• Jo Miran@lemmy.ml
    link
    fedilink
    English
    arrow-up
    17
    ·
    7 months ago

    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.

    • ipkpjersi@lemmy.ml
      link
      fedilink
      English
      arrow-up
      1
      ·
      edit-2
      7 months ago

      But it’s just the playtest that is free, not the actual game itself? If they are giving the playtest AND the actual game for free then yeah that makes more sense, but otherwise I think it would likely be considered unconscionable for playtest access to mean they can’t criticize the full game they (eventually) paid for, and thus it would likely be unenforceable.

      • Jo Miran@lemmy.ml
        link
        fedilink
        English
        arrow-up
        1
        ·
        7 months ago

        That is certainly something that can be argued in court, and the case might be very strong…but you’d still have to take it to court. Something else to consider is that if the agreement isn’t clear about its limitations, then it can be argued that it isn’t limited. All the company has to do is send you a key to the full game when it’s available and they are technically still in compliance with the agreement. It would not matter if you tell them that you do not wish to participate anymore, or that you bought your own copy, you’d still be bound.

    • EatATaco@lemm.ee
      link
      fedilink
      English
      arrow-up
      1
      arrow-down
      22
      ·
      7 months ago

      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.

      • Jo Miran@lemmy.ml
        link
        fedilink
        English
        arrow-up
        14
        ·
        7 months ago

        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.

        • EatATaco@lemm.ee
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          14
          ·
          7 months ago

          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.

          This is what I mean by unenforceable.

            • EatATaco@lemm.ee
              link
              fedilink
              English
              arrow-up
              1
              arrow-down
              3
              ·
              7 months ago

              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.

          • flawedFraction@lemmy.world
            link
            fedilink
            English
            arrow-up
            8
            ·
            edit-2
            7 months ago

            Which law?

            I ask, because many times people point to the first amendment for things like this, but that doesn’t apply here.

          • Vespair@lemm.ee
            link
            fedilink
            English
            arrow-up
            3
            ·
            7 months ago

            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.