A streamer violated a NDA agreement and had his whole Origin Library of games removed

[Shirani]

This is scary. I would have understood if he was permabanned from the Anthem closed alpha and the game itself when it fully came out but this was an EXTREME reaction and calls into question whether we own our games on steam and elswhere since they are digital in nature.

[SpunkyJones]

You don’t own any games, you have licenses that allow you to play the game. Don’t violate the license would be the morale of this story,

[Matt]

Comparing an NDA violation on Origin to game ownership in Steam is like saying because it's raining outside it must be Saturday. Your point completely makes no sense.

If you want to understand game ownership, that's fine. Please refer to the Steam EULA for those details.

[Zefar]

Originally posted by RippingFawn84:

Remember kids, Origin, not even once.

Don't sign a NDA(Non Disclosure Agreement) from the company you have your games on and then violate it.

Companies sometimes use NDAs when people quit a certain type of work and if they still decide to give away information they get sued for millions.

So any normal user on Origin will never ever experience this.

[cinedine]

Originally posted by RippingFawn84:

Remember kids, Origin, not even once.

Or just don't break contract agreements you signed?

Did this streamer even pay for anything on the account or was it all provided by EA for free under some influencer programme?
Did the NDA contained a clause like that which the streamer blissfully ignored?

So no, not an extreme reaction. Just one side of the story and playing the victim card.

[feytharn]

Originally posted by cinedine:

Originally posted by RippingFawn84:

Remember kids, Origin, not even once.

Or just don't break contract agreements you signed?

Did this streamer even pay for anything on the account or was it all provided by EA for free under some influencer programme?
Did the NDA contained a clause like that which the streamer blissfully ignored?

So no, not an extreme reaction. Just one side of the story and playing the victim card.

This. People loose well paid jobs for breaking NDAs, penalties usually amount to a few thousand Dollars/Euros. Loosing your game account is hardly an extreme penalty.

[Crashed]

Don't you mean lose/losing?

[wuddih]

that was not a "streamer". deliberate clickbait that worked for a short time.

you had to scroll through the following before you could accept it with a checkbox that you have read it:

Alpha Agreement

Welcome to EA. We hope you enjoy participating in the Alpha Program, which includes access to pre-release product, EA Virtual Currency (defined below in Section 3), and In-Game Content (collectively, the “Alpha Materials").

Your participation in the Alpha Program is governed by this Agreement, and EA’s User Agreement (terms.ea.com) and Privacy and Cookie Policy (privacy.ea.com), which are incorporated by reference (collectively, the “Alpha Agreement Terms”). This Agreement is between you and the EA entity listed in the EA User Agreement.

By participating in the Alpha Program, you agree to the ALPHA AGREEMENT Terms. IF YOU DO NOT AGREE, DO NOT install or use THE ALPHA MATERIALS, OR PARTICIPATE IN THE ALPHA PROGRAM.
1. Alpha Program Participation Requirements

By participating in the Alpha Program, you agree that:

A. Your access to the Alpha Program begins once you install or access the Alpha Materials, and ends when the Alpha Program expires unless extended or terminated earlier.

B. An Internet connection and EA Account may be required to participate in the Alpha. To create an EA Account, you must provide a valid email address. You must be eligible to participate in the Alpha Program and be a resident of a country where participation in the Alpha Program is permitted.

C. You are 18 years of age or older.
2. License

Your use of the Alpha Materials is subject to all license and other terms described in the EA User Agreement.
3. Virtual Currency and other In-Game Content

EA may offer virtual or fictional points, coins, or currencies (“EA Virtual Currency”) in the Alpha Program. When you obtain this EA Virtual Currency, you receive a limited, non-assignable, non-exclusive, revocable license to access and select from in-game products, services, assets, or content (“EA In-Game Content”) that EA expressly makes available in the Alpha Program. The EA User Agreement contains additional terms that apply to your access and use of EA Virtual Currency and EA In-Game Content.

The Alpha Program and Alpha Materials will run in a test environment, and characters, achievements, progress, features, EA Virtual Currency and EA In-Game Content that you obtain while participating in the Alpha Program may be erased, updated or modified at EA's sole discretion, at any time and without notice to you. EA does not guarantee that any particular EA Virtual Currency or EA In-Game Content will be available at all times or at any given time. These items may not be accessible after the Alpha Program ends, or after commercial launch of the game.
4. Reviewing and Evaluating Alpha Materials

Your participation in the Alpha Program is voluntary, done for your personal enjoyment, and does not constitute employment or an offer of employment between you and EA. EA does not ask or require you to work a certain number of hours or shifts to participate in the Program. EA expects you only to use your leisure time to participate in the Alpha Program, and does not expect you to forego other activities, including gainful employment. Your participation in the Alpha Program and any feedback, suggestions and comments you give EA (such as bug reports and test results) (“Feedback”) do not entitle you to receive compensation of any kind.

EA shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback, and you grant EA a license to attribute such Feedback to you. You grant EA the right (but not the obligation) to use the Feedback for any purpose, including in any products, marketing, or other media, without your approval or notice, and without compensating you. You represent and warrant that (1) you have the right to enter into this Agreement and assign and grant these rights; and (2) any Feedback provided by you is your original work and does not infringe any third party intellectual property rights.

By participating in the Alpha Program, you agree to receive communications by email about your participation in the Alpha Program, including to solicit Feedback, even if you have not agreed to receive general EA marketing email.

5. Termination

This Agreement is effective until terminated by you or EA. EA may terminate your EA Account as well as your access to the Alpha Program and Alpha Materials if you violate this Agreement or any of the Alpha Agreement Terms. Sections 1-10 of this Agreement survive termination of this Agreement.

6. Relief and Indemnity

You agree that a breach or threatened breach of this Agreement will cause EA irreparable injury, that money damages would be an inadequate remedy, and that EA shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened breach.
7. Use of Data

When you participate in the Alpha Program, EA may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Alpha Materials usage, gameplay and usage statistics, system interactions and peripheral hardware. If you participate in the Alpha Program offline, this data will be stored on your device and transmitted to EA when your device connects to the Internet. EA uses this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, and troubleshoot bugs or enhance your experience.

You should not disclose your personal information in your public communications within the Alpha Materials. EA is not responsible for information that you choose to communicate to other users within the Alpha Program, or for the actions of other users. EA reserves the right to monitor this content and communications.
8. Confidentiality

All Alpha Materials and information you provide EA in connection with the Alpha Program are EA “Confidential Information.” Confidential Information includes: (1) Information about, within, or sent through the Alpha Materials and the Alpha Program, including (a) the performance, capabilities and content of the Alpha Materials; and (b) Feedback from you, other Alpha Program Participants, or EA employees; and; and (2) Information about EA’s products, services or business operations.

You may not share, publish, disclose, distribute, transmit, post or make available, directly or indirectly, Confidential Information to any third party, until EA publicly releases the product(s) or content you are reviewing. However, you may disclose the existence of the Alpha Program and that you are a member of the Alpha Program.
At EA’s request, you must return to EA any and all copies of the Alpha Materials delivered to you.
9. Alpha Materials

To access and use Alpha Materials on Sony PlayStation 4, you may need to register with the serial code enclosed with the Alpha Materials or otherwise provided to you by EA.

The Alpha Materials may use Origin Online Activation, and also may use Sony DADC Austria AG’s Denuvo content protection technology, as described in the EA User Agreement.

EA Anti-Cheat Technologies. EA may use its own anti-cheat technologies in connection with the Alpha Program. When you connect online to a game server, these technologies will activate and monitor your game play, the game files associated with the Alpha Materials and your computer’s RAM. These technologies detect cheating and any unauthorized third-party programs running concurrently with the Alpha Materials and any modifications to the Alpha Materials’ files enabling or facilitating cheating. An unauthorized third-party program is any third party program or file (such as a “addon”, “mod”, “hack”, “trainer”, or “cheat”) that EA believes (i) enables or facilitates cheating of any type: (ii) allows users to modify or hack the Alpha Materials’ interface, environment, or experience in any way not expressly authorized by EA: or (iii) Intercepts, “mines”, or otherwise collects information from or through the Alpha Materials. When you disconnect from the game server, these anti-cheat technologies will be deactivated.

If our systems detect cheating, we may collect relevant information, including your EA Account name, details about any unauthorized third party programs and the Alpha Materials files modification detected, and the time and date the cheating was detected. If we determine you have been cheating, we also may terminate your participation in the Alpha Program and, in some cases, your EA Account.
10. Warranty

YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE ALPHA MATERIALS MAY CONTAIN ERRORS AND DEFECTS, AND ARE NOT FINAL PRODUCTS. EA DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR THE ALPHA PROGRAM OR THE ALPHA MATERIALS.

EXCEPT AS STATED ABOVE, ALL STATUTORY WARRANTIES AND PROVISIONS RELATING TO LIABILITY AND EXPORT RESTRICTIONS ARE SET OUT IN THE EA USER AGREEMENT.
11. Changes to this Agreement

If we revise terms affecting existing elements of the Alpha Program, these changes shall be effective thirty (30) days after we send you email notice. If we add new terms to the Alpha Program, these terms are effective immediately after we have sent you an email notice. Your continued use of the Alpha Materials means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to accept material changes to this Agreement and you decline to do so, you may not be able to continue to use the EA Alpha Materials provided.

that is a relatively short piece of text and everyone with a mild advanced reading ability should have seen the 2 paragraphs that will result in what he experienced.
i leave the other paragraphs out that hold him liable for monetary damages.

i correct it again, that was not a streamer, every who can call himself streamer earns his bread and butter with that and by that is a professional. that guy was not even affiliated with twitch but had 1k+ viewers because he streamed a prohibited game. might get his twitch accounts also banned.

[Tito Shivan]

5. Termination

This Agreement is effective until terminated by you or EA. EA may terminate your EA Account as well as your access to the Alpha Program and Alpha Materials if you violate this Agreement or any of the Alpha Agreement Terms. Sections 1-10 of this Agreement survive termination of this Agreement.

That's why it's important to read these things. Specially if you have a monetary investment.

This clause is interesting though:

6. Relief and Indemnity

You agree that a breach or threatened breach of this Agreement will cause EA irreparable injury, that money damages would be an inadequate remedy, and that EA shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened breach.

Breaking an NDA is something really serious. It might have a professional effect. Good luck finding any job workin in certain sectors if you're an employee with an NDA breach on your resumé (although we're talking about a 'game beta NDA' )

I personally wouldn't break something that could get EA's legal team startled. Think about all the money EA put into developing and marketing the game... And a bunch of that could go down the drain because someone streamed a non-finished copy that can lead to wrong assumptions of what or how's the game. I'd imagine they'd be angry at that.

That guy is probably going to have a hard time getting close to any private beta from now on.

I think the moral of the story is: Responsibility.

[Start_Running]

When you sign a Legal agreement. It is advised that you avoid breaking it.

[werhsre334]

Yeah, comon what did you expect? If games companies just let everyone have an "oopise" moment cause they didn't read the agreement they'd be in trouble.

♥♥♥♥♥♥ situation for all parties, but the streamer did it.

I'm sure games companies don't like permabanning customers but, really what would you have them do? Stuff like this has real consequences to real people that make games.

You don't get to be lazy in situations like this and then expect lenency.

[Sleepy Yoshi]

If you actually watch the Twitch vod, you'll find he only had Athem on the account. So he only lost access to the Alpha. But had he had other games, then the NDA does spell out losing your Origin account.

This is another example of why you shouldn't take game 'journalism' at face value as the articles are 'technically' true, but conveniently leave out he only had Anthem to begin with.

[Kaytzalcoatl]

Not an extreme reaction when it's what was in the agreement to begin with.

[Winged One]

not an extreme reaction, actually as far as NDA breachs going he got off a bit easy compared to most..

and you don't "own" any software, you only own a license to use it.. that is not true with just games, but every commercial software

[AbedsBrother]

There is no way to see that the dude actually had a library to lose. His Origin library is obscured by pop-ups and whatnot. For all we know, he made a special Origin account just for the purpose of playing the closed alpha and had no other items registered to his Origin account.

Here's the video, for those wondering.
https://clips.twitch.tv/GlamorousEntertainingDurianAMPEnergyCherry

The post on Reddit about this topic was removed from KiA for violating Rule 7, which is: Don't Post ♥♥♥♥♥♥♥♥.

[Winged One]

Originally posted by AbedsBrother:

There is no way to see that the dude actually had a library to lose. His Origin library is obscured by pop-ups and whatnot. For all we know, he made a special Origin account just for the purpose of playing the closed alpha and had no other items registered to his Origin account.

Here's the video, for those wondering.
https://clips.twitch.tv/GlamorousEntertainingDurianAMPEnergyCherry

The post on Reddit about this topic was removed from KiA for violating Rule 7, which is: Don't Post ♥♥♥♥♥♥♥♥.

leave it to a twitch chat to clip that :P

but what did he expect? trying to get some Stream cred by virtually backstabbing a company?

what did he think would happen?


"well we warned this guy ahead of time, hey Paul you wanna hit the kill switch or should I?"