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Breaking NDAFollow

#1 Dec 21 2009 at 2:56 PM Rating: Decent
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Can anyone explain this to me in like 5th grade language? I dont understand what the sticky above is trying to state. I see people saying not to tell others and i have no clue what they mean.
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#2 Dec 21 2009 at 3:05 PM Rating: Excellent
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tis a "Non-disclosure agreement" the wiki will explain it all
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#3 Dec 21 2009 at 3:06 PM Rating: Good
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So beta players cant release info to the public?
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#4 Dec 21 2009 at 3:07 PM Rating: Excellent
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exactly
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#5 Dec 21 2009 at 3:08 PM Rating: Good
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thanks
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#6Mostaru, Posted: Dec 21 2009 at 3:08 PM, Rating: Sub-Default, (Expand Post) Sure.
#7 Dec 21 2009 at 3:10 PM Rating: Good
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failed at trying to be funny.
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#8Mostaru, Posted: Dec 21 2009 at 3:11 PM, Rating: Sub-Default, (Expand Post) just trying to make you understand, fifth grader :(
#9 Dec 21 2009 at 3:12 PM Rating: Excellent
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#10 Dec 21 2009 at 4:48 PM Rating: Decent
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I like friends

@_@

can I has too?
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#11 Dec 21 2009 at 9:15 PM Rating: Good
Even though it may be hard for them to track you down if you spout info anonymously, you really should abide by the agreement. If people start ignoring their contractual obligations, then pretty soon their will be no more contracts.

I didn't mean to imply that you would do that OP, but if your unsure what a NDA is, you may be unaware of how serious companies are about them.
#12Frebaut, Posted: Dec 21 2009 at 10:16 PM, Rating: Sub-Default, (Expand Post) You cannot even tell people that your in the beta. But really who is your mommy going to tell?
#13 Dec 21 2009 at 10:38 PM Rating: Excellent
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I heard they'll break down your door and bust your knee caps if you break the NDA. Don't know about you, but I like my knee caps.
#14 Dec 22 2009 at 12:48 PM Rating: Decent
Mostaru wrote:
Lovestospoon wrote:
Can anyone explain this to me in like 5th grade language? I dont understand what the sticky above is trying to state. I see people saying not to tell others and i have no clue what they mean.


Sure.
basically if you got into beta, you have to lock yourself in your room and can not tell anyone about the game until official release.

Do you understand now? or im using 9th grade language?


Fail Troll is Fail...

It was a question that did not need your sarcastic tone because it had already been answered. Go Troll else wear.
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#15 Dec 22 2009 at 1:43 PM Rating: Good
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I got this quote from a different website, I'll list the source as well

http://vnboards.ign.com/warhammer_online_age_of_reckoning_general_board/b22997/106853017/p1/


Warning: Incoming wall of text but it's very interesting information in terms of consequences for breaking the NDA if you want to read on.

The following was taken from the bottom post at the source I listed, and it sounds spot on.


Quote:
Does it have legal consequences? Yes. The breaking of the agreement, in and of itself, opens the person to *possible* consequences. If you are sued by a company for breaking an NDA, at a minimum you may have to retain a lawyer. And at today's fees for attorneys, simply being sued and having to defend the lawsuit can prove very expensive.

Does the NDA-holder need to prove serious financial harm in order to win the case? No. The financial harm the company has or will suffer based on the breach is an issue that goes to any damage claim the holder of the NDA might seek from the person that breaks the NDA, it really has no bearing on whether the NDA-holder wins the case unless the NDA was written really badly. Most NDA agreements have a clause that references a term like "serious financial harm" from an NDA so that the person that signs the NDA is acknowledging, by signing the agreement, that breaking the NDA can hurt the company. Does this mean the company is automatically "in the money" no but it serves as a bar for the NDA-breaker successfully arguing that "Gee Mr. Judge, I had no idea that my shooting my mouth off all over the Internet that the company's widgets are defective could hurt the company!" Again, it's no guarantee but its harder for the NDA-breaker to claim ignorance, plead forgiveness, etc. So, if a case goes to court and even if the company is awarded a minimum damage award the person who broke the NDA has probably spent a lot of time and money involved in the suit. That cost can add up to be more serious than any damage award the company might get.


Is it likely that a person is going to get sued by a company for breaking an NDA? Depends on a host of factors which for obvious reasons, I won't go into here.

Do I know what I am talking about? I think so. As both a ex-lawyer and someone who has been hip-deep in this stuff for a while, I have a pretty good idea of what I am talking about.

Now, in reality, does this mean that every NDA-breaker is going to get sued by every NDA-holder? Of course not. But, if a company wanted to sue an individual who broke an NDA, that individual would be forced to spend time and money defending himself. And since the person would be a defendant, and not a plaintiff in the case, it would be almost impossible to get an attorney to represent that person on what is known as a "contingent fee" basis in which the lawyer eschews payment from the client in exchange for a piece of the damages or some other free representation. Not impossible mind you but not easy either. That means unless that person can find someone else to represent him for free (or the person is a lawyer himself) that at a minimum that person will have to spend a significant amount of time and money.

So, that's my opinion. It's not legal advice, a threat or anything else but anyone who thinks that NDA-breaking is something that can never come with a penalty for the NDA-breaker, I wouldn't count on it. And just because you, me or anyone else might not have seen an NDA-breaker being pursued is not relevant. Just because you haven't seen it doesn't mean it hasn't happened and I know for a fact that NDA-breakers have been pursued outside of the game world.

Oh, and I'm not talking about journalists, recipients of NDA-breaking information, how different jurisdictions treat NDAs, etc. I am simply confining my comments to those who sign and then break an NDA. I am also not talking about, even in a roundabout way, the chances of winning, possible defenses (age, etc.) or anything like that. The question of "Does NDA breaking have legal consequences" is a clear yes most of the time. But again, there is a big difference between possible legal consequences and outcomes.

For me, this subject is simple for me. The person who signed the NDA promised not to speak about anything they saw in exchange for special access to information/product/etc. By posting any information about what they saw, they are breaking that promise and that agreement. We can argue forever whether an NDA is necessary, good, helpful, the free flow of information, breaking an NDA to right a true wrong, etc. but the bottom line is simple, the person made a binding promise and then broke it. When companies make binding promises and break them, the Internet lights up, railing against the injustice of the company, how evil it was, how dare it break a promise to the person! Why is this any different, especially when we are talking about NDA for a game in development?
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#16 Dec 22 2009 at 2:06 PM Rating: Good
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Removed the wall of text for aesthetic purposes but left the link. This is a great explanation of NDAs and possible outcomes. The guy definitely knows what he is talking about, so take note everyone.
#17 Dec 22 2009 at 2:51 PM Rating: Good
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well first off ill prolly be too **** busy playing to say anything about the game to anyone, let alone posting it.

Second, people have broke NDA before and nothing beyond maybe being taken out of the beta has ever happened. Prove it if you say nay.

Third, Yes it IS a contract of sorts... but when you get into talking about lawsuits and other "law" words being thrown around you have to remember, you are innocent until proven guilty by your accuser. So they would have to PROVE it was YOU who "signed" the NDA, YOU who agreed to so and so, and a myriad of other things.

Long story short...It would not be worth their time or money no matter what to go after joe-blow for breaking NDA.

Moral of the story, don't be a moron. Play it, test it, help out and have a good time. Dont post about it because, its not done yet... posting about it would be like talking about a car that is only half built and it does not drive right yet.

goodluck to everyone trying to get in.
#18 Dec 22 2009 at 3:30 PM Rating: Decent
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Well, if I get into the beta, I intend on keeping a journal to be released after the expiry of the NDA, unless theirs is a "keep it secret FOREVA" type.

And as for proving you signed it, if they can track the IP address back to your ISP account, and you signed up for it, you've accepted the NDA (there's even a check box on it stipulating that you agree). I'll admit, I didn't read the entire thing, and figured it's the standard NDA (No posting/talking about it in public forums, no leaking info via phone/email/IM) and that it normally expires after the Closed Beta is completed, and the public one opened.
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#19 Dec 22 2009 at 3:37 PM Rating: Decent
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Pawkeshup Delivers on Time wrote:
Well, if I get into the beta, I intend on keeping a journal to be released after the expiry of the NDA, unless theirs is a "keep it secret FOREVA" type.


Weren't you one of the people that said they weren't playing FFXIV? I guess you changed your mind.
#20 Dec 22 2009 at 6:26 PM Rating: Decent
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no you are missing the point. When you start babbling about "laws" and things you can be held accountable for, you need to actually have some education and not just play one on t.v.

They have to prove YOU (as in you personally) clicked that button and accepted. Then they have to prove YOU are the one who broke the NDA.

Long and short...they will kick you from beta, that will be the beginning and the end of any punishment for breaking NDA. SE will not waste time and money on pursuing any crap.
#21 Dec 22 2009 at 8:47 PM Rating: Good
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So when the beta releases We'll still have nothing to talk about on here b/c Zam mods will be deleting everything... am I right?

-.- Crappp....
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#22 Dec 22 2009 at 9:17 PM Rating: Decent
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we can talk about anything officially shown... and we can talk ingame about it all/make a vent server or something~ :)
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#23 Dec 22 2009 at 9:23 PM Rating: Excellent
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alla just doesn't want you to break the NDA here on the forums, because they don't want to deal with the hassles it will bring from SE.

Basically, if you -must- tell someone, keep it off this forum/site.
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#24 Dec 22 2009 at 10:48 PM Rating: Default
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why would you come here to post anything? Every beta ive ever been in there was forums from the company specifically for us to discuss the problems we have been having. Ones that only other beta testers and members of SE can get into.
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