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Old 01-21-2014, 04:18 PM
 
3,612 posts, read 4,038,124 times
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Report: Machinima Paying YouTubers for Positive Xbox One Coverage - IGN

Quote:
Machinima has reportedly offered YouTube influencers financial bonuses for promoting the Xbox One, as long as the details of said promotional agreement were kept confidential, according to Ars Technica.

The promotion, outlined in what appear to be leaked emails to popular Machinima personalities and a since deleted Tweet from Machinima's UK community manager, offered video content producers an additional $3 CPM ($3 per thousand video views) for posting videos including at least 30 seconds of Xbox One gameplay footage in the first two minutes, and a verbal mention that the console was being played. It was also stipulated that producers tag their videos 'XB1M13' and post between 3 AM ET, January 13 and 2:59 AM ET, February 10 to be eligible for payment.

To worsen what appears to be an already questionable situation, an alleged leaked copy of the promotion's terms and conditions obtained by Ars Technica specified that content creators were not to say "anything negative or disparaging about Machinima, Xbox One, or any of its games," nor were they to mention their involvement in the agreement.
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Old 01-21-2014, 04:50 PM
 
Location: Charleston, SC metro
3,518 posts, read 4,229,579 times
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Equivalent to "like our Facebook page for free coupon".
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Old 01-21-2014, 05:37 PM
 
Location: SF Bay Area
13,349 posts, read 16,514,328 times
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Quote:
Originally Posted by rorytmeadows View Post
Equivalent to "like our Facebook page for free coupon".

Not really.

Quote:
video creators "may not say anything negative or disparaging about Machinima, Xbox One, or any of its Games" and must keep the details of the promotional agreement confidential in order to qualify for payment. In other words, to get the money, video makers have to speak positively (or at least neutrally) about the Xbox One, and they can't say they're being paid to do so.
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Old 01-21-2014, 05:50 PM
 
Location: Seattle, Washington
2,534 posts, read 3,792,635 times
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Beware about posting bad reviews as well.

Company sues AZ woman over negative online review - CBS 5 - KPHO

As soon as I read this, yet another "I'm a Sony fanboi" thread by the OP this link was the first thing that came to mind.

P.S. I don't have to be paid to post about how wicked cool the XB1 is. It's got better games than PS4 too.
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Old 01-21-2014, 06:07 PM
 
Location: Charleston, SC metro
3,518 posts, read 4,229,579 times
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Quote:
Originally Posted by jaypee View Post
Not really.
If I hired an ad agency or another company to do my promotion, you'd better believe they shouldn't say anything bad about me or my company.

This seriously is not the deal people think it is.
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Old 01-21-2014, 06:24 PM
Status: "King of the World" (set 13 days ago)
 
Location: Itinerant
5,188 posts, read 3,745,742 times
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Quote:
Originally Posted by jaypee View Post
Not really.
Quote:
video creators "may not say anything negative or disparaging about Machinima, Xbox One, or any of its Games" and must keep the details of the promotional agreement confidential in order to qualify for payment. In other words, to get the money, video makers have to speak positively (or at least neutrally) about the Xbox One, and they can't say they're being paid to do so.
Oh you make it too easy...

Firstly lets get the negative or disparaging out of the way. As a paid promo, then it's perfectly legitimate to place requirements that the content and commentary not be derogatory. It doesn't demand that the content be complimentary either, it only requires that the person credit the game content as played on an Xbox One (which to be fair should be required along with the development company credit anyway).

If promotions had to be factual, then we'd have to watch commercials like "Head and Shoulders, smells like ass, doesn't do cr@p for your dandruff."

Secondly...

Can a legal contract enforce terms that cause you to perform an action that is illegal?

No... Is the correct answer.

Therefore there is nothing to see here. If someone is stupid enough to sign a contract and not understand their liability under it, and how it relates to statutory law, and federal regulation, they should not be operating in that field. It's the responsibility of the content creator to understand their liabilities under law. The two specific sections in Section 5 of the contract called out are 2. Promotion Requirements and the CPM Compensation in section 4, the NDA covers the rest. The actual duties are in section 3. Duties which contains the specifics of what the promo expects (i.e. what an individual must do to qualify for payment). I've never seen a Machinima Contract, but it's very likely that except for the last sentence in Section 2, the entirety of section 3, and the CPM compensation in section 4 the remainder of the contract appears pretty stock.

This appears to be a case of someone saw this (and probably signed it) freaked out because they don't understand the law, and ran around like a chicken with it's head cut off. The journalist saw a story (and possibly doesn't understand the law) and published said story. The hysterical masses then freaked out because "Oh Nooooeeeessss! someone might be doing something that might be illegal, or might be unfair". Well it's a promo, it's supposed to be unfair, which would be why it's called a promotion.
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Last edited by Gungnir; 01-21-2014 at 06:26 PM.. Reason: Section numbering
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Old 01-21-2014, 06:29 PM
 
3,612 posts, read 4,038,124 times
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Default Scandal

This looks really bad as it appears opinion leaders are being paid to surreptitiously promote the Xbox One.

Doesn't everything surrounding the Xbox One just feel dirty now? Probably bad karma on Microsoft for helping the NSA spy on innocent U.S. citizens.

At this point the Xbox One is dead to me as I can't trust anything about it.
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Old 01-21-2014, 06:52 PM
 
Location: Charleston, SC metro
3,518 posts, read 4,229,579 times
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Quote:
Originally Posted by Grizzmeister View Post
This looks really bad as it appears opinion leaders are being paid to surreptitiously promote the Xbox One.

Doesn't everything surrounding the Xbox One just feel dirty now? Probably bad karma on Microsoft for helping the NSA spy on innocent U.S. citizens.

At this point the Xbox One is dead to me as I can't trust anything about it.
Take the tin foil off and get real. You do know that Fox News promotes a conservative agenda right? You do know that you can pay Google to be higher on results, right? You do realize that Facebook mines your personal information for advertising and Facebook groups sell your personal information to other companies, right?

Take the blinders off. Welcome to Earth.

Also, everyone knows the NSA is tapping all PS4 mics, since more terrorists play PS4 than any other system.
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Old 01-21-2014, 07:08 PM
Status: "King of the World" (set 13 days ago)
 
Location: Itinerant
5,188 posts, read 3,745,742 times
Reputation: 4060
Quote:
Originally Posted by Grizzmeister View Post
This looks really bad as it appears opinion leaders are being paid to surreptitiously promote the Xbox One.

Doesn't everything surrounding the Xbox One just feel dirty now? Probably bad karma on Microsoft for helping the NSA spy on innocent U.S. citizens.

At this point the Xbox One is dead to me as I can't trust anything about it.
Oh the drama... Have you torn your bodice and beaten your breast yet...?

Do you think opinion leaders are not being paid to promote? They have been for centuries, at least Microsoft haven't killed an elephant to illustrate the dangers of Alternating Current. Are you really that naive? It's so bad it only resulted in $3750 in payments, if it's as bad as you're making it out to be, then it was money well spent.

The NSA have had the "help" of Microsoft, RSA, Google, Apple, Cisco, Palm, Verizon, AT&T, Sprint, T-Mobile, Comcast, Amazon, Sony, Dell, HP, and pretty much any tech company you can shake a stick at unless you're living under a rock with zero data comms someone has shafted you, however because the NSA is an organ of the US government and the US government only derives it's power from the people technically you shafted yourself. However all that help was performed under threat (except good old RSA who performed under the age old tactic of bribery). The issue isn't the companies, it's the people of the US, and the NSA, take responsibility for it and place the blame where it should lie. However if you're looking for a convenient stick to beat Microsoft with, that's fine, but remember the same stick can also be used to beat every one of the companies mentioned, and all others that are unmentioned too.
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Old 01-21-2014, 07:10 PM
 
3,612 posts, read 4,038,124 times
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Quote:
Originally Posted by rorytmeadows View Post
Also, everyone knows the NSA is tapping all PS4 mics, since more terrorists play PS4 than any other system.
I LOL'ed when I read this. PS4 - official game console of radicalized extremist.

Yes paying a celebrity to promote your product is completely acceptable but hiring amateur reviewers to promote a product and not allowing them to disclose the fact that they're paid advertisers is not cool. In fact, it smacks of desperation.
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