not the only people who can understand law, doctors are not the only people who can understand health. I can read, I can learn and I can reason.
Venge Sunsoar
You cannot go to jail for violating a contract, unless violation of
that contract also violates criminal law, such as a Consumer Protection
Law (E.g. selling false stock security certificates).
- True, however civil and criminal laws are often not clear cut. By breaking the NDA, as you have only done so by posting that your brother plays in the beta, you are not liable to jailment. However, further actions on your part could be. Breaking the NDA at this point is a civil offense.
Also if any part of an NDA is unreasonable, many judges will throw the
entire document out, others will just blue pencil that section. As far
as my brother telling me breaking the NDA, if I visit him at his house
and he is playing and I see it, that may be breaking NDA, but I dare
anyone to find a judge that would consider that reasonable cause for
suit.
At this point in time, developers usually don't prosecute people who break the NDA. At least not on the small scale. If you were to say, post negative information about the game which you could only get from the Beta and it had a big negative impact on their gross, then they would most likely prosecute you. Of note, is the fact that a lot of the laws that are out there are not prosecuted. For example, did you know that by law must secure your home wireless network to a standard even though the 802.1 wireless band is not regulated.
So then the question then remains, "Is there some criminal law against
violating a eula?" Until this question is answered, comments like,
"accessory to the crime" have no basis.
Accessory to the crime still has basis as a civil crime.
And you do not have to be a lawyer to have some backing to stand on. I
will not hide behind an education in order to infer credibility.
Lawyers are not the only people who can understand law, doctors are not
the only people who can understand health. I can read, I can learn and
I can reason.
Like I said above, I am really glad that you looked into this instead of just relying on the information of others. Please continue to do so.
As one of my favorite professors once said. "You can excel at anything, you just can't be good at everything."
By the way I don't have any desire to leak any information that was
just a curiousity, if the nda would apply or not. This discussion on
legal proceedings is much more interesting.
I am glad to hear that. I see way too much of people breaking NDA's on these forums.
But more importantly, Apoc, your self rightous and pious first post was likely not well recieved by any.
I miss DAoC
Now having said all that, I would hope people would try to honor their end of that contract. And even in cases such as where someone's broither is in the beta, you'd hope that those in the know would respect both their brother and the contract itself enough to not discuss details. Eventually the game will be accessible by the public and then the public can judge it fairly. Until then, discussion of the state of the game is unfair to Turbine because it it still a work in progress (hence not released yet).
The adventure is in the journey itself.
That being said, it's developed by Turbine and I have zero interest. After the AC2 debacle, Turbine has yet, in my opinion, demonstrated why I should give them my money.
In my opinion;
AC2 - great game
Turbine - horrible development company
(disclaimer: Im not in any Turbine beta or game)
Avid PvPer awaiting an avid PvP MMO, not a PvE MMO with a sloppy side order of unthoughtful PvP.
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