Without reading the eula, since I have no intention of doing it, would I be allowed to post about things that are in Beta?  I am not in Beta but my brother is so I can (as in I have the ability) to say some things about graphcs and gameplay.  But would I be modded/deleted by mmorpg?  or would it just be bad business.

Just curious.  If not I will tell some things I have seen so far.

Venge Sunsoar

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Originally posted by Apocal
The EULA states among other things that signees of the agreement agree to not disclose information in any form about the Beta.  This is a legally binding contract and is upheld by the courts.  By speaking about the beta, both you and you're brother are liable of commiting this crime and charges could be brought up against you.  Depending on how lenient the producing company felt that they should be and the effects of your leak, the charges could result in liability expenses and/or a jail sentence.  As to your specific question, you would be an accessory to the crime though there are other charges that could be called on you.

Moderators, please lock this thread and monitor any posts by this user.

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Just so you know.  I have not broken any contract.  Secondly there is no way any charges could be laid even if I had.  Contract law and criminal law are two different areas.  Jail term could not be imposed because that is a criminal matter.  The only thing the company could do would be launch a civil suit. 

But again all that is moot because I have not broken any contract, nor do I intend to leak any information.  I was just curious as to the details of whether I could give info because I am not bound by a contract.

Venge Sunsoar

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Originally posted by Apocal
You would be surpised.  The fact that they have never really prosecuted anyone on this is one thing.  What you could be called up on as far as charges is a different thing entirely.  Usually companies are busy building games instead of worrying about NDAs.  However, it's called being an accessory.  You now know what you're not supposed to do.  So be a good person and don't do what you're not supposed to.  If someone were to tell the company that you broke the NDA, then you might get into some nasty trouble.  Civil suits are for different things entirely.  If you have some time, why don't you go ahead and look up the information with regards to breaking Non-Disclosure Agreements.  Until you pass the bar or at least take some law courses you have no backing to stand on.

As the other people have stated.  Your brothers action of telling you that he was in the beta in the first place was a breach of the Non-Disclosure Agreement.  The fact that your comments state that he has shown you the beta is further a breach.  Furthermore posting about it on this site is being an accessory to the crime.

If I went out and bought illegal substances and then had a friend, (or brother) in this case sell them at the street corner.  He would be an accessory to the crime and just as guilty if not more so than myself.  The same thing stands for this.

You are, however, correct that the two different types of laws are seperate.  Yet, you can still be jailed for things such things.

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As far as I know, and I may be wrong, please if there are any lawyers out there please tell us (my background is only loosely experienced with the criminal code), you can only go to jail for for breaking criminal law.  You cannot go to jail for violating a contract, unless violation of that contract also violates criminal law, such as a Consumer Protection Law (E.g. selling false stock security certificates).

Also if any part of an NDA is unreasonable, many judges will throw the entire document out, others will just blue pencil that section.  As far as my brother telling me breaking the NDA, if I visit him at his house and he is playing and I see it, that may be breaking NDA, but I dare anyone to find a judge that would consider that reasonable cause for suit.

This site has some very interesting information on criminal law and contract law. 

http://www.duhaime.org/

So then the question then remains, "Is there some criminal law against violating a eula?"  Until this question is answered, comments like, "accessory to the crime" have no basis.

And why they have never prosecuted someone begs the question, "Is the reason no one has been prosecuted because there is nothing to prosecute with, again no criminal charges, or because the nda is so flimsy that a conviction would be unlikely, therefore a waste of money.  Therefore the only recourse is a civil suit.

Although the Uniform Trade Secrets act may have some bearing, and could be tied into making the breaking of the contract a criminal proceeding? 

http://jobsearchtech.about.com/gi/dynamic/offsite.htm?site=http://www.law.upenn.edu/bll/ulc/fnact99/1980s/utsa85.htm

What do you think?

By the way I don't have any desire to leak any information that was just a curiousity, if the nda would apply or not.  This discussion on legal proceedings is much more interesting.

And you do not have to be a lawyer to have some backing to stand on.  I will not hide behind an education in order to infer credibility. Lawyers are not the only people who can understand law, doctors are not the only people who can understand health.  I can read, I can learn and I can reason. 

Venge Sunsoar

But more importantly, Apoc,  your self rightous and pious first post was likely not well recieved by any.

Originally posted by Jackdog
More importantly is just having enough self respect for yourself to honor the  NDA because it si the right thing to do