On today’s episode of “This shouldn’t be legal”…

Source: https://twitter.com/A_Seagull/status/1789468582281400792

@[email protected]
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11Y

It’s one of the reasons that nobody says anything bad about the product that their sponsor provided to them. Either that or people don’t want to ruin their relationship with their sponsors so they will talk highly of a product even if it isn’t good.

@[email protected]
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21Y

I was in his stream when people sent him the contract they signed just to get the key. Wild. The game is janky looking as fuck so they definitely know how bad it is.

@[email protected]
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-91Y

Aww, the Devs feelings might get hurt

@[email protected]
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111Y

The developers of the game had zero input on this. They’re developers; this is a contract which would be written by lawyers, directed by management. The same management who force crunch on the devs you want to blame. Learn to recognise the enemy, please and thanks.

@[email protected]
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-51Y

Management is part of the development team… Developers doesn’t just mean programmers.

A director of a project is still management, but also a developer.

@[email protected]
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31Y

Nah, this is a pathetic attempt to get free ads from games journalists without any downsides

@[email protected]
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31Y

Hmm… A perfectly neutral review with a share of the wording from the contract is nothing but factual, and I believe could be argued to be non disparaging?

@[email protected]
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21Y

No, disparaging is disparaging, even if it’s warranted. But, if I were a small streamer who got a key, I would just repeat the non-disparagement clause any time I saw something obviously broken.

They can stop me saying anything negative but that doesn’t cover body language (they might try to sue but they wouldn’t ever be able to prove it to the degree required unless I had posted something like this explanation, and even then it’s dicey), and I don’t see anything in there about a minimum number of positive sentences of words to hit. God help these chucklefucks if they ever run into a Djinni or a cursed monkey’s paw.

@[email protected]
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131Y

This is being blown out of proportion. These sorts of terms are pretty standard for a closed playtest, as it doesn’t represent the final product and the developers don’t want reviews to be published criticising things that will likely be fixed for the release version.

JackbyDev
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21Y

So long as this is only about the pre release and not about the game at all stages. Review embargoes are somewhat normal prior to launch.

mechoman444
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141Y

That contract has absolutely no legal bearing in any way shape or form.

Let them go to court over this, get thrown out and counter sued.

@[email protected]
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81Y

It’s not a legal thing. Is the message. “I’m not giving you any more access in the future because you broke our agreement.”

@[email protected]
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161Y

As stupid as it is, it doesn’t stop a creator from simply demonstrating issues, without commentary. Just show people the issues and don’t remark on them.

That being said, nobody should sign this. Trying to forbid people from making satirical remarks? What the crap?

@[email protected]
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41Y

Do that while explaining how that contract clause works!

mechoman444
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21Y

They literally can’t do that. Satire is a protected right under the first amendment. Anyone can make public satirical remarks regardless of signing that contract.

@[email protected]
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41Y

You are aware that first amendment protects speech from government actions/bodies only. It’s not something you can use against a private business (there are other laws for discrimination.)

mechoman444
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11Y

The point of the contract is that if one is in breach the company can sue for damages and potentially remove the offending media.

The suing process would be through a legal body such as a court system, in this case federal court since the media is on the Internet, therefore the contract doesn’t hold any legal binding. No federal court would uphold a contract that violates the first amendment.

Contracts adhere to laws and rules just like any other legal document. You can’t just put whatever you want into a contract and have it be binding.

@[email protected]
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11Y

federal court

lmao

@[email protected]
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11Y

Sure, but that term does not violate the first amendment since the government didn’t stop you from saying it, so would hold up. You might be able to get it thrown out due to something else, you would need a lawyer for that.

That contract will have penalties for violations, and those are what you would be subject to if in violation.

mechoman444
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11Y

That’s not how that works. The contract is in and of itself a violation of the first amendment. Therefore it has no legal binding. They wouldn’t be able to remove the offending media from any platform or sue for damages if someone breached the contract.

If there are internal ramifications due to a breach of contract that’s something that could be handled internally, such as the content creator not being offered any review materials in the future. But a contract wouldn’t be necessary for that either way.

Moreover, specifically for satire, there are whole acts in the law advocating for it. There is absolutely nothing, no clause or agreement that would ever prohibit someone from publicly satiring any given entity. Regardless of any contract.

@[email protected]
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501Y

It says not to leave “subjective bad reviews”. As in, objectively bad is fine.

I Cast Fist
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141Y

Not being able to make satirical comments about any game-related material would mean nobody could say something like, “Controlling Iron Man feels like fighting Jarvis for control of the suit”, or “Storm is as effective as a light breeze”

@[email protected]
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41Y

Care to clarify what is objectively bad? Like, an example

@[email protected]
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41Y

In the context of a game, let’s say a clearly outdated graphics engine that everyone can agree on looks very dated. Or game-stopping bugs. Constant crashes. Etc.

@[email protected]
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-31Y

deleted by creator

Graphics aren’t the same as aesthetics.

The graphics can be objectively bad in so far as the technology used may be out dated, less sophisticated, or slower than other implementations.

Aesthetics (how everything looks) are subjective.

@[email protected]
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31Y

Game kills all life on earth when starting

Konraddo
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61Y

My understanding is that Digital Foundry type of performance review is fine, but comments on how the control feels laggy or the game is a lower-tier copycat of Overwatch are not okay.

It also says you can’t compare it to other games “maliciously.” What the fuck does that even mean?

“Marvel Rivals is just as bad as Cyberpunk 2077 at launch.”

???

@[email protected]
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121Y

We just have a give a positive spin

“The game is really good at sucking”

“This game would definitely win an honorary award for ‘Games I don’t Care About’”

“This Christmas I would gift the game to all my cousins whom I hate”

@[email protected]
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31Y

Good whom.

@[email protected]
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31Y

It’s going to be relentlessly compared to OverWatch. It’s basically an OverWatch clone with Marvel characters.

Oh my bad.

“It’s just as bad as OverWatch 2.”

g0d0fm15ch13f
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91Y

Ok regardless of whether or not you should be able to. Why the fuck would you? Wouldn’t it be in your ultimate best interest to recieve negative feedback early? So that it could be addressed?

@[email protected]
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21Y

I wager they are angling for the negative feedback to be private.

@[email protected]
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13
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1Y

i feel bad for the developers who worked on it because from what i played so far it looks like a surprising amount of love and care was put into the game. they didn’t need something like this at all to get generally favorable first impressions. shameful display from the suits who are always ready to ruin everything.

AngryMob
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121Y

Blink twice if you signed the contract…

@[email protected]
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3
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1Y

seriously, i was expecting a complete farce of a game considering it’s fucking NetEase but i was pleasantly surprised. the visuals, lighting and shaders, the particle effects, the UI, everything is so thoughtfully made and in line with the theme. even the alternate skins have “inspired by this comic issue” note attached.

AngryMob
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31Y

Sounds pretty good. Personally i have no interest in Marvel stuff so its not up my alley, but i always like it when a fanbase gets something they enjoy. Have fun!

@[email protected]
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121Y

Not bootlicking, just reading the letter of the law. I read this more as “don’t be a total dick about it” so I’d love to hear a contract attorney’s take on this.

Echo Dot
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141Y

The content creator agrees not to make public comments that are detrimental to the reputation of the game

Sounds pretty clear-cut, if you say anything bad about the game regardless of if it’s true or not then you’re in violation of this contract. That’s ridiculous.

They’re are actually saying you can’t criticize the game. Now, you tell me who is the arbiter of what is and isn’t “criticism”, because it never says constructive criticism isn’t criticism so presumably is also not allowed.

@[email protected]
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201Y

I sort of saw it that way, but the last bit about “subjective negative reviews” seems unusual even for contracts.

There’s enough lazy rage bait “Turns out X is DOGSHIT?!?” videos out there that I don’t think it’s unreasonable to put some terms in expecting some professional effort. But disallowing even polite criticisms definitely seems too far.

@[email protected]
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81Y

The opinion of what is and isnt “subjective” is up for a lot of debate even if you dont personally have a major stake in a videogame’s marketing campaign (such as the authors and enforcers of these contracts).

@[email protected]
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51Y

??? There’s nothing in this wording that implies anything more than “don’t negatively review us”

@[email protected]
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31Y

There’s nothing in this wording that implies anything more than “don’t negatively review us”

It’s says subjective negative reviews. it seems if you say “It kept crashing” or “this feature wasn’t working” or “this feature was super bugged” those aren’t subjective.

@[email protected]
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-21Y

All reviews are subjective by definition. Your examples are observations, not reviews. A review is my opinion of the product based on my experience. Like honestly, if you ever wrote a review about anything on Steam, or IMDB, or GoodReads or whatever, go find it and remove everything that’s subjective and see what you’ll end up with. Not like you’d be able to post it, because they require you give a score, which is inherently subjective.

@[email protected]
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-11Y

There’s nothing in the definition of review that requires it to be subjective. It’s shocking that you didn’t even stop to look it up to first figure out if this is accurate.

@[email protected]
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11Y

I did and it does. For example the Merriam-Webster English Dictionary defines review as:

a critical evaluation

Whereas evaluation is defined as:

determination of the value, nature, character, or quality of something or someone

It’s subtle, but it’s in there. The examples you gave don’t fall under this definition, as they don’t determine anything, they’re just statements of facts. However the statement “this game is shit” is a determination of quality and thus a review. If you just stop for a moment and think about it, you’ll realise that it is impossible to determine the quality of a video game in a purely objective way.

@[email protected]
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01Y

you’ll realise that it is impossible to determine the quality of a video game in a purely objective way.

The only subtle thing here is the subtle change in your wording from simple “review” to “determine the quality.” I agree with you there, as whether you think something is good or bad is subjective.

But it appears you realize Im right, which is why you’re trying to reframe it. Why is it hard for you to admit you were wrong? It’s okay, no one is perfect.

@[email protected]
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11Y

I literally gave you a definition that says a review means to determine quality, I just assumed you would make the connection between that definition and the sentence you quoted, but apparently you’re too dense for that. The only error I made in this conversation is assuming that your reading comprehension is above that of a 3rd grader

🍜 (she/her)
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1Y

Iron Man is shooting green lasers? wtf?

Edit: After watching the gameplay video, I can say it’s a similar game to Paladins by Hi-Rez studios. The only thing is that Paladins has EAC and makes it unplayable on my OS.

@[email protected]
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51Y

No satire either??

So you can say nothing but praises for the game, but if they detect sarcasm, you’re STILL getting sued?

@[email protected]
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1Y

It must be a REALLY good game. Only the best games that were already going to get high reviews would ever resort to such a policy

@[email protected]
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531Y

My first thought is: This is probably a shitty game because if it was good, they wouldn’t be worried.

Echo Dot
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1Y

They are probably concerned because management has decided that the game should be shown off even though it’s probably not ready. This is that kind of clouged together solution.

As per usual it just seems to have blown up in their gormless faces.

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