Beta: Non-Disclosure Agreement (NDA)

Pak’Cafan Policy Reminder: The following Policy comes straight from the Pak’Cafan Inner Council and has been a Pak’Cafan Policy since the Guild was created back in 1999. For those that do not know Cougar, he was the Original Founder of Pak’Cafan and the First Guild Leader in EverQuest. He currently plays in the Pak’Cafan WoW Shard and is the Top Dog in managing all of the Pak’Cafan Shards. – Barbadis <Pak’Cafan> (EverQuest)

“At no time has, or will, Pak’Cafan ever endorsed discussion of any content that could even slightly be misconstrued as breaking NDA. This website/forum takes a black and white approach to NDA’s. Moderators of this forum will delete posts without a second thought should their attention be drawn to posts that could be seen as to be breaking NDA — EVEN IF THAT POST MIGHT NOT ACTUALLY BE IN VIOLATION. Our moderators likely don’t have access to the NDA, and can’t be certain what is and isn’t covered at any one time. We are going to err on the side of silence when a game is in beta.

We aim for our members to be above reproach when it comes to NDA’s.

Thanks for your help! And thanks for being a part of our community!”

Addition Comments:

-“A non-disclosure agreement (NDA) is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.”

In this context, it is common in and a general practice for new games, expansions, or anything within a competitive market while in testing or a ‘private’ setting. Near the launch of said product, a NDA is lifted and you can freely discuss the product, but doing so beforehand can have dire legal consequences. Arcayne <Pak’Cafan> (WoW/TOR Shard).

– The NDA does not have to be repealed, though video games typically remove all restrictions other than “you may not talk about the testing process itself” (meaning you can say anything you want about the game, but not how bugs were reported, etc.).

The legal consequences can include penalties including the anticipated cost of the breach. For instance if you told their competitor about a game mechanic they use, and the competitor beats them to market with that feature included, they could claim whatever profit they can show was lost due to your breach. –Minerian <Pak’Cafan> (Rift Shard).


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