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Daily Poll 244: Do companies have a right to strike down leaks?

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  • Daily Poll 244: Do companies have a right to strike down leaks?

    Last Daily Poll was on Kojima being good at making games or not. Check it out here: https://www.exclusivelygames.com/for...good-developer

    A lot of leaks happened for Sword and Shield and the net is drooling over it as per protocol. The leaker was identified quickly since he seems to be an idiot. I don't think many people would disagree with a leaker who signed an NDA being punished but striking down the leaks I imagine is something that some would have a problem with. Nintendo is pretty anal about leaks and using copyright to take down leaks. I'm not here to say whether that's right or wrong because you're going to tell me that, if you feel like it.

    The message was one blank nine blank blank. The song is one after 909 by the Beatles: https://www.youtube.com/watch?v=t8UeWjynWvE

    Check out the Daily Poll Archive: https://docs.google.com/document/d/1...it?usp=sharing
    24
    Companies have a right to take down any leak
    16.67%
    4
    Companies have no right to take down any leak
    4.17%
    1
    A company only has a right to take down leaks from people they have a NDA with
    54.17%
    13
    It depends on the leak if the company has the right to take it down or not
    8.33%
    2
    I don't care
    0%
    0
    I can't decide
    12.50%
    3
    Other Opinion (Reply Below)
    4.17%
    1
    I'm crawling deeper and deeper into backlog hell. Also I stream on dlive: https://dlive.tv/jokerthefoolio

  • #2
    If the leaker signed an NDA, sure, well within their right. If its a rando youtuber reporting on said leaks or throwing ideas at a wall to see which will stick - absolutely not. That YTber didn't sign jack shit and striking his videos or whole YT channel is copyright abuse and false takedown, which IN THEORY should be punishable by law. If they can use the law to sue a real leaker, that same law should apply to them when they falsely flag other people's content. I don't give a shit someone stole your thunder, blew the wind out of your marketing sails or whatever. You break the law, you get punished. You're a multi-billion dollar corporation not a toddler at a playground. It does not become of you to throw a tantrum at that stage of life.

    But we're all grown-ups here, and we all know what kind of a world we live in.
    Last edited by Latham; 11-06-2019, 08:44 PM.

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    • #3
      Only if people signed a NDA.

      If people did not signed a NDA, they have no right to stop the leak, only blame them selves for failing at keeping their information hidden.
      ( ´・ω・`)_且~ Would you care to join me for a cup of tea?
      Sips Tea Majeeeeestically!

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      • #4
        They can sue / fire the leaker as their heart desires, but they have absolutely no right to take down any third parties content. There is no point to it anyway, once something is out there it is never going away, being a jerk about it just amplifies the streisand effect.

        If a news outlet publishes an article about a company based on an inside source, that means the company can take down that article? They can issue a statement about it, and ask for correction if the contents are demonstrably false at most.
        Click here for all my game reviews. | Click here for my PC hardware history from 1991
        Games purchased on EGS: 0 | Free games redeemed on EGS: 0

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        • #5
          NDA or it's fair game.

          Comment


          • #6
            By "right" do you mean moral right or legal right? NDA or not they don't have a legal right to "take down" leaks, the NDA is there to ensure it never gets to that point. An NDA is like a dam holding back water....you need to make sure it's strong as if it's breached then there's nothing you can do, the water is out. As for "moral" right, it's hard to argue that a company has a moral right to control the behaviour of third parties passing on the leaked information when the leak was largely the company's fault, and keeping secret things secret is an everyday part of their business.
            Iconoclast

            Jeremy: ResetEra is a forum full of outrage merchants
            Also Jeremy: Join ExclusivelyGames, a forum full of outrage merchants

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            • #7
              Yep. If it hurts their stocks, bottom lines, whatever else, they have the right to stop it. That said, there are ways to do it, and ways not to. Borderlands 3 leaks for example was not done right, but Nintendo just threatening legal action that could ruin their direct, that's far better, not the best, but better.

              Comment


              • #8
                Originally posted by Jokerthefoolio View Post
                The message was one blank nine blank blank. The song is one after 909 by the Beatles
                ... -_______-" I never would have come to that solution, especially because the 1 is not after but before the "909"...

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                • #9
                  They have the right to take down leaks. They also can't stop people leaking the information.
                  ​​​​​​It is an endless cycle.

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                  • #10
                    Yes, they have the legal right to it regardless of NDA's or not as it is their intellectual property and anyone that uses it without formal concept is doing it ilegal by law (most companies don't care about it as it is a form of free publicity but in terms of legality it is that simple)

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                    • #11
                      Originally posted by Balta666 View Post
                      Yes, they have the legal right to it regardless of NDA's or not as it is their intellectual property and anyone that uses it without formal concept is doing it ilegal by law (most companies don't care about it as it is a form of free publicity but in terms of legality it is that simple)
                      Using "intellectual property" is only illegal if that property is protected (trademarks, patents, copyright etc), and if it is protected then it is going to be public, not a leak. "Leaks" tend to be information that isn't protected so there is rarely any legal remedy against people that use it if it becomes known to them and they are not under an NDA.
                      Iconoclast

                      Jeremy: ResetEra is a forum full of outrage merchants
                      Also Jeremy: Join ExclusivelyGames, a forum full of outrage merchants

                      Comment


                      • #12
                        Originally posted by Aidy View Post

                        Using "intellectual property" is only illegal if that property is protected (trademarks, patents, copyright etc), and if it is protected then it is going to be public, not a leak. "Leaks" tend to be information that isn't protected so there is rarely any legal remedy against people that use it if it becomes known to them and they are not under an NDA.
                        I don't know how that can be the case on Pokémon sword and shield as there will be a trademark for it for sure

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                        • Aidy
                          Aidy commented
                          Editing a comment
                          If it's trademarked then it isn't a "leak" as all trademarks are publicly available
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