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This topic has moved here: Subject: Why can't BUNGiE sue IGN? Or can they?
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Subject: Why can't BUNGiE sue IGN? Or can they?

Bungie can't sue IGN because as a media outlet, IGN is protected by the First Amendment.

Bungie could sue whoever leaked the images. But since the images are most certainly "newsworthy" and they represent a "legitimate public interest", they can be published.

  • 11.29.2012 3:59 PM PDT

"I firmly believe that any man's finest hour, the greatest fulfillment of all that he holds dear, is that moment when he has worked his heart out in a good cause and lies exhausted on the field of battle- victorious"

I think that Bungie released these images to get the hype ball rolling. If it is a part of their marketing plan, then they did an awesome job at drumming up the community.

  • 11.29.2012 4:03 PM PDT

Ugh...

First on a BWU.. yeah, I'm cool.

ODST;MYTHIC Screenshot winner! One of the first to get their hands on the mythic map pack.

Kinda disappointed Bungie didn't get to release it themselves, but to sue, that's extreme. I don't think Bungie would confirm for IGN some stuff...

Bungie seems to be taking this leak pretty well.

  • 11.29.2012 4:05 PM PDT

Posted by: A Bit Of Zero
This thread would have appealed to me more if it was written with crayons.
Posted by: King Dutchy
I broke one of the cords for my X11s because I couldn't get past the final American course in Doritos Crash Course.

Who ever signed the NDA and then passed the info on is responsible (I think it was some sort of marketing company). IGN are in no way accountable, Im sure the guy who originaly leaked the info is getting a roasting from his bosses.
Im sure Foman - Ace Attorney will have something to say about it.

[Edited on 11.29.2012 4:09 PM PST]

  • 11.29.2012 4:06 PM PDT
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Destinypedia - The Wiki for Bungie's Destiny
Posted by: DEATHPIMP72
Anyone but Foman. He smells like cheese.

Posted by: SkilPhil
Im sure Foman - Ace Attorney will have something to say about it.
You and everyone else pretty much covered it. Though coolmike is incorrect; the First Amendment does not apply to this situation.

  • 11.29.2012 4:16 PM PDT


Posted by: x Foman123 x
Posted by: SkilPhil
Im sure Foman - Ace Attorney will have something to say about it.
You and everyone else pretty much covered it. Though coolmike is incorrect; the First Amendment does not apply to this situation.


It doesn't?

As someone taking a legal writing class right now, could you explain this more? It might come in handy later. Is it because Bungie is a company, and what I said is about individuals?

  • 11.29.2012 4:22 PM PDT

In a time long past, the armies of the dark came again to the lands of men. Their leaders became known as the fallen lords, and their terrible sorcery was without equal in the west.
In 30 years they reduced the civilized nations into carrion and ash. Until the free city of Madrigal alone defined them. An army gathered there, and a desperate battle was joined against the fallen
Heros were born in the fire and bloodshed of the wars which followed and their names and deeds will never be forgotten


Posted by: coolmike699

Posted by: x Foman123 x
Posted by: SkilPhil
Im sure Foman - Ace Attorney will have something to say about it.
You and everyone else pretty much covered it. Though coolmike is incorrect; the First Amendment does not apply to this situation.


It doesn't?

As someone taking a legal writing class right now, could you explain this more? It might come in handy later. Is it because Bungie is a company, and what I said is about individuals?


Actually, the U.S Supreme court ruled that corporations are individuals too.

  • 11.29.2012 4:24 PM PDT

ISU Cyclones!

At worst I think the guy who lost/gave away the drive would be in for some discipline at his job. Not really worth going draconian on them but for whatever group Bungie went through that caused the leak it's unlikely they'll go through them again.

  • 11.29.2012 4:46 PM PDT

Posted by: Enormous Corgi
Posted by: Unanimate Objec
There's no way Nate Hawbaker's favorite hero is Alan Stuart


ALAN IS A BEAUTIFUL MAN!


Posted by: RighteousTyrant
Posted by: Make117
IGN has every right to publish images people give them. It's the person who leaked the pictures they should be suing.
This.

People can hate IGN for whatever reason they wish (I happen to have my own), but disparaging them for doing their job is pants-on-head stupid.


What are you trying to say about pants-on-head people?

  • 11.29.2012 4:48 PM PDT

Key


Posted by: Unanimate Objec

Posted by: RighteousTyrant
Posted by: Make117
IGN has every right to publish images people give them. It's the person who leaked the pictures they should be suing.
This.

People can hate IGN for whatever reason they wish (I happen to have my own), but disparaging them for doing their job is pants-on-head stupid.


What are you trying to say about pants-on-head people?


That they're pants-on-head stupid.

©

  • 11.29.2012 5:07 PM PDT

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They can't sue them, but tell them to remove any info about it.

It's like movies, sometimes trailers gets leaked online and so these huge Hollywood companies just takes down videos asking.

  • 11.29.2012 5:13 PM PDT

Half Man.
Half Horse.
Half Machine.
All "Jerk Who's Really Bad at Math."

PS
No, I do not want to join your clan/group.

IGN never signed an NDA and therefore cannot be sued over this. Bungie can request that they retract the article and remove all the pictures from the site, but IGN could refuse if they wanted.

Now, the person who gave IGN all this info...they did agree to an NDA and can be sued.

I'm as happy to see information on Destiny as anyone, but this isn't quite the way I wanted it; to me, a leak like this cheapens it somewhat.

  • 11.29.2012 5:28 PM PDT

Per Audacia Ad Astra!


Posted by: Adelie

Posted by: Quantam
I still believe Bungie intentionally leaked the images, to start the hype train.

It basically happens with every game now.

I wouldn't be surprised. Do we know anything about this mystery source who obtained a few pieces of high-quality concept art before the game was even officially announced? A beta tester leaking some details about Skyrim DLC a week before release is one thing...this is quite another.

I have a feeling this site is going to become very busy in the coming weeks. I look forward to it.


It's obvious to me it was part of "the plan".

  • 11.30.2012 12:29 AM PDT
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Posted by: coolmike699

Posted by: x Foman123 x
Posted by: SkilPhil
Im sure Foman - Ace Attorney will have something to say about it.
You and everyone else pretty much covered it. Though coolmike is incorrect; the First Amendment does not apply to this situation.


It doesn't?

As someone taking a legal writing class right now, could you explain this more? It might come in handy later. Is it because Bungie is a company, and what I said is about individuals?

1st amendment deals with government legislation against press.

One company suing another is civil in nature and falls under tort law.

[Edited on 11.30.2012 12:47 AM PST]

  • 11.30.2012 12:46 AM PDT

"I'm uncomfortable."
-True Underdog
Young Grasshopper of The Year: ChorrizoTapatio 2012

A little bit of sausage, a little bit of hot sauce, a whole lot of awesome. Have a question? Ask me!
Chapter

Meh, not their fault and I think Bungie understands. The only person who should be getting into trouble is the person who supplied them with the photos and info.

  • 11.30.2012 12:48 AM PDT

Warning: You may find that my, or someone else's opinion does not comply with yours. Side effects of disagreement may include (but are not limited to): flaming, irrational behavior, broken keyboards, and/or nervous sweats. If you experience any of these symptoms refrain from communicating with others until the symptoms have subsided.

Even if Bungie could sue, I don't think they would...

I think at least most people in the press feel more or less the same about leaks as us, but in the end, what are you gonna' do, not publish the story? Bungie realizes, as much as anyone, that this is how these guys make their money. In the end, it's nothing that is going to completely ruin the game; it's not some major story spoiler.

Sure, it might make the official reveal a little less spectacular for some, but I think it's safe to say most of us are still just as, if not more, excited now. I don't think Bungie is too incredibly worried about it, and I don't think we should be either.

[Edited on 11.30.2012 1:12 AM PST]

  • 11.30.2012 1:10 AM PDT

First in social ranked firefight campaign competitive and ODST goose splatters.
My other account is UrbanTwisticle
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Check out my YouTube Channel

The way they can control them is to take information that they would have taken to IGN to a different outlet.

  • 11.30.2012 1:27 AM PDT

"Wake me...when you need me."


Posted by: lime013
It's not a big deal; all is well.

  • 11.30.2012 6:38 AM PDT

"Wake me...when you need me."


Posted by: Butane123
Posted by: coolmike699

Posted by: x Foman123 x
Posted by: SkilPhil
Im sure Foman - Ace Attorney will have something to say about it.
You and everyone else pretty much covered it. Though coolmike is incorrect; the First Amendment does not apply to this situation.


It doesn't?

As someone taking a legal writing class right now, could you explain this more? It might come in handy later. Is it because Bungie is a company, and what I said is about individuals?

1st amendment deals with government legislation against press.

One company suing another is civil in nature and falls under tort law.


It isn't limited to the press nor was it designed for the press exclusively. Rather, it was to prevent the government from being able to stop private citizens and private groups from expressing their displeasure with the government via published material, oral delivery and distributed propaganda (i.e. leaflets and pamphlets). Freedom of speech applies STRICTLY to the government and private citizens speaking about the government.

Private companies, institutions and other entities can set and apply their own rules and regulations and the First Amendment does not apply.

  • 11.30.2012 6:41 AM PDT

i c u thar c' ing my signiture

Yours in _Kai_


Posted by: Recon Number 54
Posted by: spartain ken 15
Or IGN can give them a good review for free

*wink, wink

Pffft.

For an ongoing supply of jerky, I would let a press outlet say just about anything about me.

THIS JUST IN!! Recon is now the most interesting man in the world and is about to become the #1 bachelor of ALL TIME!!!! He is definitely a force to be reckoned with!



...jerky please?

  • 11.30.2012 6:56 AM PDT

Because thats bad form.

  • 11.30.2012 6:57 AM PDT

Posted by: AngryBrute1
Oh yeah, since somebody does not believe what YOU believe; that makes us vapid...
I cannot grasp that what you call "Something happened to nothing, and that nothing became something, and it was smaller than than a period."

If it was posted on B.net first, then no, I doubt it.

  • 11.30.2012 6:58 AM PDT


Posted by: CanineThewolvie

Posted by: Adelie

Posted by: Quantam
I still believe Bungie intentionally leaked the images, to start the hype train.

It basically happens with every game now.

I wouldn't be surprised. Do we know anything about this mystery source who obtained a few pieces of high-quality concept art before the game was even officially announced? A beta tester leaking some details about Skyrim DLC a week before release is one thing...this is quite another.

I have a feeling this site is going to become very busy in the coming weeks. I look forward to it.


It's obvious to me it was part of "the plan".


I have very high doubts about that. Especially the statement, "It basically happens with every game now." I really don't think tons of games intentionally leak their stuff.

The reason this got leaked was because the images were given to a marketing company and one guy got greedy. That's the case most of the time.

  • 11.30.2012 8:11 AM PDT

Old School


Posted by: RighteousTyrant
Posted by: Make117
IGN has every right to publish images people give them. It's the person who leaked the pictures they should be suing.
This.

People can hate IGN for whatever reason they wish (I happen to have my own), but disparaging them for doing their job is pants-on-head stupid.


Sue him for what? i dont think bungie has incurred monetary loses because of this. The only thing that would happen would be firing the guy who broke his NDA

  • 11.30.2012 8:24 AM PDT
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Posted by: Make117
IGN has every right to publish images people give them. It's the person who leaked the pictures they should be suing.


This. Whoever violated the NDA, is the person that would be sued. But often it is impossible to determine who leaked them.

  • 11.30.2012 8:34 AM PDT

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