M$ sink to new low, literally breaking the law now

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ghostwarrior786

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#1  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

This weekend, word started leaking of a new promotion offering Machinima video partners an additional $3 CPM (i.e., $3 per thousand video views) for posting videos featuring Xbox One content.

To qualify for the campaign (and the extra payments), Machinima partners had to post a video including at least 30 seconds of Xbox One game footage that mentioned the Xbox One by name and included the tag "XB1M13."

According to a leaked copy of the full legal agreement behind the promotion, 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.

The arrangement as described might go against the FTC's guidelines for the use of endorsements in advertising, which demand full disclosure when there is "a connection between the endorser and the seller of the advertised product that might materially affect the weight or credibility of the endorsement."

http://arstechnica.com/gaming/2014/01/stealth-marketing-microsoft-paying-youtubers-for-xbox-one-mentions/

i seriously cant stand these scum bags. this isnt promotion or advertisement anymore, they are literally bribing.

major nelson taking proactive steps in spreading love and peace, 'The hate that infects gaming in the online space needs to go away' hahaha

gaming journalism folks, a very unbiased and non corruptible profession haha wat a joke

gee i wonder why?

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CrownKingArthur

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#2 CrownKingArthur
Member since 2013 • 5262 Posts

yeah i agree ghost warrior it creates a conflict of interest.

good point mate.

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Gue1

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#3 Gue1
Member since 2004 • 12171 Posts

this is nothing new.

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lglz1337

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#4  Edited By lglz1337
Member since 2013 • 4959 Posts

sad MS really sad

MS is scam

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Crypt_mx

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#5  Edited By Crypt_mx
Member since 2007 • 4739 Posts

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

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I_can_haz

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#6  Edited By I_can_haz
Member since 2013 • 6511 Posts

All these shenanigans and they are still getting destroyed by PS4 worldwide...tsk tsk.

SDC (Sony Domination Continuation)

MDC (Microsoft Desperation Continuation)

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deactivated-5cd08b1605da1

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#7  Edited By deactivated-5cd08b1605da1
Member since 2012 • 9317 Posts

Machinima svcks MS c0ck, we know

This is no news. Hell, Machinima exists because of Halo if I'm not mistaken, and gave Halo 4 GOTY in its respective year. They have some good videos but I never saw them as a credible source of information.

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ghostwarrior786

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#8 ghostwarrior786
Member since 2005 • 5811 Posts

@Crypt_mx said:

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

no, this is illegal. read the article and ftc guidelines. this is bribery 100%

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lglz1337

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#9  Edited By lglz1337
Member since 2013 • 4959 Posts

@Crypt_mx: this is what we call lying to your costumers misleading advertisement

is short MS scam

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Heil68

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#10 Heil68
Member since 2004 • 60712 Posts

Absolutely scandalous.

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CrownKingArthur

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#11 CrownKingArthur
Member since 2013 • 5262 Posts

wait a second.

legally, if they include the tag on the video XB1M13, could one argue that they've disclosed it being a promotional video?

eg: because of ghostwarrior kindly informing us, we're now fully aware of which videos are promotional 'advertorials'.

but i also think this information could slip by a lot of plebs, your average human is pretty thick. so there's still potential to mislead a lot of people.

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ghostwarrior786

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#12  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

@Vatusus said:

Machinima svcks MS c0ck, we know

This is no news. Hell, Machinima exists because of Halo if I'm not mistaken, and gave Halo 4 GOTY in its respective year. They have some good videos but I never saw them as a credible source of information.

i dont even go to machinma or youtube gaming channels but alot of kids do and this is pure deception. companies shouldnt be allowed to get away with bribery as blatant as this.

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br0kenrabbit

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#13 br0kenrabbit
Member since 2004 • 17859 Posts

@Vatusus said:

Hell, Machinima exists because of Halo if I'm not mistaken

You are very mistaken.

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ghostwarrior786

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#14  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

@CrownKingArthur said:

wait a second.

legally, if they include the tag on the video XB1M13, could one argue that they've disclosed it being a promotional video?

eg: because of ghostwarrior kindly informing us, we're now fully aware of which videos are promotional 'advertorials'.

but i also think this information could slip by a lot of plebs, your average human is pretty thick. so there's still potential to mislead a lot of people.

im hoping they dont get away with it on a technicality like that and i dont think they will because they are intentionally deceiving people. maybe if every promotion vid name started with 'xb1m13' it could be legal. i hope not

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clyde46

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#15 clyde46
Member since 2005 • 49061 Posts

This is why your system sucks.

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Mr-Kutaragi

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#16  Edited By Mr-Kutaragi
Member since 2013 • 2466 Posts

ok

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Riverwolf007

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#17 Riverwolf007
Member since 2005 • 26023 Posts

lol.

boo hoo.

they broke the law, just like every other company that does it as long as they can get away with it.

nobody has clean hands these days.

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lundy86_4

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#18  Edited By lundy86_4  Online
Member since 2003 • 61478 Posts

The link says that it "might" be breaking said FTC law. Your title is a little melodramatic.

Now, the fact that they are specifically linking themselves to MS via the publicly visible tag, sort of undermines the point.

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I_can_haz

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#19  Edited By I_can_haz
Member since 2013 • 6511 Posts

Why does this surprise you guys? This is M$ we're talking about. Sony and Nintendo wouldn't have the balls to be so blatantly obvious with bribery.

Good thing their shadiness isn't helping them outside of US. Sony is literally smoking them on every front and will continue to do so. Instead of investing in better first party or better hardware they chose this route lol, and lems still support them.

LOL @ Major Nelson having the balls to come out and tell us that the hating in the industry needs to end then turn around and do shit like this. This and DRM are the reason why PS4 is destroying Xbone everywhere as we speak. This is the reason why Xbone is a laughing stock outside of the US, and this is the reason why they will lose this gen.

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ghostwarrior786

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#20  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

@lundy86_4 said:

The link says that it "might" be breaking said FTC law. Your title is a little melodramatic.

Now, the fact that they are specifically linking themselves to MS via the publically visible tag, sort of undermines the point.

you would have to be a little more transparent than a damn tag. here is a specific example related to gaming by ftc

http://www.ftc.gov/news-events/press...ure-guidelines

Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or “blog” where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past, the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes a favorable review. Because his review is disseminated via a form of consumer-generated media in which his relationship to the advertiser is not inherently obvious, readers are unlikely to know that he has received the video game system free of charge in exchange for his review of the product, and given the value of the video game system, this fact likely would materially affect the credibility they attach to his endorsement. Accordingly, the blogger should clearly and conspicuously disclose that he received the gaming system free of charge. The manufacturer should advise him at the time it provides the gaming system that this connection should be disclosed, and it should have procedures in place to try to monitor his postings for compliance.

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Solid_Max13

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#21 Solid_Max13
Member since 2006 • 3596 Posts

Wow this is pretty low, sony had a bad start last year and accepted the wounds this is pretty scumbagish

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s0ldier69

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#22 s0ldier69
Member since 2005 • 2281 Posts

who gives a shit? No one but a few cows around here. Thats it.

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EG101

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#23 EG101
Member since 2007 • 2091 Posts

@ghostwarrior786:

How is MS decieving people?? What exactly is MS doing that is deceptive??

I am Curious because it seems a bunch of Sony fanboys are over reacting to what is essentially advertising.

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betamaxx83

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#24  Edited By betamaxx83
Member since 2013 • 360 Posts

Like people are surprised... It's how MilkingSoft does business, trying to sell a half assed console like the Xflop.

Now you know why they've been kissing Sony's ass. Yusuf Mehdi, Larry Hyrb, Marc Whitten are the three stooges of "entertainment".

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lundy86_4

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#25 lundy86_4  Online
Member since 2003 • 61478 Posts

@ghostwarrior786 said:

you would have to be a little more transparent than a damn tag. here is a specific example related to gaming by ftc

http://www.ftc.gov/news-events/press...ure-guidelines

Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or “blog” where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past, the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes a favorable review. Because his review is disseminated via a form of consumer-generated media in which his relationship to the advertiser is not inherently obvious, readers are unlikely to know that he has received the video game system free of charge in exchange for his review of the product, and given the value of the video game system, this fact likely would materially affect the credibility they attach to his endorsement. Accordingly, the blogger should clearly and conspicuously disclose that he received the gaming system free of charge. The manufacturer should advise him at the time it provides the gaming system that this connection should be disclosed, and it should have procedures in place to try to monitor his postings for compliance.

A tag is pretty transparent, especially given the fact that it's publicly disclosed that one must show said tag. This seems to be an argument of semantics, in which Microsoft seem to be quite free and clear. This could come down the other way, if legal action was taken, but i'd call that fairly clear. All-in-all, this seems pretty black and white.

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#26 shawn30
Member since 2006 • 4409 Posts

@Crypt_mx said:

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

Lol, seriously. There are so many companies doing stuff like this its outrageous. Its marketing, pain and simple in the real world of big business. People are searching for the next great conspiracy and take YouTube far to serious.

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Crypt_mx

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#27  Edited By Crypt_mx
Member since 2007 • 4739 Posts

@ghostwarrior786 said:

@Crypt_mx said:

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

no, this is illegal. read the article and ftc guidelines. this is bribery 100%

If it's illegal then why is no one stopping them?

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ghostwarrior786

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#28  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

@Riverwolf007 said:

lol.

boo hoo.

they broke the law, just like every other company that does it as long as they can get away with it.

nobody has clean hands these days.

@EG101 said:

@ghostwarrior786:

How is MS decieving people?? What exactly is MS doing that is deceptive??

I am Curious because it seems a bunch of Sony fanboys are over reacting to what is essentially advertising.

@s0ldier69 said:

who gives a shit? No one but a few cows around here. Thats it.

hahahha and here they come, a stampede of lems. i have to admit lems make sw entertaining

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ghostwarrior786

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#29 ghostwarrior786
Member since 2005 • 5811 Posts

@Crypt_mx said:

@ghostwarrior786 said:

@Crypt_mx said:

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

no, this is illegal. read the article and ftc guidelines. this is bribery 100%

If it's illegal then why is no one stopping them?

because they have to be reported first. the promotion is new and the full details have only been leaked a few hours ago.

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darkangel115

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#30  Edited By darkangel115
Member since 2013 • 4562 Posts

so advertising makes them sink to a new low? this forum's posters are so dumb its not funny

i mean you guys ever heard of this?

http://en.wikipedia.org/wiki/David_Manning_%28fictitious_writer%29

personally have nothing against sony or MS using "cheap" advertisement tactics because it falls on the idiots who believe them. if you are sold by advertising you are dumb, period. Also sony has been sued for several illegal business practices, its not like they don't do this stuff too

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shawn30

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#31 shawn30
Member since 2006 • 4409 Posts
@I_can_haz said:

Why does this surprise you guys? This is M$ we're talking about. Sony and Nintendo wouldn't have the balls to be so blatantly obvious with bribery.

Good thing their shadiness isn't helping them outside of US. Sony is literally smoking them on every front and will continue to do so. Instead of investing in better first party or better hardware they chose this route lol, and lems still support them.

LOL @ Major Nelson having the balls to come out and tell us that the hating in the industry needs to end then turn around and do shit like this. This and DRM are the reason why PS4 is destroying Xbone everywhere as we speak. This is the reason why Xbone is a laughing stock outside of the US, and this is the reason why they will lose this gen.

Sony wouldn't have the balls. This is the same company that put malware on their own devices and told you to get a second job to afford a PS3. I don't agree with the practice, but I'm far from naive enough to believe only MS is doing this. Big corporations engage in so much shady shit if you tried to look it all up you'd end up not buying anything from anyone. A non-issue.

@Crypt_mx said:

Why is it surprising that companies want to pay to have their product promoted? Isn't that just business?

Lol, seriously. There are so many companies doing stuff like this its outrageous. Its marketing, pain and simple in the real world of big business. People are searching for the next great conspiracy and take YouTube far to serious.

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Riverwolf007

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#32 Riverwolf007
Member since 2005 • 26023 Posts

@ghostwarrior786 said:

@Riverwolf007 said:

lol.

boo hoo.

they broke the law, just like every other company that does it as long as they can get away with it.

nobody has clean hands these days.

@EG101 said:

@ghostwarrior786:

How is MS decieving people?? What exactly is MS doing that is deceptive??

I am Curious because it seems a bunch of Sony fanboys are over reacting to what is essentially advertising.

@s0ldier69 said:

who gives a shit? No one but a few cows around here. Thats it.

hahahha and here they come, a stampede of lems. i have to admit lems make sw entertaining

dumbass, i have had a playstation every gen it has existed and will have another as soon as the library builds up this gen.

you are crying over some stupid bullshyt that makes no difference to anyone.

did the rootkit scandal hurt sony in the longrun?

and if they got away with that anyone can get away with anything.

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#33  Edited By betamaxx83
Member since 2013 • 360 Posts

I bet these baboons are also in agreement with NFL players to say good things about the Xflop One all you ever hear them say on Twitter is all about the Xbox One.

Dez Bryant bought fans PS4s in Dallas, than you hear him talking about the Xbox One on Twitter near the end of the season,.

Good marketing strategy, but I bet majority of them who recieved an Xflop probably through them in the garbage.

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Sushiglutton

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#35  Edited By Sushiglutton
Member since 2009 • 9853 Posts

MS know they are losing the discussion online. They are trying to bribe their way back in the game. Pretty ugly stuff, hope the YT:ers falling for this get outed and put to shame.

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ghostwarrior786

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#36  Edited By ghostwarrior786
Member since 2005 • 5811 Posts

@Riverwolf007: what does owning a ps console have to do with being a lem? i own x360 and currently 0 sony consoles, does this mean im actually a m$ fan? hahahaha and part of the reason i didnt buy ps3 until the very end (have sold few months ago) is because of their arrogance last gen.

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cainetao11

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#37 cainetao11
Member since 2006 • 38035 Posts

I have never seen anyone get paid for endorsing anything, and got to say negative stuff and still get paid. You already hated this company, TC, so even a fart is magnified to be the anti Christ by people like you.

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ghostwarrior786

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#38 ghostwarrior786
Member since 2005 • 5811 Posts

@betamaxx83 said:

I bet these baboons are also in agreement with NFL players to say good things about the Xflop One all you ever hear them say on Twitter is all about the Xbox One.

Dez Bryant bought fans PS4s in Dallas, than you hear him talking about the Xbox One on Twitter near the end of the season,.

Good marketing strategy, but I bet majority of them who recieved an Xflop probably through them in the garbage.

seriously the worst offender is geoff keighley. he never stfu about titanfall no matter what the topic is, watch the latest bonus round episode. its literally, titanfall!! why are u not buying x1? titanfall!!! does it matter sony is winning? skype!!!

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I_can_haz

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#39  Edited By I_can_haz
Member since 2013 • 6511 Posts

@shawn30 said:
@I_can_haz said:

Why does this surprise you guys? This is M$ we're talking about. Sony and Nintendo wouldn't have the balls to be so blatantly obvious with bribery.

Good thing their shadiness isn't helping them outside of US. Sony is literally smoking them on every front and will continue to do so. Instead of investing in better first party or better hardware they chose this route lol, and lems still support them.

LOL @ Major Nelson having the balls to come out and tell us that the hating in the industry needs to end then turn around and do shit like this. This and DRM are the reason why PS4 is destroying Xbone everywhere as we speak. This is the reason why Xbone is a laughing stock outside of the US, and this is the reason why they will lose this gen.

Sony wouldn't have the balls. This is the same company that put malware on their own devices and told you to get a second job to afford a PS3. I don't agree with the practice, but I'm far from naive enough to believe only MS is doing this. Big corporations engage in so much shady shit if you tried to look it all up you'd end up not buying anything from anyone. A non-issue.

Read my post again. I said, "Sony and Nintendo wouldn't have the balls to be so blatantly obvious with bribery."

This does not mean Sony doesn't get involved in shady practices it means that they aren't brave enough to have such practices so obvious to the public. Microsoft is the only company out of the big three that can pull off something this blatantly obvious. They tried it with DRM and not even a year has passed and they are up to more obvious shadiness. I'm not calling Sony saints because they are not but they are certainly not as obnoxious as M$ is.

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lostrib

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#40 lostrib
Member since 2009 • 49999 Posts

I'd imagine that MS lawyers have probably worded the contract to avoid actually breaking the law

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#41  Edited By Strutten
Member since 2008 • 1263 Posts

@ghostwarrior786: damn and yet you are here complaining about ms and sony actually since you sold off your ps3 .. lame dude lame get a new hobby, its not like it really matters to you or will even remotely do anything to you.. lay off the internet and just enjoy the meaning of gaming ffs lol.. cows these days are really something special.. let it go, 8/10 threads on page one is about ms or x1 .. you guys should be embarrased.. anyhow have a good one :)

Also: why is it bothering you this much if i may ask ? (Asking in general *this, sales and so on) its not harming you anyway or are you a shareholder ? Its just pure hatred towards a company, and i might think that you are just following "the hate wagon" without evening knowing a damn thing (like most cows/sony fanboys) just pure "hype" hate again towards a company.

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I_can_haz

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#42 I_can_haz
Member since 2013 • 6511 Posts

@Evo_nine said:

Whats this? cows jerking off on eachothers faces?

nothing new, business as usual it seems lol

Dat damage control.

When you can't cover up for M$ blame it on the "cows". Typical lem comeback.

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ReadingRainbow4

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#43 ReadingRainbow4
Member since 2012 • 18733 Posts

you've gotta take the bruises with your lumps MS.

for shame.

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#44 freedomfreak
Member since 2004 • 52426 Posts

Can't say I care.

Yes, I posted. Buy a dildo and pleasure yourself.

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silversix_

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#45 silversix_
Member since 2010 • 26347 Posts

Its a dumb company that made a dumb and useless console for dumb people that buy american products because they're american OR a stupid/blind fanboy.

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#46  Edited By GhoX
Member since 2006 • 6267 Posts

This is rather surprising, considering how powerful MS's legal team is. I'm more inclined to believe that I have missed something or misunderstood some part. US law is not exactly my forte. Anyway, § 255.5 does provide several examples of where a material connection must be disclosed. Of course, the key is on whether there is a "material effect on credibility", not any given circumstance in particular.

Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or “blog” where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past, the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes a favorable review. Because his review is disseminated via a form of consumer-generated media in which his relationship to the advertiser is not inherently obvious, readers are unlikely to know that he has received the video game system free of charge in exchange for his review of the product, and given the value of the video game system, this fact likely would materially affect the credibility they attach to his endorsement. Accordingly, the blogger should clearly and conspicuously disclose that he received the gaming system free of charge. The manufacturer should advise him at the time it provides the gaming system that this connection should be disclosed, and it should have procedures in place to try to monitor his postings for compliance.

However, MS hasn't technically broken any law yet, since the ad campaign has not yet started (I think), and no video has been posted for the campaign.

It's incredibly unlikely that Microsoft's legal team would mess up over a small matter like this, so I think there can only be two possibilities:

  1. The whole thing is fake. MS did not in fact propose such a deal.
  2. We are all ignorant and wrong, and MS's legal team actually got it in the bag.
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uninspiredcup

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#47  Edited By uninspiredcup  Online
Member since 2013 • 58928 Posts

Xbox One is a great machine and the guys at machinima do a great job of objectively looking at video games.

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ghostwarrior786

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#48 ghostwarrior786
Member since 2005 • 5811 Posts

@Strutten said:

@ghostwarrior786: damn and yet you are here complaining about ms and sony actually since you sold off your ps3 .. lame dude lame get a new hobby, its not like it really matters to you or will even remotely do anything to you.. lay off the internet and just enjoy the meaning of gaming ffs lol.. cows these days are really something special.. let it go, 8/10 threads on page one is about ms or x1 .. you guys should be embarrased.. anyhow have a good one :)

Also: why is it bothering you this much if i may ask ? (Asking in general *this, sales and so on) its not harming you anyway or are you a shareholder ? Its just pure hatred towards a company, and i might think that you are just following "the hate wagon" without evening knowing a damn thing (like most cows/sony fanboys) just pure "hype" hate again towards a company.

@freedomfreak said:

Can't say I care.

Yes, I posted. Buy a dildo and pleasure yourself.

@cainetao11 said:

I have never seen anyone get paid for endorsing anything, and got to say negative stuff and still get paid. You already hated this company, TC, so even a fart is magnified to be the anti Christ by people like you.

hahahhahahaha this is hilarious, lems in complete meltdown. as you can see from above, the 3 lems have all taken different routes of damage controls. our dear friend strutten attacks with ad hominem, freedomfreak is still in denial and cainetao well this kid is just confused.

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lglz1337

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#49  Edited By lglz1337
Member since 2013 • 4959 Posts

News the other day "online hate needs to go away", news today "we will pay you too make this happen"

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k2theswiss

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#50  Edited By k2theswiss
Member since 2007 • 16599 Posts

so whats wrong with giving fans or whomever a chance at the marketing budget?

how are thy bribing? its simple. make a x1 ad and every view gets you towards to bigger check. dont like it dont do it