beta invites another round

Pheelin · 10-17-2006, 11:35 AM

It looks like they just sent out another wave of beta invites out....

I just got mine.. finally

Khalan · 10-17-2006, 12:22 PM

And you just broke the NDA by revealing that your in beta.

Calthine · 10-17-2006, 12:33 PM

Khalan is correct; please re-read your Beta Invite Letter.

As bitchy as it sounds, I have to remind folks that violations of the NDA are against the site rules. Don't go there. Speculate all you want, but we will have to take action against violations of the NDA.

Site Rules

LFG · 10-17-2006, 12:57 PM

Quote:

Originally Posted by Pheelin

It looks like they just sent out another wave of beta invites out....

I just got mine.. finally

http://eqiiforums.station.sony.com/e...sage.id=127742

In my opinion, saying you got a beta invitation cannot violate the NDA for the reasons I stated in the linked post above. Disclosing the contents of the beta invitation or anything else involving beta would violate the NDA. But I can't see how saying you got a beta invitation is a violation of the NDA, since you could not violate any NDA by deleting the invitation after you received it and saying that. I'm just saying that, in my opinion, mentioning that you got a beta invitation by email, with nothing more, does not constitute a violation of the NDA, because you weren't bound by the NDA until you accepted the NDA by acting on it.

However, I'll honor SoE's opinion about this, whatever it may be, I'd just like a public statement I can point to.

Thank you

LFG · 10-17-2006, 01:01 PM

Quote:

Originally Posted by Khalan

And you just broke the NDA by revealing that your in beta.

There is a big distinction, as I see it, is between saying you ARE in beta, which I agree would be a beta violation, and doing what the poster did here, which is to say he received a beta invitation.

I don't believe just saying you got a beta invitation could violate a NDA, but I'll enforce that here if SoE thinks otherwise. I'd just rather have them say if they think that is a NDA violation, because reasonable people with a legal background can see this issue differently.

Yerknutz · 10-17-2006, 01:03 PM

Newp, no invite again here. Checked my spam filter as well. I won LOTS of Home Depot gift cards and lots of offers for free ringtones, but no beta invite. Oh well, it comes out in less then a month anyway, yes?

Calthine · 10-17-2006, 01:07 PM

I'm looking all over for a copy of the NDA. You'd think they'd post it.

From the DoF Beta Sign Up page:

Quote:

Please read through the Terms of Use, License, and Non-Disclosure Agreement on the registration page. If you agree to the terms listed, click the "I agree to the terms of this agreement" button. Otherwise, click the "Cancel" button.

You agree to the NDA upon applying for Beta, not upon accepting the invite.

Pheelin · 10-17-2006, 01:16 PM

sorry =(

can i say that i got an email that i havent looked at yet from eq2beta email address?

LFG · 10-17-2006, 01:20 PM

Quote:

Originally Posted by Calthine

I'm looking all over for a copy of the NDA. You'd think they'd post it.

From the DoF Beta Sign Up page:

You agree to the NDA upon applying for Beta, not upon accepting the invite.

I still don't believe that the NDA applies until you act on the beta invitation, because everything up to that point is publicly available information, and in very general terms, you often can't be bound by a contract without taking at least one step to obtain the intended benefits of that contract. It really just depends, this is an issue on which educated legal minds can disagree.

Further, as Panthera pointed out in the post I started on the SoE forum, it can also be argued that SoE has waived any right it could have to claim that the NDA was violated by anyone saying that they were in beta, since tells to and from the Beta server are enabled. You can't send a tell to anyone off the beta server without them knowing you are in beta. If they didn't want people to have that information, they would have disabled tells between the beta server and the live servers. The fact that they didn't, IMO, probably waived any right of confidentiality regarding that specific fact.

Also, as someone else mentioned, if it was a violation of the NDA to say you got a beta invitation, fansites wouldn't be allowed to say who won the contests they've had giving away beta invitations.

Calthine · 10-17-2006, 01:20 PM

/slaps Pheelin on the wrist

Don't split hairs

Stay tuned for the next exciting episode of "How can we abide by SoE's rules if they don't put them where we can read them!"

Looks like they covered thier asses by making Beta applicants agree to the NDA when they sign up. It makes anything and everything about Beta protected from the second you push the button, including the invite itself. I'm trying to get more info ('cause I'm obsessive that way).