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Xbox One and Machinima: Be nice or neutral, and don't tell anyone we're paying you

AngryJoe got sent the same documents and said they were real.

Sorry, I have no doubts that the NDA is real, I meant to verify that it actually says that they can't mention that they are sponsored. To verify that reddit post I linked.
But I just saw the image that talks about non disclosing the contents of the agreement.
 

Chobel

Member
So Northernlion (youtuber) said this in reddit

2GyfwGm.png


According to him, the previous Machinima assignments allow or even require full disclosure.

How I know this is him: http://www.reddit.com/r/IAmA/comments/qeuiw/i_make_a_living_playing_video_games_for_the/
 
nelson.jpg


You're all just haters on a witch hunt. If you had just bought into Microsoft's utopian vision of the future we could be concentrating on what's really important - games. Microtransaction filled, black crushed, 720p games. That's what's important.
 

Span

Banned
Maybe this might dilute the focus more than it already has been, but have other companies/sites like Machinima been open about their XBO promotions? Equally, does anyone know if similar things have applied to podcasts? I remember when the Zune came out, MS offered people to make exclusive content for them. I was wondering if they've done anything similar now.

Not trying to start a witch hunt.
 

stonesak

Okay, if you really insist
cboat's response isn't really a surprise. No business would hire a PR agency to promote their product without knowing how the promotion would work.
 

pixlexic

Banned
The government regulations already exist that apply to individuals, including YouTubers. The FTC regulations that have been repeatedly cited in this thread were crafted for exactly this situation. And to answer your previous question, how are we supposed to know who is trustworthy and who is scummy if these people can accept unlimited secret payments from corporations?

Yeah but that's goes with anyone really. Even big sites have been caught doing shady deals.

Also I guess a better way to put it is.. Should we burden everyone with heavy regulations because of a few sleazy bloggers?
 

JABEE

Member
cboat's response isn't really a surprise. No business would hire a PR agency to promote their product without knowing how the promotion would work.

Exactly, Microsoft's statement is a boilerplate response to any controversy like this. It's part of the attractiveness of using outside firms. They bear the brunt of the shit storm when things go wrong.
 

Tsundere

Banned
Sorry, I have no doubts that the NDA is real, I meant to verify that it actually says that they can't mention that they are sponsored. To verify that reddit post I linked.
But I just saw the image that talks about non disclosing the contents of the agreement.

Joe Vargas ‏@AngryJoeShow 14h
Guys its not fake. I've been sent proof. This was a promo from Machinima to its partners to NOT talk bad about this console for $$$

He specifically mentions that clause.
 

stonesak

Okay, if you really insist
Yeah but that's goes with anyone really. Even big sites have been caught doing shady deals.

Also I guess a better way to put it is.. Should we burden everyone with heavy regulations because of a few sleazy bloggers?

Disclosing you've received compensation for endorsing a product isn't what I would call heavy regulations.
 

Chobel

Member
Yeah but that's goes with anyone really. Even big sites have been caught doing shady deals.

Also I guess a better way to put it is.. Should we burden everyone with heavy regulations because of a few sleazy bloggers?

You're trying too hard man.

Saying you're promoting something is hardly heavy regulation.
 

ramuh

Member
I saw this problem back in the day "wild west" of youtube uploads and whatnot. After google acquired them in a bid to make money, things changed. Every time money changes hands it usually is covered under some law or jurisdiction. I figured this stuff would start cropping up a little bit but not like this, with the whole don't disclose thing/repercussions.

Edit: I still thing that sometimes these networks and whatnot feel or try to do things that can construed as illegal in other mediums, in a bid to make money. They are hoping (speculation) that the whole personal upload thing is still the frontier, and would take a while to get through the courts to do its thing.
 
Yeah but that's goes with anyone really. Even big sites have been caught doing shady deals.

Also I guess a better way to put it is.. Should we burden everyone with heavy regulations because of a few sleazy bloggers?

What "heavy regulations"? All that is required is a simple clear disclosure that someone received financial or material consideration. That simple measure is all we need, and all the law asks. It is absolutely what we should demand of everyone.
 
How do people seriously think MS did not / does not know exactly what they are doing? lol.

They are far too big of a corporation to not look at every single action from nearly every angle. They probably did a forecast of projected sales via the promotion program vs. the projected fine if this was ever brought to light.

If sum total of fine was acceptable, they go forward. When you are MS with 21 BILLION in income each year, a pultry 1,000,000$ fine makes you laugh. Especially when it means more US console marketshare, more software sales, more market saturation, more mouth to mouth, etc.

MS knows they can not fall behind Sony in the US by a large margin. If they did, and word of mouth within circles became exclusively about the PS4 ... it would be a bloodbath this generation.

Staying even at this point is a massive win for MS in the US given all the bad PR.
 

Skeff

Member
I can take this two ways:

1. MS knew exactly what they were doing
2. This is all on Machinima

Edit:
Actually three:
3. This was just a royal fuck up by all parties involved

I think someone quoted the FTC rules in one of these threads, I don't remember which and essentially, it doesn't matter who added it, both MS and Machinima are both responsible from a legal perspective, MS can be held responsible for anything machinima does as long as machinima are acting as a third party for MS. Ignorance is not an excuse.

The only way the blame game is important is for PR and to try and save the image of the companies.

"FTC fines Microsoft for bribing youtubers" is a more damning headline than "FTC fines Microsoft for improper supervision of a third party advertiser"
 

A-V-B

Member
How do people seriously think MS did not / does not know exactly what they are doing? lol.

They are far too big of a corporation to not look at every single action from nearly every angle. They probably did a forecast of projected sales via the promotion program vs. the projected fine if this was ever brought to light.

If sum total of fine was acceptable, they go forward. When you are MS with 21 BILLION in income each year, a pultry 1,000,000$ fine makes you laugh.

Though if it's fraud, isn't there the scary possibility of an FTC investigation?
 

pixlexic

Banned
You're trying too hard man.

Saying you're promoting something is hardly heavy regulation.

Ehh maybe I am thinking too far. .. Too conspiracyish ... Like not about this particular problem but what could happen with heavy government regulation going forward.

I will concede
 
It was only 1 page ago in the thread :p



The "As a perk..." text, seen above from the E3 and Comic-Con promotions was removed from the Xbox promotions guidelines, but you are right, it could have been a blanket change, in which case there will be more fireworks to come :p
Right, what I'm saying is, those other three are pre-XBone-launch. We need to see a non-MS agreement between Nov. 20 and Jan 14. If it has the "be sure to disclose" bit, it would seem this is MS-specific.
 
Though if it's fraud, isn't there the scary possibility of an FTC investigation?

Not much of an investigation though. You have the other parties already taking the fall for you. The worst they can get is a fine, and from what I am reading it would be at worst something like $5,000,000. Which to MS is made in a single day ( MS actually makes far more then that per day, but in pure profit, yeah about 5,000,000 per day )
 

Skeff

Member
Right, what I'm saying is, those other three are pre-XBone-launch. We need to see a non-MS agreement between Nov. 20 and Jan 14. If it has the "be sure to disclose" bit, it would seem this is MS-specific.

Would certainly be good to see one pop up to shed a little more light on the subject either way.

Not much of an investigation though. You have the other parties already taking the fall for you. The worst they can get is a fine, and from what I am reading it would be at worst something like $5,000,000. Which to MS is made in a single day ( MS actually makes far more then that per day, but in pure profit, yeah about 5,000,000 per day )

The PR would be worse than the fine for Microsoft. If it makes the national news, which an FTC fine certainly would, then it would be far more damaging than the fine.
 

A-V-B

Member
Not much of an investigation though. You have the other parties already taking the fall for you. The worst they can get is a fine, and from what I am reading it would be at worst something like $5,000,000. Which to MS is made in a single day.

Then I guess this is worse for EA than Microsoft.
 

jayu26

Member
Ehh maybe I am thinking too far. .. Too conspiracyish ... Like not about this particular problem but what could happen with heavy government regulation going forward.

I will concede

If you want to argue that, then give us an example of a scenario where simple transparency like this would lead to lack of internet (for lack of a better word) "freedom". Transparency is a good thing for consumer.
 

_hekk05

Banned
Ehh maybe I am thinking too far. .. Too conspiracyish ... Like not about this particular problem but what could happen with heavy government regulation going forward.

I will concede

Well, you must remember that outside of the US, governments actually work, and are actually beneficial to the people. I can't stand libertarians.

imbusy

al contaracts are veted by legal tho. Usualy multipel timse.

OhMy.gif

Not really a surprise though. No company with a legal department will allow the parent company to sign a contract without completely understanding the fine print.
 
Would certainly be good to see one pop up to shed a little more light on the subject either way.



The PR would be worse than the fine for Microsoft. If it makes the national news, which an FTC fine certainly would, then it would be far more damaging than the fine.

True, but it looks like MS already has their martyrs all lined up. So while they would get the PR, they could just keep coming out and saying, " nope, it was all on them .. they were supposed to inform you they were being paid to stay positive! Seriously! " lol. You know how it will go I'm sure.

All depends on if the regular joe cares enough to actually say, " nah I'll go purchase a PS4 instead of a X1 because of this ". Most likely not ...

Look how many people even on here are already saying, " well shit this happens everywhere, all the time, exactly like this! Sony does the same thing! Nintendo does the same thing! Just accept it and move on "
 
I'm shocked.............................. That you actually spelt a word correctly.

Edit: As in a word other than the, on, to, by etc.
And with that, I've figured out who he is. I've got you now, CBOAT!

Or should I say,
[REDACTED]

I would have been shocked if no one from MS had looked over the agreements they were entering, as it would have been the first time something like that would have happened in the company's history.
 

A-V-B

Member
True, but it looks like MS already has their martyrs all lined up. So while they would get the PR, they could just keep coming out and saying, " nope, it was all on them .. they were supposed to inform you they were being paid to stay positive! Seriously! " lol. You know how it will go I'm sure.

All depends on if the regular joe cares enough to actually say, " nah I'll go purchase a PS4 instead of a X1 because of this ". Most likely not ...

Look how many people even on here are already saying, " well shit this happens everywhere, all the time, exactly like this! Sony does the same thing! Nintendo does the same thing! Just accept it and move on "

But if this does happen all the time - heh - then how many folks online can you trust to represent the opinion of the average man? See what I mean?
 

RiccochetJ

Gold Member
I think someone quoted the FTC rules in one of these threads, I don't remember which and essentially, it doesn't matter who added it, both MS and Machinima are both responsible from a legal perspective, MS can be held responsible for anything machinima does as long as machinima are acting as a third party for MS. Ignorance is not an excuse.

The only way the blame game is important is for PR and to try and save the image of the companies.

"FTC fines Microsoft for bribing youtubers" is a more damning headline than "FTC fines Microsoft for improper supervision of a third party advertiser"

I completely agree that MS is ultimately responsible. However, I could see the argument that there's no way they could properly vet out every video that's pushed out due to this promotion. Then you get into that weird world that Google/Youtube is in where people have turned on ads for videos that they're clearly reposting.

I'm more talking about how a large number of people not following the rules shouldn't affect the company enabling it if they can prove that they made an effort to curtail the practice.
 
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