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#Gaming

1/22/2014 4:58:41 PM
6

The machinima/xbone scandal

[url]http://www.cinemablend.com/games/Microsoft-Machinima-Xbox-One-YouTube-Promotion-May-Unlawful-According-FTC-Guidelines-61735.html[/url] ^^^ This pretty much explains the whole controversy, and there are other threats in this forum that provide a view on the matter. What I'm more concerned about is how lots of people are so lax about this, even despite this apparently being [i]illegal[/i]. Whats even more disturbing is that people say this happens all the time and that its nothing important. Really? I know its happened before, and the fact thats its viewed normal means that its just gonna increase. Pretty soon the only firm of legitimate games journalism will be from amateur youtube let's plays. Im not saying that everyone should be up in arms about this and creating petitions and mobs; the Xbox one policies and Apple maps scandals were greatly challenged mostly by critical comments on the internet. Just blowing it over wont do anything.

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  • Edited by Luis: 1/23/2014 3:53:28 AM
    It's called advertising,and if you noticed machinima already support XB,like how ign support PS

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    • It's really Machinima's fault. At least officially.

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      • Edited by JLx24: 1/22/2014 6:41:36 PM
        Nothing done by Microsoft was illegal. Is it illegal to pay someone to say only positive things about your company/ product? No Is it illegal to not disclose the fact that you are part of a promotion by a company? Yes Was this done? Yes Did Microsoft's NDA require that they not disclose the fact that they are part of the promotion? No Terms quoted in article: [quote]“You agree to keep confidential at all times all matters relating to this Agreement, including, without limitation, the Promotional Requirements, and the CPM Compensation, listed above. You understand that You may not post a copy of this Agreement or any terms thereof online or share them with any third party (other than a legal or financial representative). You agree that You have read the Nondisclosure Agreement (attached hereto and marked as Exhibit “A”) and You understand and agree to all of terms of the Nondisclosure Agreement, which is incorporated as part of this Agreement.” [/quote] This states that they can't disclose the requirements or amount of compensation, not that they can't disclose that they are participating in a paid promotion by Microsoft. Microsoft's lawyers aren't stupid, they know the law. If you are going to blame anyone, blame Machinima for not informing their partners that they are required to disclose the fact that they are participating in a paid promotion.

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        • Edited by nao: 1/22/2014 5:48:09 PM
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          Meh. Judging by all the responses in the other threads I'd say you're wasting your time. Most of the people here don't seem to understand the actual problem. 80% of the responses you get are "its just advertising" and "its not illegal". People don't seem to understand that the problem is not that MS paid Machinima for endorsements since that's perfectly legal (even though that's morally shitty for a "journalistic" company). The problem is with the NDA specifically preventing disclosure and the attempt at stealth advertising. Doesn't matter how many times you link or quote evidence/laws, people want to remain ignorant. Then you also have the console warriors coming into it. Bringing up Sony or Nintendo for who knows what reason. Meh. Its just not worth arguing with people about. Especially here of all places. It'll have no real impact. The people who are actually capable of understanding what's going on, already understand it. The good thing is that it was exposed, and its all out in the open. Even if Machinima/MS don't end up getting slapped on the wrists by the FTC, they've had to put disclaimers on all the videos and they'll think twice about trying this type of stuff again. So the story is pretty much over imo.

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          • But it's not actually illegal. As long as they tag MS and/or machinima or Xbox One in their videos (which they did), then it counts as informing as an endorsement. If it doesn't count that way, then most commercials in all of media are illegal. So... Yeah, this is a non-issue.

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            • there is already a thread about this...

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