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