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this post was submitted on 12 May 2024
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Sure I agree that would be wrong. But I also think that would be unenforceable.
What makes you think that? The language is fairly boiler plate and easily enforceable. We, "the company", give you, "the creator", an asset, "a free game copy", under the condition that you promise not to do or say anything that could diminish the value of the asset. Not only is it enforceable, it leaves room for compensatory damages if you are found in breach of contract.
I haven't read the entire agreement, so I don't really know nor do I care to. But I suspect that it would squarely fall under protected speech once the game has gone public and they've "purchased" it.
What exactly do you mean by "protected speech"?
Protected by the law.
Which law?
I ask, because many times people point to the first amendment for things like this, but that doesn't apply here.
The CRFA.
Just like truth in advertising laws exist, some restrictions are rightly placed on free speech in the interest of consumer protection. Imo this case clearly should fall under similar consideration.