Forum Overview :: Gamerasutra :: This provision is illegal (or essentially unenforceable)

[quote name="Commander Tansin A. Darcos"]Technically, Federal Trade Commission regulations <i>require</i> that sponsored content be identified as such. Since federal law, or federal regulations require someone to admit when they have been sponsored to provide content, any provision imposing a "gag order" or requiring someone to hide that they have been compensated to endorse a product or service is unenforceable. They can't get a refund nor damages and the courts would dismiss any lawsuit, possibly with court costs and attorney's fees imposed against Microsoft for demanding a class of conduct that is prohibited by law. It's considered a "provision against public policy," and Microsoft would not be able to enforce it. Like a real estate covenant prohibiting someone from selling their property to a negro or a Jew. It's not illegal to have the provision in your deed or your sales contract or bill of sale, but the courts will not enforce it or allow the sale to be voided for violating the covenant. You can sue someone for damages and get a judgement if you hire them to help paint your house. You can't get damages or a judgement if you hire them to help paint unauthorized graffiti on someone else's house. It's legal (and enforceable) for me to hire someone to knock down my mail box. It is a violation of federal law for me to hire someone to knock down someone else's mail box.[/quote]