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Streamer Breaks Anthem NDA, loses entire Origin library while recording (UP: Anthem may have been only game in library)

Nov 6, 2017
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He’s free to sue EA for it. That’s his method of appeal.

...he’d lose though, since the NDA he signed literaly states, in plain Eglish, that EA can terminate his account if he breaks the agreement.

That’s not an “arbitrarily revocable rental.” That’s a clearly define consequence that the user agreed to.
Yes, I’m aware that the digital purchase agreement says. Basically all digital “purchases” have similar clauses. It’s precisely that which I’m saying is an incredibly shitty state of affairs.

I’d like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can’t just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.
 
Oct 25, 2017
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Yes, I’m aware that the digital purchase agreement says. Basically all digital “purchases” have similar clauses. It’s precisely that which I’m saying is an incredibly shitty state of affairs.

I’d like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can’t just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.
To be clear, that language isn’t from the standard Origin ToS. It’s from the specific NDA for this specific alpha. He signed an agreement for an alpha that stated that he’d lose his account if he broke the terms. He broke the terms, lost his account. Open and shut.

Your physical purchases are also just licenses on a disk. Companies absolutely could revoke access to them, legally-speaking. Practically speaking is another story. Regardless, you’re never going to see digital purchases “guarantee the same rights” as physical, because those rights for physical don’t exist in the first place. You can just circumvent the law with physical due to the nature of the medium.
 
Oct 25, 2017
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Yes, I’m aware that the digital purchase agreement says. Basically all digital “purchases” have similar clauses. It’s precisely that which I’m saying is an incredibly shitty state of affairs.

I’d like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can’t just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.
Ummm... They can ban your account, and they can ban your console.

And yes, there have literally been cases of them physically coming to your home and taking the game from you.
 
Oct 25, 2017
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Spain
I’d like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can’t just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.
If you break an NDA with a physical product they'll both sue you and take the product itself. It has happened with phones before.
 
Oct 25, 2017
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Yes, I’m aware that the digital purchase agreement says. Basically all digital “purchases” have similar clauses. It’s precisely that which I’m saying is an incredibly shitty state of affairs.

I’d like to see digital purchases guarantee the same rights as physical purchases, like how Nintendo can’t just decide to kick in my door and decided to walk out with my Switch and physical game library if I violate an NDA on a physical game without going through a court of law.
EA can’t take away whatever physical EA games this guy has either.
 
Oct 25, 2017
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Apparently according to people on this alpha Anthem is very well broken at the moment no wonder they want to hide their game(isnt it coming in 2 months)
Shit like this is why there is an NDA. Because now you've got people that are 'apparently' posting things that they have no idea about.
EA can’t take away whatever physical EA games this guy has either.
If he only has this game, they absolutely could. If he has other games, I highly doubt he's permanently lost the licenses to them over this, but they probably just did it temporarily to get him to stop streaming the game.
 
Oct 26, 2017
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I should be not surprised when I see people defending people like this.
He broke the rules, he gets punished, simple as that.
World have gone so soft that soon you can do literally anything without any consequences.
 
Oct 25, 2017
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Shit like this is why there is an NDA. Because now you've got people that are 'apparently' posting things that they have no idea about.

If he only has this game, they absolutely could. If he has other games, I highly doubt he's permanently lost the licenses to them over this, but they probably just did it temporarily to get him to stop streaming the game.
“Physical” games. Like EA ain’t breaking down this guys door and taking his PS2 copy of Madden. My point toward the post I was responding to being that these things aren’t 1:1 and never will be. Making those kinds of comparisons is pointless.
 
Dec 6, 2018
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And here's why they needed an NDA.
Why , to hide their broken game? I don't get it. I been in alphas for too many times point is to test their game and multiplayer parts of them. Is it Alpha test or network server test they should get their priorities right . Whatever not gonna pay any EA title when they come PS PLUS / Xbox Pass etc pretty soon but its sad.
 
Oct 27, 2017
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It's not a "arbitrary" decision it's in the LEGALLY BINDING AGREEMENT THAT HE SIGNED! If he didn't want this to happen then he shouldn't broken his NDA.
There are limits to the kind of penalties an NDA can enforce. Given game libraries are tied to accounts and the account termination is akin to termination and deletion of a library, I am arguing that it really should not be under the scope of the NDA.

NDAs having financial consequences is fairly common knowledge. Losing ancillary things because the company you signed an NDA with happen to also control a part of your digital property is in my mind onerous and opens a bad precedent.

Origin is small potatoes, but imagine if its Google or Steam.
 
Oct 25, 2017
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“Physical” games. Like EA ain’t breaking down this guys door and taking his PS2 copy of Madden. My point toward the post I was responding to being that these things aren’t 1:1 and never will be. Making those kinds of comparisons is pointless.
If this was an NDA when it involved physical media, which I have been a part of back when the internet was not up to the task of downloading entire games, they would ABSOLUTELY be getting their fucking physical disc back. That is my point. It is 1:1.
Why , to hide their broken game? I don't get it. I been in alphas for too many times point is to test their game and multiplayer parts of them. Is it Alpha test or network server test they should get their priorities right . Whatever not gonna pay any EA title when they come PS PLUS / Xbox Pass etc pretty soon but its sad.
You've never been in an actual alpha or beta if you think games should be faultless at that stage. You've just played glorified demos that companies label that way to make you feel special.

Hell, this is an 'alpha' that is still largely a network test, yes. Which is what they said ahead of time.
 
Oct 25, 2017
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There are limits to the kind of penalties an NDA can enforce. Given game libraries are tied to accounts and the account termination is akin to termination and deletion of a library, I am arguing that counts as property and should not be under an enforceable NDA. Has nothing to do if people agreed to it or not.

NDAs having financial consequences is fairly common knowledge. Losing ancillary things because the company you signed an NDA with happen to also control a part of your digital property is in my mind outside the bounds of an NDA.
Pretty sure EA has better lawyers than you. Digital licenses don’t count as property.
 
Oct 27, 2017
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Don't forget to read the fine print. I had footage of the PS4 SMITE Closed Alpha on my Youtube channel. Why is that? Because Hi-Rez encouraged it in their e-mail they sent me with the alpha code.
 
Oct 25, 2017
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Yes. This WAS his entire library.
I don’t think you are getting what I’m saying st all. The post I was initially responding to was “I wish this was more like with physical games, where if you broke an NDA Nintendo doesn’t come to your house and take all of your physical Nintendo games”. My point was “EA ain’t doing that here either.”
 
Oct 25, 2017
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I've had to sign NDAs for video game QA jobs, it's not that fucking hard to keep your experiences to yourself.

And to the response of EA removing his library, I don't see the problem with it. Seems like a good enough punishment to make people learn their lesson that a temp ban will never teach them. Every digital game has the terms and conditions that you don't fully own it and it can be taken away from you, that's what you are signing when you press 'I Agree'.
 
Nov 26, 2017
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Why would anyone defend an NDA? I mean, why would anyone defend EA in this? Yeah, he was streaming Anthem, so what? It’s a video game. Am I supposed to feel bad that EA might not be able to have as tightly controlled marketing as they were going to? If anything, this is just another mark against the digital-only future.
 
Oct 27, 2017
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I highly doubt you've read the terms and conditions for everything you've bought or consulted with an attorney to fully comprehend them, nobody does this. The whole purpose of "fine print" is deceptive, it's been engineered that way, the general consumer is being screwed from the jump a lot of times. I'm not saying people shouldn't do their due diligence or making excuses for this guy, but you're basically saying you have zero sympathy for anyone as that is the reality.
You can doubt it but I do read the agreements I sign.
 
Oct 27, 2017
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Nothing is owned by the individual when it comes to digital games at present. So I suppose you could defend EA in that regard and would be technically correct in that they can legally deny access to the games. I however don't see it morally right regardless of what the law says and consumer protections need to improve regarding it.
I agree. I was just wondering if it was an ownership or access deal. I haven't done anything EA since the PS2 era.
 
Jan 28, 2018
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Yes it's alpha but its releasing under 2 months. Not many games fixes those issues pretty quickly.Good luck to them but its likely gonna be another F76 situtation.
This is why people like you should not play and sign for NDAs and testing games, you are clueless and have no idea of how things work in Alpha games.

If people think the Alpha build is the same one that will be available in February should just stop playing games in Alpha state and stop spreading misinformation, the purpose of this test is to TEST the network, if the games breaks or it's bugged it's a normal procedure, there's nothing wrong in this.