The problem is that unless the agreement explicitly states that the non-disparagment section applies only to the test playtest, the agreement would essentially place a gag order on that creator for the life of the game.
What makes you think that? The language is fairly boiler plate and easily enforceable. We, “the company”, give you, “the creator”, an asset, “a free game copy”, under the condition that you promise not to do or say anything that could diminish the value of the asset. Not only is it enforceable, it leaves room for compensatory damages if you are found in breach of contract.
I haven’t read the entire agreement, so I don’t really know nor do I care to. But I suspect that it would squarely fall under protected speech once the game has gone public and they’ve “purchased” it.
Early access to a game is not an asset you can “un-receive” just because you purchase your own copy later. Of course, you could make arguments against the terms being overreaching in court, but not many creators have the resources or desire for a legal fight.
Other creators chimed in and said that they brought up the section in Discord and legal said they’d look into it. To me, this just seems as lazy copy and paste that they were warned about but did nothing about. Now they have a possible PR disaster on their hands unless they take swift action.
PS: Apparently section 2.6 is way worse but it hasn’t been shared yet.
Of course, you could make arguments against the terms being overreaching in court, but not many creators have the resources or desire for a legal fight.
I see. That’s not what “unenforceable” means. Unenforceable refers to a contractual responsibility that a court would never enforce. There are many reasons why a court would chosen to not enforce a contract but none of them are because a defendant doesn’t have the means to combat it.
Your linked to an article literally starts by asking “What kinds of contracts might not hold up in court?” and then goes on to explain this as one of these as “For example, a court will never enforce a contract promoting something already against state or federal law.” Basically proving my point.
And I’m universally downvoted, and you’re universally upvoted. Lemmy users crack me up.
Just like truth in advertising laws exist, some restrictions are rightly placed on free speech in the interest of consumer protection. Imo this case clearly should fall under similar consideration.
The problem is that unless the agreement explicitly states that the non-disparagment section applies only to the test playtest, the agreement would essentially place a gag order on that creator for the life of the game.
Sure I agree that would be wrong. But I also think that would be unenforceable.
What makes you think that? The language is fairly boiler plate and easily enforceable. We, “the company”, give you, “the creator”, an asset, “a free game copy”, under the condition that you promise not to do or say anything that could diminish the value of the asset. Not only is it enforceable, it leaves room for compensatory damages if you are found in breach of contract.
I haven’t read the entire agreement, so I don’t really know nor do I care to. But I suspect that it would squarely fall under protected speech once the game has gone public and they’ve “purchased” it.
Early access to a game is not an asset you can “un-receive” just because you purchase your own copy later. Of course, you could make arguments against the terms being overreaching in court, but not many creators have the resources or desire for a legal fight.
Other creators chimed in and said that they brought up the section in Discord and legal said they’d look into it. To me, this just seems as lazy copy and paste that they were warned about but did nothing about. Now they have a possible PR disaster on their hands unless they take swift action.
PS: Apparently section 2.6 is way worse but it hasn’t been shared yet.
This is what I mean by unenforceable.
I see. That’s not what “unenforceable” means. Unenforceable refers to a contractual responsibility that a court would never enforce. There are many reasons why a court would chosen to not enforce a contract but none of them are because a defendant doesn’t have the means to combat it.
See: https://www.nolo.com/legal-encyclopedia/unenforceable-contracts-tips-33079.html
Your linked to an article literally starts by asking “What kinds of contracts might not hold up in court?” and then goes on to explain this as one of these as “For example, a court will never enforce a contract promoting something already against state or federal law.” Basically proving my point.
And I’m universally downvoted, and you’re universally upvoted. Lemmy users crack me up.
What exactly do you mean by “protected speech”?
Protected by the law.
Which law?
I ask, because many times people point to the first amendment for things like this, but that doesn’t apply here.
The CRFA.
Just like truth in advertising laws exist, some restrictions are rightly placed on free speech in the interest of consumer protection. Imo this case clearly should fall under similar consideration.