non-disclosure agreement
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California judge says Google's non-disclosure agreements violate state law
A judge has ruled Google's non-disclosure agreements violate California labor law, potentially letting former workers talk about their experiences.
The Daily Grind: Are MMO beta NDAs counterproductive?
In the last month, Massively staffers (and no doubt some of you readers!) have taken part in several high-profile beta tests, and they all seem to fall into one of two categories: those that guard their games behind NDAs thick enough to protect all the gold in Fort Knox, and those that just don't seem to care. And I've gotta say, when my screenshots come out with watermarks plastered all over them, obscuring what I'm looking at and preventing NDA-breakers from ripping videos, nowadays my gut reaction is not wow, what a well-organized beta but dude, what are they trying to hide? Diablo III's upcoming expansion, by contrast, slipped into closed beta with a wink and a shrug and nary an NDA in sight. Talk about us, Blizzard seemed to say. Screencap us. We're gorgeous. We're ready. But upcoming major MMORPGs give off a terrified vibe, even when they have nothing to be worried about. NDA violators will break their agreements anyway, and the studio relinquishes the control it seeks to retain to exactly the malicious testers it hoped to squelch. What do you think -- are MMO beta NDAs counterproductive? Every morning, the Massively bloggers probe the minds of their readers with deep, thought-provoking questions about that most serious of topics: massively online gaming. We crave your opinions, so grab your caffeinated beverage of choice and chime in on today's Daily Grind!
Hyperspace Beacon: Four myths behind the SWTOR Galactic Starfighter NDA
You want to know how to get viewers to your livestream and get yourself banned by BioWare all in one stroke? Film the beta for Star Wars: The Old Republic Galactic Starfighter! However, like the many who have leaked information about upcoming games, I have wondered why there is an NDA on these things in the first place. What is lost by companies allowing players to stream or talk about closed beta tests, and what is gained by company by keeping some things under wraps? In the video games industry, like many industries on the cusp of technology and innovation, competition is high, as are the stakes. And developers like BioWare want to keep its latest creations like the next expansion for SWTOR under tight control to supposedly prevent the competition from stealing its secrets and creating a game just like it. I'm not so sure that makes a lot of sense. In fact, I've found that most of the reasons behind a beta NDA don't hold true when it comes to the next expansion for SWTOR. Here are the top four myths that I hear from those who support an NDA.
The Daily Grind: When do you break the NDA?
If you're testing an MMO, you're going to have to agree to an NDA, which is essentially a not-even-verbal contract between the tester and the company. As a tester, you agree to not talk about what you're seeing during the testing phase, and in turn the company decides to trust you enough that you can see behind the scenes and into the inner workings of the game. With most testing phases, this is broken within minutes. But not necessarily through a major leak. Many people will break the NDA in private by telling a friend what it's like in the latest Final Fantasy XIV test. Maybe you've been testing Marvel Heroes and you're not posting about it in forums, but your family members are watching you play even though they never agreed to an NDA. At the same time, some people will remain strict to the letter of the NDA until it's lifted, and some others will ignore the whole thing and post whatever they want. So what about you? When do you break the NDA and why? (Or more accurately, when would you, since obviously anything you're testing now you would never break the agreement on.) Every morning, the Massively bloggers probe the minds of their readers with deep, thought-provoking questions about that most serious of topics: massively online gaming. We crave your opinions, so grab your caffeinated beverage of choice and chime in on today's Daily Grind!
Turbine lifts LotRO's Rohan NDA, unveils Mac client
On the flip side of the news earlier that Turbine is delaying Riders of Rohan until October 15th is the word that the studio has dropped the NDA for LotRO's fourth expansion. Community Manager Rick Heaton announced the lift on the forums: "Today we have officially released Riders of Rohan beta testers from their NDA. Beta testing will continue as we move towards our new release date of October 15th. In the meantime, those beta testers who wish to share their thoughts and experiences thus far with the general community are encouraged to do so here." With the NDA lift comes news that Turbine has been secretly working on a native OSX client for Mac players. It remains to be seen whether or not this client will be available with Riders of Rohan's launch.
EverQuest II drops Age of Discovery's NDA
Here's the invisible key: You can unlock and unzip your lips to finally talk freely about the next EverQuest II expansion, Age of Discovery. Sony Online Entertainment has released us from our pinky swear promising to keep mum on the project, and now everyone is free to share their experiences. There are a couple exceptions to the NDA dropping, however. Testers still may not share anything that's being posted in the beta forums, and no screenshots taken during the testing period may be made public. Age of Discovery is launching on December 6th. and includes many new features to the game, including the Beastlord class, the Freeport revamp, and the dungeon maker tool. Oh, and there's also a small matter of the entire game going free-to-play, but you knew that already. Because you didn't zip your ears closed.
The Soapbox: The absurdity of the NDA
Disclaimer: The Soapbox column is entirely the opinion of this week's writer and does not necessarily reflect the views of Massively as a whole. If you're afraid of opinions other than your own, you might want to skip this column. So Star Wars: The Old Republic's NDA dropped. Now the entire world (officially) knows the skinny on BioWare's new themepark, and I'm hard-pressed to think of a more anti-climactic NDA death. Even if you weren't following the game over the past few months, you knew exactly what to expect -- provided you weren't a Star Wars or a BioWare virgin. This complete lack of surprise is one reason why the whole MMORPG NDA thing is a joke, and TOR is just the latest in a long series of punchlines.
SWTOR lifts NDA and reveals Legacy system, new flashpoint, art book
Do you hear that? That's the sound of a million voices who were silenced suddenly freed to share their experiences with Star Wars: The Old Republic. That's because BioWare has officially lifted the non-disclosure agreement (NDA) allowing testers to talk about the game. BioWare VP Greg Zeschuk posted the announcement just minutes ago on the forums: As of now, the non-disclosure portion of our Game Testing Agreement is officially lifted. While all players must still accept the Game Testing Agreement, from this point on testers may now freely talk about their experiences this past weekend in the game, as well as post screenshots and gameplay videos of their testing experiences. We encourage you to come join us on the official Star Wars™: The Old Republic™ Forums to share your experiences! The Star Wars: The Old Republic community site will have a copy of this message on the forums and it will also appear in the Patcher. Players may not talk about nor reprint posts from our testing forums as they are still fully covered by the confidentiality portions of our Game Testing Agreement. And all players who want to participate in the upcoming Beta Test Weekends still have to accept all terms of the Game Testing Agreement. So, other than that, free feel to talk about and share your experiences in Star Wars: The Old Republic. If all that wasn't exciting enough, the dev team also released articles covering the flashpoint Bringing Down the Hammer, the book, The Art and Making of The Old Republic, and the Legacy system, which allows for a family last name shared across characters.
The Road to Mordor: NDA drop
With last week's NDA drop, the last vestiges of secrecy surrounding this expansion were wiped away and the beta testers (including yours truly) were free to spill the Dwarven beans about Lord of the Rings Online's third expansion. I know I was pretty critical of Rise of Isengard's scope in last week's Road to Mordor, but I want to make it clear that I'm pretty happy with the amount of pure PvE questing content that's on display here. LotRO's quests and epic storylines have always been the meat of this MMO, and even if Rise of Isengard is being served up with few garnishes, it's still looking to be a filling meal. Today I want to check out what the community has to share about this expansion following the NDA drop, although apparently it's important to note that beta testers aren't allowed to share patch notes, videos, and excessive content. On Twitter, Sapience made it clear: "We have always held that an NDA drop is not 'open season.' It's fair game to share your experiences, opinions, and thoughts. Not endless screens, videos, copy and pasted posts/notes." So let's focus on those "experiences, opinions, and thoughts" -- what do beta testers have to say about our upcoming journey into Dunland and beyond? Hit the jump and let's find out!
RIFT beta powow with Scott Hartsman
This is, by any measure, a busy week for RIFT. Fresh off the second beta event, Trion Worlds has dropped the NDA for the game and announced a third beta to take place over the holidays. As the process speeds exponentially faster toward launch, Scott Hartsman and his team have a white-knuckled grip on RIFT for all the bumps, shimmies, dips and hills that such a high-profile title offers. Even with a heaping amount of work on its plate, the team has been willing to share its passion for RIFT with the press and community. During this slight lull between betas two and three, Hartsman sat down with us over the phone to jaw about lessons learned from the beta, why Trion has dropped the NDA, how RIFT's already made history, and when we might be seeing this game on the shelves. Hit the jump and let's do this thing. As Hartsman is fond of saying about the game, "S**t just got real."
The Daily Grind: What would you break the NDA for?
It's easy to miss amongst all of the GDC 2010 coverage and news, but Final Fantasy XIV and All Points Bulletin went into beta this week. Of course, not much new information has surfaced about either, both due to the relatively short time they've been out there and to the three letters that are the bane of any tester's existence: the NDA. Those documents are the barrier between whatever fun gameplay (or buggy, glitchy nightmares) the testers are experiencing and the eager public, and Mark Jacobs has gone so far as to say on record that the earlier the NDA drops, the more confident a company is in its game. That doesn't mean that the NDA is an ironclad protection, of course. There are always one or two testers that find something so surprising, in either direction, that they consider it worth breaking the rules and being thrown out of testing for the chance to break a story. So put yourself in their shoes. What sort of things could you uncover within a game you were testing that would inspire you to break an NDA? Would you be more likely to break it for good news, or to warn other people off from a mess of a game?
LGJ: Is the NDA still viable?
Each week Mark Methenitis contributes Law of the Game on Joystiq ("LGJ"), a column on legal issues as they relate to video games: It was about E3 time last year when I gave an overview of our old friend (or enemy) the non-disclosure agreement. After all, it's those NDAs that are responsible for keeping the surprises as surprises. This year's E3, however, was a solid demonstration of the failure of the surprises mentioned last year, with Sony bearing the brunt of the leaked information. While I don't think this is necessarily an indication of the health of the NDA concept, it is a good opportunity to showcase some of the weaknesses of the NDA.I'm willing to assume that most people have heard the term "iron-clad contract." In that regard, I have some unfortunate news: there's really no such thing. Even a perfectly drafted contract that addresses every possible contingency still requires that the parties hold up their ends of the bargain. Otherwise, you're going to have to go down an enforcement route like litigation. The idea is to make the penalties for violation of the agreement something people want to avoid to encourage compliance with the agreement, and in the game industry context, as well as much of the tech sector, certain kinds of disclosures are simply difficult to deal with.
WAR NDA (probably) ends next week, CE pre-orders to join closed beta
Mythic's Mark Jacobs wrote a post-announcement update on the Vault Network boards today. The purpose of the post was to clarify some of the details about the release date, pre-orders, and the beta test. Warhammer Online fans should definitely read the post. Most of what he said was clarification about known information, but there were a couple big reveals.Jacob hopes that the nondisclosure agreement (NDA) that prevents current WAR beta testers from publicly discussing their experiences will end next week. He noted that three issues have been preventing the team from taking that step so far, but that progress has been made and resolutions are imminent.The other big news: folks who pre-ordered the Collector's Edition of the game will soon be invited to participate in the closed beta test. This is probably only a small win for those folks, given the rumors that the open beta is a couple weeks away. Jacobs declined to confirm a date for the open beta, saying that the announcement will come when the game is 100% ready. Not committing is a wise move in light of the problems Age of Conan had in its open beta event. Did you enjoy this? Make sure to check out all of our previous Warhammer Online features, and don't miss any of our ongoing coverage as Massively goes to WAR!
Law of the Game on Joystiq: Non-Disclosure Agre3ments
Each week Mark Methenitis contributes Law of the Game on Joystiq, a column on legal issues as they relate to video games: As we wrap up our E3 2008 coverage here at Joystiq HQ, I thought it might be a good time to take a look at what makes many of E3's big surprises possible: the non-disclosure agreement. Non-disclosure agreements, or NDAs, are common not only in the gaming industry but in virtually all industries, and I've drafted my fair share of them. However, they are exceedingly prevalent in the game industry because of their application to not only game company employees but also members of the press who are given early access to titles subject to media blackouts, which are just another form of non-disclosure agreement.So, what is an NDA? At the simplest level, it's just another contract, but one that limits someone's ability to share certain information, sometimes with anyone and sometimes with certain designated people, for a set period of time. The NDA arose because companies have to share information with employees and outsiders, and those companies need to manage the risk of having that confidential information leaked to the public or to competitors. NDAs may be stand alone contracts or provisions of larger agreements, largely depending on the context in which they are needed.
WotLK Alpha NDA lifted
Nethaera posted in the beta forums that the NDA for the Wrath of the Lich King Alpha has been lifted. In response to a question asking if people could share things from the Alpha, Neth says "Feel free to discuss at will." This is great news for everyone that wants to talk about the alpha material legally. Those who've been part of the Alpha will get to post troves of information and stories that they've collected. I'm sure some of them will be going up on WoW Insider soon enough, and these will only expand as beta invites become more active.The Alpha NDA was a source of tension for a lot of people, especially those in the Alpha. Several set up or contributed to sites like DeathKnight.info and WotlkWiki.com. It was very difficult, if not impossible, for Blizzard to enforce the NDA. However they were successful in forcing WotLKWiki.com to relocate.It will be interesting to see what the repercussions of the lifted NDA end up to be. One thing is for sure though, and that's that we're starting to see new and exciting information about WotLK come out minute by minute. Stay tuned!
The neverending NDA?
Non-disclosure agreements or NDAs have traditionally been thought of as a burden that gamers have only begrudgingly borne because they want early access to a game. For a variety of reasons, developers often don't want people going around and blabbing about their new titles, either because the game is still in a very unfinished state and the comments wouldn't be generally positive, or for marketing reasons having to do with hype and release timing.So when we read one blogger suggest that a developer actually extend the NDA indefinitely post-release, at first we weren't really sure what to make of the idea. He suggests that it would give developers the leverage to eliminate game guides and third-party sources of information that really marginalize the difficulty of content by letting players gain knowledge of encounters before they've experienced them. He suggests that it would have the benefit of strengthening inter-personal bonds and information sharing within the game. While this is true, we can only imagine the explosive legal battles that would precede this sort of system. Still, it's a novel idea to think about.[Via Mythical Blog]
LotRO players, Isengard calls you!
More specifically, active players of LotRO: Shadows of Angmar are eligible to participate in testing new and revised content well in advance of any of it appearing on public servers! This is the Isengard Programme, named after the tower in which Saruman consolidated his power (yes, lore fans, I know its history goes much further back, but if I type it all out, I'll never get this post completed).The requirements for acceptance as a tester are: Must be age 18 or older Agreement to a Non-Disclosure Agreement (NDA) A solid grasp of the English language If you're one of those people who keep checking the 'Net for news of updates and new content, this position is perfect for you! If you're interested in participating, please send an e-mail to isengardeurope@codemasters.com and tell them a little bit about your LotRO experience. You should include the following in this e-mail:Name:Date of birth:Forum name:Best forum post / bug submission:Your own LOTRO experience:Here's the originating link, for you purists out there. Seats are limited, so get cracking on this ASAP![Thanks, Boltar!]
10 EverQuest: Secrets of Faydwer beta keys up for grabs
Earlier today we announced that we're giving away 15 EverQuest II: Rise of Kunark beta keys. Not to be out done, the fine people of the original EverQuest have also granted us 10 beta keys to give away from their next expansion, Secrets of Faydwer.Rules for entry are extremely complex and rigorous: just post here. That's right. All you have to do is leave a comment on this post by Saturday, November 3, 2007 at 11:59pm EST and you're entered. We'll randomly choose ten people from the list and send each of them on a one-way trip to newest expansion lands in Norrath.The only caveat is that you must already have a paid subscription to EverQuest or else the beta key will not work. And also, you will be playing under a Non-Disclosure Agreement (NDA) so no squealing to your guildmates about all the shinies that await. Of course, the NDA will probably be lifted some time early next week, so you don't have to hold back your school girl glee for long.So get to commenting so Massively can ship out these beta keys. Never know when we're going to get more coming in.EDIT: Give-away is over! E-mails have gone out! If you didn't get in, don't despair. The NDA will be lifted in a few days and the expansion will be live on Nov. 13th.
We're giving away 15 EQ2 expansion beta keys
To celebrate the launch of Massively, Sony Online Entertainment has graced us with 15 beta keys for their upcoming expansion, EverQuest II: The Rise of Kunark. Unlike those other sites giving away beta keys, we're not even going to make you work for it.That's right, no creative writing contests or screenshot submissions or badly cut machinima efforts to apply. Just post below in the comments section before Saturday, November 3, 2007 at 11:59pm. We'll choose among them randomly and send the winners a beta key with instructions on getting into Kunark.Though we are free-wheeling with the beta key love, there are two restrictions that you should know about. First, you will need to have a paid subscription to EverQuest II. The beta key doesn't work if you're not already paying for the game. Second, you will have to agree to a Non-Disclosure Agreement (NDA). This means no talking about what you see or posting screenshots until the NDA is lifted.If you wanted to try out the new Sarnak playable race before everyone else, this is your chance. What are you waiting for? Get to commenting!EDIT: Give-away is over! E-mails are all out to the winners. For those who didn't get in, keep an eye on Massively for, well, massive coverage of EQ2. First with our beta walkthrough feature. Then, when the NDA lifts.
Shadowrun Beta NDA lifted
Over the past 4 months, beta testers for Shadowrun have had to acknowledge the NDA and keep tight lipped about the goings on in the game. Today, FASA officially lifted the NDA, and testers are allowed to speak freely about their experiences in the game. FASA reminds us that the beta does not use final art, and to consult their screenshots to get an idea of how the game will look. Also, the gameplay is constantly being tweaked and balanced, including feedback from the testers themselves having a prominent effect. For example, before the patch when it was just Elves and Humans with a portion of the Tech and Magic, the shotgun was not that effective. After the patch added all the remaining tech, magic and races, FASA also changed the balance of the weapons, giving the shotgun a significant boost in power. Some think it's been given too much power and that it's effectiveness at range should be reduced. When running into FASA devs online, as they do play the beta frequently, they've said that the shotgun's current stats aren't final, though they are closer than in the initial build. Another example would be that in the beta, Humans take a smaller penalty to their available essence than any other race for the tech they equip. It's been confirmed that there will be no penalty to their essence for any tech equipped, which will drastically change the balance of the game between now and June. In any case, should any extraordinary occurrences take place in the beta, our blogging testers will definitely keep you up to date.
