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Reader Comments (25)

Posted: Mar 13th 2010 7:38PM Laephis said

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NDAs are an unenforceable joke. "Beta testing" these days is nothing more than a glorified public preview. If a company is legitimately concerned about confidential material leaking to the Internet, they need to hire proper QA employees and do their testing internally. Folks, this isn't a privilege being granted from some benevolent corporation: you are either working for them for free or participating in a marketing campaign. As such, the NDA isn't worth the paper its printed on.

Posted: Mar 13th 2010 8:30PM (Unverified) said

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I have an entire post up about the StarCraft 2 beta not having an NDA. Feel free to check it out at

http://agreenmushroom.blogspot.com/2010/03/starcraft-2-nda.html

Basically, I think the way that Blizzard is doing their beta is much better for the community, PR, and helps hype the game. They basically have the gaming community doing the work of their marketing department for free. I can't believe more games don't follow this path.

Then again, most games aren't as polished as a Blizzard game when they hit beta. Maybe other companies need to look into that as well.

Posted: Mar 14th 2010 5:59AM Graill440 said

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All the comments that "your not a lawyer" aside (i'm not, but i do know one or two), an NDA that is not signed in person by a witness is meaningless. The problem is that no one can prove it was you that clicked a button, not that it matters. The sticky mess? Intent to commit fraud goes both ways (grin).

The planet sized loophole, as it was explained to me is to simply feed information to someone else and have them post or release the info or pics, either way its a lost cause for the NDA.

The game companies or whomever is foolish enough to have you agree to an NDA over the internet is simply betting you wont say anything and instill fear, word of mouth kills games as you know.

When you sign a printed contract in front of a company witness and both you and they have copies, along with your written signature, and you spill the beans, then you can worry. Of course at that point you should be getting some payment.

Educate yourselves, ask questions, and above all..........have fun out there.

Posted: Mar 14th 2010 12:43PM DarthCheese said

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Sure, you probably won't get sued for posting a couple screenies or videos... then again they also don't need a printed signed copy or w/e to ban you from their beta.

If you're an attention whore and a few days of attention you'd get after breaking the NDA is worth losing your beta account... by all means, go for it! :D


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Posted: Mar 14th 2010 7:31AM (Unverified) said

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click-agreements and click-EULAs have been upheld in courts before (such as in ProCD v. Zeidenberg).

However a company would very unlikely to sue you for breaking an NDA. It would much easier to file for copyright infringement - much less murky legal territory there. There are even some industry precedents; MDY v. Blizzard and the bnetd injunction.

Or just do what Blizzard did to WoWWiki and issue DMCA takedowns on all the content they had posted about the Burning Crusade before it was released.

Of course outside of the US most (if not all) of that is irrelevant.

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