Darkfall

OP is full of lies.

Everyone knows they use Tigers in the pit

(seriously though if you could get a copy of the NDA that would be impressive and very welcomed)

Originally posted by 0muffins0

Originally posted by VPellen

Hrm, you know, in retrospect Zorvan, you're right. The word of a CM is nice, but it's not a legal document. If I were in a position of power I'd be tempted to say "Fuck it, good enough", but I'm not in a position of power, and as a user, the idea of rules being enforced without a solid basis bugs the crap out of me.

I'm going to see if I can't get a hold of a copy of the NDA. I'll post it here when and if I get my hands on it.

 

Would I be correct in saying that an NDA, as a legal contract between developer and beta tester, only applies to those who have agreed to sign up to the NDA?

 

I mean, if a beta tester PMs me with beta info when he has signed up to the NDA then he has broken the NDA, while if I were to divildge that info given to me I would not be breaking the NDA since as a non-beta tester I have not signed up to the NDA.

 

The only thing I can think of is that if you were dumb enough to admit you were aware that there was an NDA then maybe they could get you under some kind of industrial espionage law. But that is pretty far-fetched.

Originally posted by dterry

I would also point out that if you did not sign an NDA or in some other way agree to the terms of an NDA then you are not bound by it. So if someone in the bETA were to tell you something about the game and you posted it... they would be in trouble and not you. The only thing they might try to get you for would be using their intellectual property without their permission and I think that would hinge on if you did something like release video or screenshots from the Beta.

Technically our rules don't actually state that you're not allowed to post information while under the NDA, our rules state that you're not allowed to post information which is covered by the NDA. Technically when you get warned for an NDA violation, you're not getting warned for breaking the NDA, you're getting warned for disclosing information which the NDA covers.

Originally posted by VPellen

Originally posted by dterry

I would also point out that if you did not sign an NDA or in some other way agree to the terms of an NDA then you are not bound by it. So if someone in the bETA were to tell you something about the game and you posted it... they would be in trouble and not you. The only thing they might try to get you for would be using their intellectual property without their permission and I think that would hinge on if you did something like release video or screenshots from the Beta.

 

Technically our rules don't actually state that you're not allowed to post information while under the NDA, our rules state that you're not allowed to post information which is covered by the NDA. Technically when you get warned for an NDA violation, you're not getting warned for breaking the NDA, you're getting warned for disclosing information which the NDA covers.

I was Naval Intel and understand NDA's very well. You have to agree to an NDA to be subject to it. Like I said, maybe they could try to go after you for infringing on their intellectual property (but I think they have to prove you profitted from it) - it is more likely they would try to go after who ever leaked the information to you and then ban you from playing their game. They can always refuse you service.

Originally posted by dterry

I was Naval Intel and understand NDA's very well. You have to agree to an NDA to be subject to it. Like I said, maybe they could try to go after you for infringing on their intellectual property (but I think they have to prove you profitted from it) - it is more likely they would try to go after who ever leaked the information to you and then ban you from playing their game. They can always refuse you service.

What the Darkfall guys decide to do about NDA violators is their business. I'm just talking about the MMORPG.com side of things.

Basically, MMORPG.com supports both the spirit as well as the letter of game developers NDA's.

Originally posted by VPellen

Originally posted by dterry

I was Naval Intel and understand NDA's very well. You have to agree to an NDA to be subject to it. Like I said, maybe they could try to go after you for infringing on their intellectual property (but I think they have to prove you profitted from it) - it is more likely they would try to go after who ever leaked the information to you and then ban you from playing their game. They can always refuse you service.

 

What the Darkfall guys decide to do about NDA violators is their business. I'm just talking about the MMORPG.com side of things.

Sorry if I sounded argumentative there, it's not my intent. You are correct in that any NDA covers access to a given set of information.  But the simple fact is that if you have never agreed to an NDA then you cannot be prosecuted for violating it. What I think you would be looking at (in this specific case) is being prosecuted under Industrial Espionage or Trademark Infringement law. BUt I believe in both situations they would have to prove that you either profitted by the information or that you used/acquired it with malicious intent to their property.

If I remember right, when I created my account here I had to agree to MMORPG.coms' NDA and so I am held accountable to it.

Am I making sense, lol?

Originally posted by Jadedfire

Originally posted by VPellen

A friendly reminder about Darkfall's Beta NDA: If you are in the beta, telling other people you are in the beta is an NDA violation. If you say you're in beta, expect to get warned and expect your post to get deleted.

In addition, exposing information available only to beta testers (the "My-Friend-Is-In-Beta-So-I'm-Not-Breaking-The-NDA" defense) is also going to get you a warning, because you are not allowed to disclose things that are covered by the NDA, even if you are not the one in the beta.

There, now wasn't that little bit of reading worth it to avoid getting dropped into a pit of lions?

 

So with that being said, can you delete the threads that are created to demand evidence and proof of beta testing and reprimand those trying to encourage to break that violation? I am not going to mention any names in particular, but I do see qutie a few in the Darkfall threads frequently always spamming about how "there is no beta at all", "it is all a fake",  and "if there is give us evidence and proof" etc. Will the following posts be deleted as well?

Well either way, thank you for the information VPellen. I just hope what you said here will shut some people up and hopefully they will think twice before whining about proof or evidence of Darkfall's beta. It really gets annoying to hear them complain over and over again. 

It's all fake.
 

There, now they can delete this one too .