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Breaking the NDA?

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Comments

  • KialeyKialey Member Posts: 42
    Doubt post :(
  • KialeyKialey Member Posts: 42
    triple post :(
  • KialeyKialey Member Posts: 42
    wow.. site got wonky on me tonight.  quadruple post...
  • KialeyKialey Member Posts: 42
    good god.  pentapost?  Sorry all, I'd delete it if I could.  :-(
  • grimbojgrimboj Member Posts: 2,102


    Originally posted by Kialey

    Originally posted by Souldrainer
    Can can take action, but usually they will just force you to remove the link.  If it's damaging enough, they can sue because of the potential harm to their company.

    But on what basis?  I understand it can be harmful to their company, but just because you post damaging news about a company doesn't mean you open yourself up to a lawsuit. 


    Its called slander :P If you post a movie of an incomplete game, implying that the game is complete then its slander.

    --
    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

  • KialeyKialey Member Posts: 42


    Originally posted by grimboj

    Originally posted by Kialey

    Originally posted by Souldrainer
    Can can take action, but usually they will just force you to remove the link.  If it's damaging enough, they can sue because of the potential harm to their company.

    But on what basis?  I understand it can be harmful to their company, but just because you post damaging news about a company doesn't mean you open yourself up to a lawsuit. 


    Its called slander :P If you post a movie of an incomplete game, implying that the game is complete then its slander.


    Truth is an absolute defense to slander and libel.  And presenting a video of the current state of the game does not imply the game is complete.  Even if some people *did* draw that implication, the video was still a true represntation of the state of the game and therefore cannot as a matter of law be either slander or libel.

    So far, the only thing I'm seeing that is worrysome is a problem with copyright.  I believe that one has the right to use brief snippets of another's copyrighted material for the purpose of providing news, though I don't know of any circumstances where it's been done and said to be okay.  And the Apple link that was provided above, although very useful, did not really tell me much new.  The news organization was compelled to reveal the identity of the leaker - which I noted in my original post was a very real possibility.  As for any action against the news organization, I don't believe they could be charged with anything (assuming they comply with the court's order). 
  • andermananderman Member Posts: 70
    "As far as legal action goes , It is likely not much would happen . But IMo it is more a moral issue than anything."

    /agreed

    NDA's are really used as a deterrant and mainly they are only ever enforced in business to business cases, for game testers it's really just for show.

    From your hypothetical scenario you would be breaking copyright laws, to distribute any copyrighted material without the express permission of the copy owners is a cut and dried case.  However, it really depends on the country you  or the copyright owners are resident in.  For example it's very difficult to sue people in the UK, you need a *lot* of money to bring a case.  I think even in the US a Company would still be wary about bringing a case to the courts where little damage has been done.  Of course if it can be proved that the Company has lost money due to your actions and it's a lot of money then I would expect them to follow it up.

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