It's in the motion linked to in the article. You might want to read it.
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FORBES: Who Leaked ‘Sword And Shield’ Secrets? Pokémon Lawyers Want To Catch ‘Em All
- Thread starter Michilin
- Start date
I'm reading some of the replies in this thread and some of you are way too... excited over people finding out about some fictional monsters two weeks early.
Great, actually. Leaks hurt people. It's a shitty thing to do. These are frickin' video games, y'all can wait a few days, weeks, or months for info.
Sounds like a term of art aka a specific legal phrase that has a specific legal definition.
It's incredible how hard it is for people to understand this. Sorry — you break NDA, you put yourself at this risk. Hope it's worth it.
More like we will sue people for doing illegal stuff they're not supposed to do. This forum sometimes lol.
I honestly wonder if Arby's gets permission from every single property they make a little craft out of for their marketing.
Boom. Exactly.
Fuck leak culture. This goes for movies too. Who the fuck reads leaked scripts of shit. See the goddamn movie after seeing trailers/reviews or don't. I find it annoying as fuck people wanna know every little bit about TROS through weakass leaks.
These two fuckboys at work today were having arguments/discussions about TROS as if the movie was already out and they'd seen it after reading some fucking leaks which may or may not be true. Fuck that. I was like hey I don't wanna hear leaks FFS and they basically proceeded to tell me anyways. Dipshits.
'Leeks HURT PEOPLE'? Have you read yourself before posting? How can a functional human being be hurt by knowing names and designs of fictional monsters some days in advance is beyond me.
Lawsuits hurt people, not leeks. In the real world I mean obviously
EDIT: of course I find it very stupid to expose oneself to such retaliation just for 2 minutes of internet fame
Very revealing post there. Leaks don't hurt fans, they hurt developers. Seems you forgot that half of the equation exists.
That's because I think the equation doesn't add up. I think that a very very small percentage of fans can be SO interested in the game to actively search up for leaks but then SO turned off by what they see to don't buy it anymore. If anything leaks probably fuel more interest in the game than what they detract
If someone cares to find info about a leak, they were already engaged with the product. Aside from that, leaks are...
1. An unreliable source of information and are often mixed with outdated info or outright lies
2. Lack important context
3. Lead to misinformation, mischaracterization, and misjudgment
4. Interfere with the actual marketing campaign (IDC if you hate corporatism; real people spend their entire days prepping for million dollar reveals and they are heartbroken when months of prep get ruined by some selfish leaker)
I have had to deal with leakers a few times in my career and it's soul crushing for everyone involved.
Man I wish TPC put this kind of effort on their game. And yeah thanks for the leak that I was able to cancel my preorder in advance (I still bought one for my daughter though instead of both of us) and able to avoid this shit show, hopefully this will continue with their next game so i'll know the product features beforehand given that GF isn't the most honest dev there is
If emotions don't matter to you then please, tell me what matters.
"the type of harm which no monetary compensation can cure or put conditions back the way they were"
They never said it wasn't either, so the assumption was that a feature that was present for 13 years at this point would be in.
"Irreparable injury" is a specific legal term; they're not being hyperbolic here. "Injury" means the company faced harm as the result of illegal or negligent actions (e.g., someone broke an NDA). "Irreparable" means that no money or compensation can fix the problem. It is a method to get injunctive relief, aka to get the court to tell someone to do or stop doing something.
If your neighbor gets angry at you and cuts down all the oak trees on your front lawn, he has inflicted an irreparable injury on you, because one can't simply pay or compensate you to regrow an oak tree in the same location with the same qualities. You would want injunctive relief in the form of a restraining order to keep that person the hell away from you. In the same way, no one can un-leak the contents of an NDA. So if an employer like Nintendo gets an injunction against an empoyee or contractor, that person could be legally barred from working in the games industry for some time.
If your neighbor gets angry at you and cuts down all the oak trees on your front lawn, he has inflicted an irreparable injury on you, because one can't simply pay or compensate you to regrow an oak tree in the same location with the same qualities. You would want injunctive relief in the form of a restraining order to keep that person the hell away from you. In the same way, no one can un-leak the contents of an NDA. So if an employer like Nintendo gets an injunction against an empoyee or contractor, that person could be legally barred from working in the games industry for some time.
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Not to mention that the leaks also resulted in some stupid manchildren sending death treats along insults to the development team; just because.
If you worked hard on something you had a passion for for 6 months with a team and was really proud of what you accomplished, and all that work was ruined because someone in your company or your company's partners leaked information, yes you would be heartbroken.
So maybe they should be taking action against those stupid manchildren.
Dang this post is ignorant. Have you ever worked hard on something or gotten behind a vision? I'm sure to the people who crunched on this they feel like all they did were make some monster doodles and made funny names lol
Yeah I wanna know how was their hard work ruined?
I perfectly get being upset but in this case like all the people who actually played the game enjoyed it and everything about the game
If the product (while leaked) disappointed X amount of people, why would those people not be disappointed with the actual product on release?
I guess that's why you're being ignorant.
Someone works on something, night and day, for years, and gives up a lot just to be a game developer.
After all that work, while they wait for launch day, but 1 person, without anyone permission, decides to take it into his own hands to spoil the works and reveal everything early.
I'm positive launch is a huge day for game developers. Everything they worked on for such a long time is finally fully revealed in what's probably a big celebration for them personally. Leaks absolute take excitement away from.
I don't care about the sales of the game, the developers don't deserve to have their stuff stuffed out in shotty leaks early out of context. It's demoralizing.
Pokemon isn't RUNIED because of these leaks, and I didn't say that. It's just absolutely shitty to be on that team and have that happen. It hurts moral and the people who created the content.
Since you seem to have so much insight into developers can you name a few who like what they worked on, have it leaked early, and were happy about it? You can't lol. Stop speaking for them.
There are tons of examples of things being leaked early, and people just flat out quitting their projects because of how much it hurts that persons drive to work.
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Do consumers of an early product automatically enter into an NDA? I agree, leaks can hurt a company. If someone signed an NDA and they break it they should be held accountable. I don't know for sure, but I would bet that a majority of the leaks about these games came from people who were sold a copy early.
So did people send death threats because of Giga Machamp? Because that's what was leaked in this case.
The only ones that have done any "irreparable injury" to the Pokémon company is the pokemon company itself.
No they didn't.
The crazies only went up in arms over the Treehouse video and the data mining, which came from an early copy of the game and wasn't a violation of an NDA.
This case is specifically about someone leaking images from the strategy guide in July months before release, revealing both brand new Pokemon from the new games but also the Gigantimax forms of various Pokemon. The strategy guide that was released only last week in hopes to keep from spoiling these things before people had a chance to play the games.
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There's lots of tweets and hell, posts on this board which can prove leaks caused damage. Any negative post about the game in advance is damage. If it caused a single person to not buy the game, they were damaged to the tune of $60.
No, consumers don't automatically enter into NDAs, but somewhere up the line someone leaked pictures of the strategy guide. That person broke their NDA, and should be held accountable to whatever extent GameFreak and the law find reasonable.
Well, that remains on the same line for me. If it was under NDA, then I don't see any problem going after them under those terms.
I agree if it was the NDA issue.
i know nothing about law but that doesn't seem proven. a negative review can't be used to claim damages. they had a massively successful launch as well.