I agree that it should just be an NDA to be the most fair. But keep in mind I’m responding to someone who is claiming this is beyond egregious and that there should be laws against this.
It’s just not a big deal. It makes sense for them to say that you can’t disparage the game, because it’s in alpha, but why would they restrict good press? If you find this to be disagreeable, it’s alpha and you can just wait for release.
While I find it disagreeable, I don’t see anything to be outraged over, as avoiding it is as simple as not playing a game in alpha.
Unlike the mcdonald’s example where it is actually a released product.
I work for a video game company, and I promise you’re being far too generous about their motives. This NDA prevents press from doing press. If the alpha is bad, they’re not allowed to say how or why it’s bad, at all.
I understand exactly why they are doing it; what you say comes as no surprise. It’s 100% part of my point.
Coming from software development, including a small amount of game development, I understand how trash alphas can be, especially if you introduce users/players. So it seems reasonable that if the point of the alpha is to flush these bugs/exploits out, which is the point, then restricting the players who are allowed in from disparaging a far from complete game is not some ridiculous overreach everyone here seems to want it to be.
I’m on publisher QA side. Every so often, around this time of year, my company does closed internal playtests for games that are on the pre-alpha release candidate (usually it’s the ones they expect to be blockbusters). Generally when a pre-alpha RC is selected for this, a very small subsection of the game is highly polished to give Users an honest preview of what the devs expect the launch game to be. Obviously since it’s in alpha a lot of things will be changed and there are a lot of game breaking bugs to be found still, but the general experience should still be up for discussion if it was bad. I know it’s possible to imagine a game in alpha as released, because part of my job is to give professional feedback to the producers without ever mentioning unfinished or bugged aspects of the game.
Okay, if they want to bug test, there’s DECADES of accepted practice. Paid/intern bug hunters or playtesters, with an airtight NDA. They’re there to stress tests and find issues, there needn’t be a public facing element.
Marvel want free bug testers, and to get the hype train moving - but don’t want to pay for actual testers who work quietly, and want only positive commentary. Marvel want an astroturf campaign to push preorders, not actual genuine discussion or bug testing.
I’ve been part of public alpha releases, and generally they don’t allow streaming or public commentary, outside of the invite-only forum/discord channels - BECAUSE THEY WANT THE FEEDBACK TO FIX ISSUES.
Marvel want free bug testers, and to get the hype train moving - but don’t want to pay for actual testers who work quietly, and want only positive commentary. Marvel want an astroturf campaign to push preorders, not actual genuine discussion or bug testing.
Okay, then the problem is with the people doing the work for free, not with Marvel realizing that people will do it for free.
The issue is that the people who do this work for free are not like you, and want that early access. . .either for strictly personal reasons or because it benefits them financially (such as is the case with streamers).
You’re literally defending ‘post-truth, race to the bottom standard’ capitalism. Yes dumb consumers exist, but that isn’t a free pass for corporate exploitation or false advertising. Because this isn’t an alpha, it’s advertising.
es dumb consumers exist, but that isn’t a free pass for corporate exploitation or false advertising.
Except I didn’t see where they advertised that people were going to be able to join the alpha with no restrictions, and I don’t see this as “exploitation” at all. People want to play these games first. I don’t get why, but they do. And they are being given that opportunity.
Make people sign an NDA to playtest it, don’t release a “public closed beta” contingent on this non disparagement agreement bullshit
Most people (except for you, apparently) can see right through this kind of thing. The only reason you’d make someone sign a legally binding document saying “you’re not allowed to say bad things” is because you know there are bad things to say. If there are bad things to say and you know about them, the correct move (from both a technical and PR perspective) is to fix the bad things before allowing your game to be played publicly. Preventing people from talking about the bad things won’t magically get rid of the bad things.
Alpha testing is, by definition, testing on unreleased code. Even though they are offering the testing to some select group of people, it’s still considered un-released.
The only reason you’d make someone sign a legally binding document saying “you’re not allowed to say bad things” is because you know there are bad things to say.
False dichotomy. There is also the possibility that you realize, from experience, that when you start introducing users, unexpected shit happens.
They could do the alpha testing completely internally, or they could give some super fans pre-access with more restrictions on what they are allowed to say. Would I prefer they be able to speak their mind? Of course. But I get why the company would do this and it’s really a complete non-issue.
Sure, they could do an NDA, or they could also get free publicity. It’s reasonable for them to choose the latter, and if you don’t like it, it’s reasonable for you to wait for release.
Preventing people from talking about the bad things won’t magically get rid of the bad things.
Yeah, that’s pretty clearly not the point. They presumably want to fix the bugs without them counting against them in the court of public opinion.
Alpha testing is, by definition, testing on unreleased code. Even though they are offering the testing to some select group of people, it’s still considered un-released.
I go out of my way to explain how alphas are typically done as a games industry professional, and you’re still out here spewing the same nonsense? get outta here. This is not a defensible action by a corporation. When a game reaches alpha, the whole of the game is unready but the part used in the public playtests are extensively reviewed by QA and gets as polished as possible. When a game is at alpha stage, it’s by definition gone through multiple release candidates.
Are you arguing that alpha testing is not considered in house testing? It’s literally the definition.
The alpha phase of the release life cycle is the first phase of software testing (alpha is the first letter of the Greek alphabet, used as the number 1). In this phase, developers generally test the software using white-box techniques. Additional validation is then performed using black-box or gray-box techniques, by another testing team. Moving to black-box testing inside the organization is known as alpha release.[1][2]
Alpha software is not thoroughly tested by the developer before it is released to customers. Alpha software may contain serious errors, and any resulting instability could cause crashes or data loss.[3] Alpha software may not contain all of the features that are planned for the final version.[4] In general, external availability of alpha software is uncommon for proprietary software, while open source software often has publicly available alpha versions. The alpha phase usually ends with a feature freeze, indicating that no more features will be added to the software. At this time, the software is said to be feature-complete. A beta test is carried out following acceptance testing at the supplier’s site (the alpha test) and immediately before the general release of the software as a product.[5]Wikipedia link
I’m sure parts of the game are well polished. I’m sure some only release a small part of the game for advertising reasons. They are doing something different here maybe. I don’t really know. But this is such a non-issue that the outrage over it is laughable. Not surprising, at all, however, considering I’ve been a gamer all my life and I know how unreasonable we can be.
False dichotomy. There is also the possibility that you realize, from experience, that when you start introducing users, unexpected shit happens.
If you’re not willing to let the unexpected shit be public, don’t do a public alpha test. That’s the point everyone here is trying to make. Like, what are these streamers and content creators supposed to do when they run into a game-breaking bug, or they run into some mechanic they really dislike? Ignore it and hope no one notices, for fear of saying something “disparaging” about the game? Do you not see how unreasonable that is? We all understand that alphas are incomplete and will have bugs, and unexpected shit will happen. We all also have different opinions about what we like in video games. Them trying to hide from that, rather than just being upfront about it (like every other alpha or early access game I’ve ever played) is asinine.
They could do the alpha testing completely internally
They should do the alpha testing internally, if they’re not willing to have their product be honestly reviewed, or pay to have their product advertised.
But I get why the company would do this and it’s really a complete non-issue.
Considering that this thread exists, Seagull’s original tweet got the immense attention it did, and the studio announced hours ago that the particular clause everyone (except you) is taking issue with was a mistake that they’re looking into fixing, uh, maybe it actually isn’t just a “non-issue”?
Sure, they could do an NDA, or they could also get free publicity. It’s reasonable for them to choose the latter, and if you don’t like it, it’s reasonable for you to wait for release.
No, actually, I don’t think it’s reasonable to expect “free publicity” on the condition that the ones providing that publicity muzzle themselves if they don’t like the game. That’s exploitative behavior by this studio. Expecting free anything and then attaching unreasonable legal stipulations that you know the other party cannot fight is unethical.
Yeah, that’s pretty clearly not the point. They presumably want to fix the bugs without them counting against them in the court of public opinion.
They want to control the narrative around their unfinished video game, by trying to legally bully content creators, who have way less legal and financial leverage, into doing their bidding. That is unethical. Full stop, no I will not be taking any more questions.
I can’t help but think that if this sort of thing proliferates that it will essentially hamstring reviews. This particular agreement might be just because the game is in alpha, but it’s part of a broader trend of ToS/EULA wishlists that are so restrictive that they’re probably illegal already buy in order to test that you have to go to court against a huge, overpaid legal team which leads to people having their basic rights violated.
This is a slippery slope fallacy “if they are allowed to do something mild and legal now. . .well, it will just lead to terrible violation of our rights in the future!”
What undermines your point is that if they try to put these illegal restrictions on many people, violating their basic rights, then they are opening themselves up to large class action lawsuits.
I agree that it should just be an NDA to be the most fair. But keep in mind I’m responding to someone who is claiming this is beyond egregious and that there should be laws against this.
It’s just not a big deal. It makes sense for them to say that you can’t disparage the game, because it’s in alpha, but why would they restrict good press? If you find this to be disagreeable, it’s alpha and you can just wait for release.
While I find it disagreeable, I don’t see anything to be outraged over, as avoiding it is as simple as not playing a game in alpha.
Unlike the mcdonald’s example where it is actually a released product.
I work for a video game company, and I promise you’re being far too generous about their motives. This NDA prevents press from doing press. If the alpha is bad, they’re not allowed to say how or why it’s bad, at all.
I understand exactly why they are doing it; what you say comes as no surprise. It’s 100% part of my point.
Coming from software development, including a small amount of game development, I understand how trash alphas can be, especially if you introduce users/players. So it seems reasonable that if the point of the alpha is to flush these bugs/exploits out, which is the point, then restricting the players who are allowed in from disparaging a far from complete game is not some ridiculous overreach everyone here seems to want it to be.
I’m on publisher QA side. Every so often, around this time of year, my company does closed internal playtests for games that are on the pre-alpha release candidate (usually it’s the ones they expect to be blockbusters). Generally when a pre-alpha RC is selected for this, a very small subsection of the game is highly polished to give Users an honest preview of what the devs expect the launch game to be. Obviously since it’s in alpha a lot of things will be changed and there are a lot of game breaking bugs to be found still, but the general experience should still be up for discussion if it was bad. I know it’s possible to imagine a game in alpha as released, because part of my job is to give professional feedback to the producers without ever mentioning unfinished or bugged aspects of the game.
Okay, if they want to bug test, there’s DECADES of accepted practice. Paid/intern bug hunters or playtesters, with an airtight NDA. They’re there to stress tests and find issues, there needn’t be a public facing element.
Marvel want free bug testers, and to get the hype train moving - but don’t want to pay for actual testers who work quietly, and want only positive commentary. Marvel want an astroturf campaign to push preorders, not actual genuine discussion or bug testing.
I’ve been part of public alpha releases, and generally they don’t allow streaming or public commentary, outside of the invite-only forum/discord channels - BECAUSE THEY WANT THE FEEDBACK TO FIX ISSUES.
Okay, then the problem is with the people doing the work for free, not with Marvel realizing that people will do it for free.
The issue is that the people who do this work for free are not like you, and want that early access. . .either for strictly personal reasons or because it benefits them financially (such as is the case with streamers).
You’re literally defending ‘post-truth, race to the bottom standard’ capitalism. Yes dumb consumers exist, but that isn’t a free pass for corporate exploitation or false advertising. Because this isn’t an alpha, it’s advertising.
Except I didn’t see where they advertised that people were going to be able to join the alpha with no restrictions, and I don’t see this as “exploitation” at all. People want to play these games first. I don’t get why, but they do. And they are being given that opportunity.
If your alpha is trash, then:
Most people (except for you, apparently) can see right through this kind of thing. The only reason you’d make someone sign a legally binding document saying “you’re not allowed to say bad things” is because you know there are bad things to say. If there are bad things to say and you know about them, the correct move (from both a technical and PR perspective) is to fix the bad things before allowing your game to be played publicly. Preventing people from talking about the bad things won’t magically get rid of the bad things.
Alpha testing is, by definition, testing on unreleased code. Even though they are offering the testing to some select group of people, it’s still considered un-released.
False dichotomy. There is also the possibility that you realize, from experience, that when you start introducing users, unexpected shit happens.
They could do the alpha testing completely internally, or they could give some super fans pre-access with more restrictions on what they are allowed to say. Would I prefer they be able to speak their mind? Of course. But I get why the company would do this and it’s really a complete non-issue.
Sure, they could do an NDA, or they could also get free publicity. It’s reasonable for them to choose the latter, and if you don’t like it, it’s reasonable for you to wait for release.
Yeah, that’s pretty clearly not the point. They presumably want to fix the bugs without them counting against them in the court of public opinion.
I go out of my way to explain how alphas are typically done as a games industry professional, and you’re still out here spewing the same nonsense? get outta here. This is not a defensible action by a corporation. When a game reaches alpha, the whole of the game is unready but the part used in the public playtests are extensively reviewed by QA and gets as polished as possible. When a game is at alpha stage, it’s by definition gone through multiple release candidates.
Are you arguing that alpha testing is not considered in house testing? It’s literally the definition.
I’m sure parts of the game are well polished. I’m sure some only release a small part of the game for advertising reasons. They are doing something different here maybe. I don’t really know. But this is such a non-issue that the outrage over it is laughable. Not surprising, at all, however, considering I’ve been a gamer all my life and I know how unreasonable we can be.
If you’re not willing to let the unexpected shit be public, don’t do a public alpha test. That’s the point everyone here is trying to make. Like, what are these streamers and content creators supposed to do when they run into a game-breaking bug, or they run into some mechanic they really dislike? Ignore it and hope no one notices, for fear of saying something “disparaging” about the game? Do you not see how unreasonable that is? We all understand that alphas are incomplete and will have bugs, and unexpected shit will happen. We all also have different opinions about what we like in video games. Them trying to hide from that, rather than just being upfront about it (like every other alpha or early access game I’ve ever played) is asinine.
They should do the alpha testing internally, if they’re not willing to have their product be honestly reviewed, or pay to have their product advertised.
Considering that this thread exists, Seagull’s original tweet got the immense attention it did, and the studio announced hours ago that the particular clause everyone (except you) is taking issue with was a mistake that they’re looking into fixing, uh, maybe it actually isn’t just a “non-issue”?
No, actually, I don’t think it’s reasonable to expect “free publicity” on the condition that the ones providing that publicity muzzle themselves if they don’t like the game. That’s exploitative behavior by this studio. Expecting free anything and then attaching unreasonable legal stipulations that you know the other party cannot fight is unethical.
They want to control the narrative around their unfinished video game, by trying to legally bully content creators, who have way less legal and financial leverage, into doing their bidding. That is unethical. Full stop, no I will not be taking any more questions.
I can’t help but think that if this sort of thing proliferates that it will essentially hamstring reviews. This particular agreement might be just because the game is in alpha, but it’s part of a broader trend of ToS/EULA wishlists that are so restrictive that they’re probably illegal already buy in order to test that you have to go to court against a huge, overpaid legal team which leads to people having their basic rights violated.
This is a slippery slope fallacy “if they are allowed to do something mild and legal now. . .well, it will just lead to terrible violation of our rights in the future!”
What undermines your point is that if they try to put these illegal restrictions on many people, violating their basic rights, then they are opening themselves up to large class action lawsuits.