PoweredByHentai
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That is a terrible analogy. A car is not on the same scale as a device made specifically for recreational activities.
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Kotaku - Microsoft Punishes Gears Leakers By Making Their Xbox Ones Unusable
- Thread starter Fracas
- Start date
That is a terrible analogy. A car is not on the same scale as a device made specifically for recreational activities.
Not to mention the tone is "oh won't someone think of the drunk drivers"
fuck that
Oh, you know how to use the search tool to make an irrelevant off-topic point. Well tried. Have a nice day.
joecanada
Member
sadly it seems there are actually people out there who think that their internet "friends/fans" are really that appreciative and will hold them up for heroes.... sad.
Xamtheking
Member
Don't break contracts, kids
What a shit analogy.
You realise that the courts can take away your ability to drive ANY car right?
Right?
I sure as hell wouldn't be happy, but would I deserve it? Hell yes. Drunk driving such a ridiculously stupid thing to do. Terrible analogy.
They knowingly broke an NDA they signed. That's still extremely fair.
They typically do, in fact. First time drunk drivers almost always have their licenses suspended.
If you sign something like an NDA, and you break it, you are subject to the terms. That's really the end of the argument.
Should MS have that much power with the device? That's a larger debate. MS did do mass Xbox Live bannings of the 360 hardware for hacking or pirating, preventing that particular Xbox from ever getting online again. Then again, that's part of the EULA for using that service. Sounds like it may now extend to the OS layer of the device.
Should MS have that much power with the device? That's a larger debate. MS did do mass Xbox Live bannings of the 360 hardware for hacking or pirating, preventing that particular Xbox from ever getting online again. Then again, that's part of the EULA for using that service. Sounds like it may now extend to the OS layer of the device.
I'd like to see if the NDA establishes this as a potential punishment, though
PoweredByHentai
Member
I too have lost friends to drunk drivers and I would much prefer that those asshats be blacklisted from ever driving a car.
Shhh. MS is the only corporation. This is known.
Dimitri LH
Member
I dint think this through right earlier, you guys are right, lucky they only got off with this.
Fully agreed
Drunk driving is one of the worst things a person can do. Call a fucking cab.
Head.spawn
Junior Member
...and their car impounded or confiscated, depending on different factors. You also get fined and have your name tossed into the local papers 'idiots we arrested"-section.
Compsiox
Banned
They were...?
Microsoft reserves the right to remove at any time, without notice, any user-created content, account or device from the Services for actions determined to be in violation of this Code of Conduct or Terms of Use
Now, that is just taking into account Microsofts policies and not the NDA that the gentlemen signed.
Also, Sony and Nintendo can do this. Heck, even Phones will soon.
UpDownLeftRight
Banned
Can attest. Stupidly decided to try drive my KO'd friend home after a couple drinks one night in my younger years and got pulled over. Spent a night in a cell and lost my licence for a year a couple weeks later. Got pulled almost instantly luckily so no crashes or accidents and a quick way to learn a lesson. They don't mess around with that crap though. First time offence or not you ARE getting done for it.
Compsiox
Banned
Yeah that's a pretty generic statement found in most TOS
The NDA is done for VMC, who have no power to ban people. The console ban was because this also violated the Xbox Live EULA. The breach of NDA will be handled by VMC's legal team.
WaffleTaco
Wants to outlaw technological innovation.
? And whys that? I didn't play the VMC test for this game.
PoweredByHentai
Member
I would not be surprised if a lawsuit gets filed. This occurrence just happened within the past day or so.
Pretty sure that breaking NDAs is grounds for automatic firing. You break an NDA, you cannot be trusted, therefore you will be escorted out of the office.
That's right!!
/s
Seriously though I am hoping those who see this as ridiculous or unfair are just very, very young
This is in no way unfair
Yeah, I'm usually the first up in arms... but this is squarely on them in this case.
They're actually mad fortunate that seems to be the extent of the punishment.
Yeeeeeeeup
PoweredByHentai
Member
The timing of your post followed by his post was amusing given the coincidence.
gamechanger87
Member
Nope. They violated MS EULA which they agreed to and stated that this could happen to them. They have no defense.
Sony and Nintendo also have the commentary and rights in the EULA
Wolf Akela
Member
Some of the posts here confuse me. Did I miss something? Why are people thinking they're just your gamers at home who got invited to download a beta? It's their jobs. It's not those beta invitations. How old are those people?
Getting your console banned is the least of your worries. You might as well kiss goodbye to your career. A console is chump change.
People saying this was too extreme. Holy crap are you guys serious? Yeah, too extremely LIGHT. I expected much worse than this. MS can do waaaaay worse and it wouldn't surprise me if they did so in the future.
Getting your console banned is the least of your worries. You might as well kiss goodbye to your career. A console is chump change.
People saying this was too extreme. Holy crap are you guys serious? Yeah, too extremely LIGHT. I expected much worse than this. MS can do waaaaay worse and it wouldn't surprise me if they did so in the future.
GreyOcelot
Member
they kind of have to. the more severe the punishment, the less likely of a leak
This punishment is just from Microsoft's end. VMC will have more for them. They will, at the very least, be getting large fines in addition to their termination.
PoweredByHentai
Member
You are confusing a service EULA with an NDA on a work contract. The employer and the client have the right to file suit for a breach of contract (read: the NDA in your work contract).
See, the thing that certain people seem to be missing is that EULAs and NDAs are contracts that are entered into voluntarily. If you want to use a product or test something before it's available, you must abide by them. If you don't want to abide by them, then you don't get to use the product or test that something. Contracts exist to let you know of the rights you have associated with usage and the consequences of breaking any of the rules set forth. If you don't like them, don't sign them and don't use the product.
You don't have a right to test something - it's a privilege which carries responsibility. If you fail at that responsibility, there are consequences, which you agree to through use. I have no sympathy for people who get bricked consoles or fines for breaking EULAs or NDAs because "I didn't know" and "that's not fair" don't apply when you sign a contract. That's why contracts exist in the first place.
You don't have a right to test something - it's a privilege which carries responsibility. If you fail at that responsibility, there are consequences, which you agree to through use. I have no sympathy for people who get bricked consoles or fines for breaking EULAs or NDAs because "I didn't know" and "that's not fair" don't apply when you sign a contract. That's why contracts exist in the first place.
Septimus Prime
Member
Even though the article calls them testers, I believe these were crowdsourced users, who were invited to test on behalf of VMC. There's this line in the article, as well:
I very, very much doubt that VMC would allow its in-house testers to use non-test kit equipment.
There was also a thread last year about how VMC was trying out crowdsourcing for testing. If nothing else, everyone else in the industry is very likely keeping a very watchful eye on how this story develops, and I'm also quite confident that this incident leaves a sour taste in everyone's mouths regarding whether crowdsource is viable for testing.
They work from home
It's work from home contract work. I do some testing for them and, while the work is minimum wage and very sparse, it's convenient for the extra cash. The basic idea is by recruiting testers all over the world, you can test network servers and other things on a wider scale as well as getting them cheaper.
This describes it really well. Because of the leaks, I would not be surprised if watermarks become more commonplace. They're annoying, but they definitely make leaking riskier and more difficult.
Something needs to be clarified. VMC "testers" are just people who have the system and signed up for the program. They recruited on GAF last year. I'm part of the program, though I don't have an Xbox One, so I wasn't a part of this particular test.
If you have ordinary people test what's supposed to be a secret game, it's gonna get leaked, NDA or not. IIRC the same thing happened to Watch_Dogs last year when VMC was testing that game's MP suite out.
Leakers deserve everything that's coming to them, including bricked consoles. They're ruining a cool program for the rest of us.
If you have ordinary people test what's supposed to be a secret game, it's gonna get leaked, NDA or not. IIRC the same thing happened to Watch_Dogs last year when VMC was testing that game's MP suite out.
Leakers deserve everything that's coming to them, including bricked consoles. They're ruining a cool program for the rest of us.
Scully Scully Scoo
Member
leakers are worse than murders, defo deserve at least 10 years jail time for showing off-screen gameplay of a game that is at most 1 month away from reveal. this is why death penalty exists folks
Dawnbuster
Member
This.
AHA-Lambda
Member
Eh, they brokeNDA, technically MS could sue; this seems fair to me.
KoopaTheCasual
Junior Member
Not a completely analogous comparison. It would be more like if you got in an accident in a Honda, they confiscate your Honda, and you're never allowed to drive a Honda ever again. Even if you were a life long Honda supporter/driver.
Gaming is just one of many industries, where you can get work and support yourself.
This too. Wouldn't be too perturbed with that punishment for drunk drivers. Would certainly make the streets safer, and keep people more mindful of how much they drink.
HoodWinked
Gold Member
these guys are getting paid to play beta games early VMC is a contract company. leaking content is pretty bad if there are no stakes but its a paid gig and they're leaking stuff thats so completely idiotic.
phones do have kill switches too its on iphones when it gets stolen. and also blacklisting blacklist imei/esn which is actually more like what happend to the xbox to prevent them from purposely/inadvertently leaking anymore stuff.
phones do have kill switches too its on iphones when it gets stolen. and also blacklisting blacklist imei/esn which is actually more like what happend to the xbox to prevent them from purposely/inadvertently leaking anymore stuff.
Dawnbuster
Member
Engadget just reported that their systems were NOT bricked, only banned from XBL.
http://www.engadget.com/2015/05/14/microsoft-ban-for-gears-of-wars-leakers-only-knocks-them-offli/?utm_source=dlvr.it&utm_medium=twitter&utm_campaign=Engadget&%3Fncid=rss_full
"To be clear, if a console is suspended from Xbox Live for a violation of the Terms of Use, it can still be used offline. Microsoft enforcement action does not result in a console becoming unusable. Suspensions for both consoles and accounts are determined by looking at a number of factors. To avoid enforcement action including suspension from the service, users should follow the Xbox Live Terms of Use and Code of Conduct."
... So all this MS-hating was based on clickbait sensationalism?
Haven't read anywhere that these morons aren't getting sued/fined.
http://www.engadget.com/2015/05/14/microsoft-ban-for-gears-of-wars-leakers-only-knocks-them-offli/?utm_source=dlvr.it&utm_medium=twitter&utm_campaign=Engadget&%3Fncid=rss_full
"To be clear, if a console is suspended from Xbox Live for a violation of the Terms of Use, it can still be used offline. Microsoft enforcement action does not result in a console becoming unusable. Suspensions for both consoles and accounts are determined by looking at a number of factors. To avoid enforcement action including suspension from the service, users should follow the Xbox Live Terms of Use and Code of Conduct."
... So all this MS-hating was based on clickbait sensationalism?
Haven't read anywhere that these morons aren't getting sued/fined.
A.D. Skinner
Member
How exactly people look to hate Microsoft for punishing people for breaking several agreements is beyond me.
VMC are also punishing users as they broke the NDA. They broke multiple agreements with both companies and deserve everything they get. Ban the account, the console, sue them! It's exactly what they signed up for.
VMC are also punishing users as they broke the NDA. They broke multiple agreements with both companies and deserve everything they get. Ban the account, the console, sue them! It's exactly what they signed up for.
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