Jim,
I have to ask, as this is something you know that isn't common knowledge among game consumers: what parts of NDAs can be talked about by members of the gaming press that are not talked about? I'm not referring to the subjects that an NDA itself covers, but the discussion of the NDA itself.
Is the NDA itself something the gaming press can't discuss?
Does it prevent a gaming journalist like yourself maintaining a transparent and public archive of "companies who I have signed NDAs with", "dates these NDAs went into effect", and "all information from the NDA contract I am explicitly permitted to discuss" (admitably an archive that rather lean of facts), and a second archive detailing "companies I have had NDAs with, which have now expired", and "the full terms of the NDA".
Is there a real risk of any kind of chilling effect or blacklisting for anyone who'd criticise an NDA after it expired? Or for publishing the original draft of the NDA?
Because if there is no risk, its really the gaming presses job to take the first step towards getting rid of the excessive and pointless secrecy that the gaming industry has. Gaming journalism can exert a chilling effect on the needless privacy: does an otherwise unexceptional games publisher really want to only be described as "who are unremarkable, except for their consistent affection of NDAs", or other similar?
On the other hand, if this is a real risk then its topic needs to be discussed, because things will only go from bad to worse: what's stop it encouraging a wider culture of this bullshit in the industry, as companies with larger incomes and legal teams with NDA habits get copied by smaller companies looking to emulate their success and business model? As companies will already mimic everything in a competitors game to try and claim market share, it stands to reason they'd consider mimicking the underlying business model that supports the mimicked game's development.
So, does blacklisting happen, or is there a chilling effect preventing for discussion of game industry NDAs?
Maybe its paranoia or reading too many Shadowrun books but the discussion [http://www.youtube.com/watch?v=QfgoDDh4kE0] of fairly recent takedown of TotalBiscuit's "WTF is Garry's Incident" video (back online again here, [http://www.youtube.com/watch?v=KjTa_x3rbJE], minus acknowledge of a few million views before takedown) has me wondering how much bullshit is happening that can't be discussed without consequences I'd never know about?
Also, love the fish mask, thought it was a Gyarados myself.