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Discussion in 'WildStar Classes & Paths' started by Vossler, Jul 11, 2013.

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  1. Mellkor

    Mellkor Well-Known Cupcake

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    I'm taking that your are a "legal professional" at face value now.

    The reason i say that people who have not taken an nda agreement in breach is because of a very persuasive argument from a so called "lawyers" blog.

    The argument claims (i'm going to have to paraphrase)

    "That by signing an NDA agreement you are given the rights to view and use the information as set out by the contract. If you have not signed an NDA agreement you have no Legal right to view or use the information protected by an NDA."

    Now, I'm not a lawyer, But it seems pretty reasonable that a lawyer could ague that in court.
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  2. Isarii

    Isarii Cupcake

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    An interesting (and also ridiculous) position, but I can definitely see how it would confuse a layperson.

    An important distinction to make here is that NDAs are civil law, and unrelated to criminal law. Because of this, it can't just be said that you can't do something without the company also providing you with something in return. While a criminal law can just be imposed (it's illegal to kill someone - period), both sides of a contract must be contributing something in exchange for something else; in the case of betas, you get access, and the company gets your silence.

    Let's take your source's opinion to an extreme. In this situation, you could just declare information under NDA at your leisure, and hold people to agreements they never signed because you said so. This is, of course, absurd and not in compliance with any established law.
  3. Mellkor

    Mellkor Well-Known Cupcake

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    I guess this is what lawyers do tho, Argue this stuff :) The source at the time was auguring SWTOR's NDA.

    Sir, I present to you this scenario:

    "A tester for a popular, but unreleased Game has leaked some information and footage to a friend. This said friend has now posted on 30 of the most popular media sites.

    The initial reaction from the public has been very negative and the company legal seeks to receive compensation because the current PR has the potential to cost the company millions in potential revenue."

    Now it seems 2 things could happen here:
    1. The company will go after them both.
    2. The company will go after the leaker.
    seems to me this system is flawed if the person posting the information is exempt from repercussions...

    Seems this guy gets both the information, and freedom of speech without signing an nda. Which completely makes an nda redundant.
  4. Isarii

    Isarii Cupcake

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    Well now you're talking about them seeking damages, which is completely than breach of contract, which is what an NDA break is. They would, of course, have to prove that the person had misrepresented the game, which would not be the case with a true leak. Let's also remember that gaming companies almost never take anyone to court over an NDA leak, and if they do, it's to make an example of them. They're meant as deterrents, not punitive measures.

    The thing in your example though is - yes, the guy is immune to the repercussions. And why would he not be? He never did anything wrong. He agreed to nothing. Again - you can't just declare something a secret and then go after random people for talking about it.
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  5. Grim Fandango

    Grim Fandango Well-Known Cupcake

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    You really think there are laws that restrict you from viewing things in that context? Seriously?

    In that case, as the writer of this post, I've decided that no one is allowed to view anything I've written in this post. Uhoh, you just broke the law! Police, seize this criminal at once!

    Do you really not see how absurd that is?

    Note that a lawyer (or anyone else, really) can write and say just about anything they want. They can even work it into a contract, stupid as that is. Hell, they can even sue to their heart's content. But it doesn't actually make it true let alone legal. The only people at fault for NDA leaks are the ones who have signed the NDA contract. Absolutely no one else is, and certainly not people stumbling upon (or even searching for) the information, or even repeating/reposting it (as in your example). No one -- absolutely no one -- else is required to keep that information private. To think otherwise is pretty much the definition of silly...
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  6. Mellkor

    Mellkor Well-Known Cupcake

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    I've herd of more absurd things with that legal system.
  7. Isarii

    Isarii Cupcake

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    This is only slightly related, but after talking about the law, I've noticed that my avatar looks a whole lot like the guy in that Ace Attorney game.
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  8. Myrrdhinn

    Myrrdhinn Well-Known Cupcake

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    <Moderator growl> I was "out of town" for the weekend, so I couldn't read this thread until now.

    I have to say, I'm really stunned.

    Besides the NDA is a legal contract, there is something called "ethic" and "trust". We (WSC), are not deleting the leaks because you can't read them without punishment. We are doing this because we have a respect towards Carbine and they are trusting us, the community and the site. That's why they hang out here, and that's why they're so cool with conversations, and community events. We understand that leaks hurting their reveal schedules and surprises, so we are trying to do the devs a favor and remove the harmful materials as soon as possible. It's not because we don't want you to see the cool stuff.. We want you to see the cool stuff in an even cooler presentation, and mindblowing form.

    I'll lock this thread down. For one thing, there is an official two final class speculation thread. </Moderator growl>
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