It doesn’t feel practical to enforce, save in so far as it lets them put you on a list of people not to extend future early-release games to. But you have to assume they were already doing that, as any marketing department worth its salt is going to have a boutique set of insider streamers who are effectively just contracted media flaks plugging your product.
On today’s episode of “This shouldn’t be legal”…
Think about it this way. The same guys who stream video game reviews to make money are paid by the advertisers who sponsor their streams. And the sponsor won’t pay for a stream if its disparaging of their content. So the streamer is being paid to cut an ad.
Imagine if you hired someone to go door-to-door selling people your sandwiches. And in the middle of each sales call the guys you hired would take a big bite, spit out the sandwich, and say “This is awful! I hate it!” What are you paying these asshole for?
Just stop pretending streamers are these independent objective observers and recognize them for what they are - online door-to-door sales guys. These early releases are just their sales kits. And why am I going to extend a sales kit to a guy who isn’t going to sell my shit?
Well that’s stupid. Getting negative reviews is also a good thing. It allows you to re-evaluate your product(s). Pretty much you’re going to sell a half assed product, pretending it’s amazing because you refused to take critically-negative feedback from your paying customers. Guess they just want to completely obliterate their company.
As stupid as it is, it doesn’t stop a creator from simply demonstrating issues, without commentary. Just show people the issues and don’t remark on them.
That being said, nobody should sign this. Trying to forbid people from making satirical remarks? What the crap?
They literally can’t do that. Satire is a protected right under the first amendment. Anyone can make public satirical remarks regardless of signing that contract.
You are aware that first amendment protects speech from government actions/bodies only. It’s not something you can use against a private business (there are other laws for discrimination.)
The point of the contract is that if one is in breach the company can sue for damages and potentially remove the offending media.
The suing process would be through a legal body such as a court system, in this case federal court since the media is on the Internet, therefore the contract doesn’t hold any legal binding. No federal court would uphold a contract that violates the first amendment.
Contracts adhere to laws and rules just like any other legal document. You can’t just put whatever you want into a contract and have it be binding.
Sure, but that term does not violate the first amendment since the government didn’t stop you from saying it, so would hold up. You might be able to get it thrown out due to something else, you would need a lawyer for that.
That contract will have penalties for violations, and those are what you would be subject to if in violation.
That’s not how that works. The contract is in and of itself a violation of the first amendment. Therefore it has no legal binding. They wouldn’t be able to remove the offending media from any platform or sue for damages if someone breached the contract.
If there are internal ramifications due to a breach of contract that’s something that could be handled internally, such as the content creator not being offered any review materials in the future. But a contract wouldn’t be necessary for that either way.
Moreover, specifically for satire, there are whole acts in the law advocating for it. There is absolutely nothing, no clause or agreement that would ever prohibit someone from publicly satiring any given entity. Regardless of any contract.
“While Maxis were focusing on graphical improvements with the SimCity reboot, EA wanted to make the game multiplayer and always-online, in part to combat piracy. The game was subject to “one of the most disastrous launches in history”, as the game was released in a highly buggy state, with server failures plaguing players, and the open regions swiftly filling with abandoned cities.”
Buy successful indie game and studio, run the IP into the ground or just lay the workers off and keep the IP. Much cheaper to keep good games out and make room for your shitty AAA title than actually compete with them in the market.
shrug… At least we’ve been getting banger indie games. I’m fine if this whole AAA thing goes up in smoke. EA, Microsoft, etc. are just chasing that live service cash cow.
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