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Can the Fair Use act null NDA for MMO games?

IsturiIsturi Phoenix, AZPosts: 1,509Member

I recently came across what is known as the Fair Use of the Copyright Act 1976 which states:

"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."

So with this thought in mind If I did qualify as someone who with a legit purpose should be able to break the NDA of any MMO?

I am not a legal expert I just thought maybe someone on this site might know?image

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Comments

  • Squeak69Squeak69 Colorado Springs, COPosts: 956Member

    no, because when you log into the game it counts as a eltronic signature when you read the NDA. this has the same legal aspects of a normal sig.

    because of this a NDA is actually a signed contract between the company and the tester, which throws all fair use laws out the window.

    F2P may be the way of the future, but ya know they dont make them like they used toimage
    Proper Grammer & spelling are extra, corrections will be LOL at.

  • TealaTeala SomewherePosts: 7,430Member Uncommon
    Originally posted by Squeak69

    no, because when you log into the game it counts as a eltronic signature when you read the NDA. this has the same legal aspects of a normal sig.

    because of this a NDA is actually a signed contract between the company and the tester, which throws all fair use laws out the window.

    This is correct.   The NDA(which is a binding contract made between consenting parties) makes 107 null and void.

    image
  • SlampigSlampig Chantilly, VAPosts: 2,376Member Uncommon
    image

    That Guild Wars 2 login screen knocked up my wife. Must be the second coming!

  • TealaTeala SomewherePosts: 7,430Member Uncommon
    Originally posted by Slampig
    image

    I know...sucks doesn't it. 

    image
  • IsturiIsturi Phoenix, AZPosts: 1,509Member
    Originally posted by Teala
    Originally posted by Squeak69

    no, because when you log into the game it counts as a eltronic signature when you read the NDA. this has the same legal aspects of a normal sig.

    because of this a NDA is actually a signed contract between the company and the tester, which throws all fair use laws out the window.

    This is correct.   The NDA(which is a binding contract made between consenting parties) makes 107 null and void.

    fast respone TY for the info.image

    @ Teala Oh btw Im wining the last post game in spam. image

    image

  • Squeak69Squeak69 Colorado Springs, COPosts: 956Member
    Originally posted by Slampig
    image

    ok how do you get this emo face head wall smashing thing, i see it a bit and cant figure it out.

    F2P may be the way of the future, but ya know they dont make them like they used toimage
    Proper Grammer & spelling are extra, corrections will be LOL at.

  • TealaTeala SomewherePosts: 7,430Member Uncommon
    Originally posted by Squeak69
    Originally posted by Slampig
    image

    ok how do you get this emo face head wall smashing thing, i see it a bit and cant figure it out.

    Click on the emotes tab under the box where you type your comment - you'll find it there.   image

    image
  • Superman0XSuperman0X San Jose, CAPosts: 1,593Member Uncommon
    Originally posted by Teala
    Originally posted by Squeak69

    no, because when you log into the game it counts as a eltronic signature when you read the NDA. this has the same legal aspects of a normal sig.

    because of this a NDA is actually a signed contract between the company and the tester, which throws all fair use laws out the window.

    This is correct.   The NDA(which is a binding contract made between consenting parties) makes 107 null and void.

    Well, there is also the fact that fair use is relative to copyright law, not contract law (NDA).

  • GruntyGrunty TexasPosts: 7,060Member Uncommon
    Originally posted by Squeak69
    Originally posted by Slampig
    image

    ok how do you get this emo face head wall smashing thing, i see it a bit and cant figure it out.

    The Emotes button in the WYSIWYG version of the site's editor. 3 buttons away from the Post Message button.

  • Squeak69Squeak69 Colorado Springs, COPosts: 956Member
    Originally posted by Teala
    Originally posted by Squeak69
    Originally posted by Slampig
    image

    ok how do you get this emo face head wall smashing thing, i see it a bit and cant figure it out.

    Click on the emotes tab under the box where you type your comment - you'll find it there.   image

    imageawsome ty

    F2P may be the way of the future, but ya know they dont make them like they used toimage
    Proper Grammer & spelling are extra, corrections will be LOL at.

  • TsumoroTsumoro EozeaPosts: 408Member Uncommon

    No is the answer, plain and simple. Its a bit sucky of you if you knowingly know there is an NDA in place and your trying to find away to 'break' that. I can only think its for Youtube or streaming purposes. 

    If thats the case, just wait until its released or when the NDA is lifted and then do it. Most game companies are fine if their games are walkthroughed, let's play and so forth as it creates interest in their games. I do say most mind you... Sega has been a bit rough on it, as have Atlus and I read not long ago Microsoft games where getting a bit narky too. 

  • QuizzicalQuizzical Posts: 14,783Member Uncommon
    The restrictions that an NDA places on you are independent from the restrictions that copyright places on you.
  • HelleriHelleri Felton, CAPosts: 927Member Uncommon

    Also sometimes their downloaders and game applications themselves (though rarely the content that you access with them) are generic open source ones that they tend to write-in exeptions and exemptions for. If your looking at an NDA/EULA document, just assume you can do nothing but what is listed under any part that is tittled as exeptions and exemptions, without permission.

    Asking the parent companies legal department for permission to make use of something (if your earnest in your intentions) can go a long way. Especially if you are very specific. It often takes a few weeks to a few months to get a reply...and it is a 50/50 shot at getting permission for limited use of something. But, it can get you somewhere.

    image

  • IsturiIsturi Phoenix, AZPosts: 1,509Member
    Originally posted by Helleri

    Also sometimes their downloaders and game applications themselves (though rarely the content that you access with them) are generic open source ones that they tend to write-in exeptions and exemptions for. If your looking at an NDA/EULA document, just assume you can do nothing but what is listed under any part that is tittled as exeptions and exemptions, without permission.

    Asking the parent companies legal department for permission to make use of something (if your earnest in your intentions) can go a long way. Especially if you are very specific. It often takes a few weeks to a few months to get a reply...and it is a 50/50 shot at getting permission for limited use of something. But, it can get you somewhere.

    This is intreasting. I would of never of thoght of this. TY

    image

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