Forum Overview :: Gamerasutra
 
This provision is illegal (or essentially unenforceable) by Commander Tansin A. Darcos 01/21/2014, 4:58pm PST
Technically, Federal Trade Commission regulations require 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.
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"Why I Leaked the XB1M13 Agreement" by Mysterio 01/21/2014, 3:03pm PST NEW
    This provision is illegal (or essentially unenforceable) by Commander Tansin A. Darcos 01/21/2014, 4:58pm PST NEW
        Correction by Commander Tansin A. Darcos 01/21/2014, 5:01pm PST NEW
        This is why Payola is actually legal by Commander Tansin A. Darcos 01/21/2014, 5:08pm PST NEW
            SHUT. THE FUCK. UP. NT by Caltrops Cares 01/21/2014, 8:22pm PST NEW
            This kind of actually happened by Commander Tansin A. Darcos 01/25/2014, 10:00am PST NEW
                Payola? by is that a technical term 01/26/2014, 8:12am PST NEW
                    That is the exact term in the radio industry for it, yes. NT by Last 01/27/2014, 3:08pm PST NEW
                Could it be possible that you took a joke... literally? NT by Isn't that what autists do? 01/27/2014, 2:47pm PST NEW
                    You never even read what I wrote by Commander Tansin A. Darcos 02/01/2014, 6:40pm PST NEW
                        Nobody here ever reads what you write. Ever. NT by WITTGENSTEIN 02/01/2014, 6:41pm PST NEW
        Interesting, thanks Paul. NT by Mysterio 01/22/2014, 2:08am PST NEW
    Just Sign Here by NDA 01/21/2014, 6:56pm PST NEW
    E3, PAX and Comic-Con have all done similar ad campaigns through Machinima NT by Whores indeed 01/21/2014, 8:34pm PST NEW
        Whores, all NT by - 01/22/2014, 10:37am PST NEW
        Those included a provision where they had to state it was a paid deal NT by jeep 01/22/2014, 6:47pm PST NEW
 
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