Personally, I think It's a shame for Kotaku.That's twee.
In their article and replies, how they "understand" the NDAs, is just fun to read.
It's like they are totally innocent. : D But actually, if they've signed the NDA, they should have keep it anyway. So now they want the news covered, the page view growed, with no responsibility taken. That's weak.
If I've signed the NDA, we would have followed it anyway we could. I won't even retweet the leak because it's potentially break the rules. But this time, I could say the leak is from the Ubisoft staff, and I don't sign the NDA or any agreement with Ubisoft. Then it's free for me to report and post.
So Kotaku should have quoted the A9VG and Neogaf rightly, like other media.Please don not use "somebody", which sounds quite evil. XDDD It's a basic for media to at least quote right, isn't it?
They didn't leak the image themselves. They're not confirming anything beyond what's already leaked on other sites. And as Totilo and Schreier have said, they've consulted with their lawyers beforehand.