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Halo 3: ODST, and another broken embargo

ODST_CalendarIt seems to be a bad month for the integrity of game journalism.  One week ago we wrote about what an embargo date is, how they work in theory and what happens when they’re broken.  In that case nothing happened and sites that broke the embargo were essentially “rewarded” when the publisher lifted the embargo prematurely and legitimized the practice.  We didn’t like it then, because it screws other journalists and publications who choose to play fair and honor embargo dates.

Not more than a week later,  it is happening again. Microsoft specified that the embargo for the very popular Halo 3: ODST would be lifted on Saturday 20th at 12:01 AM EST.  If this sounds specific to you, that’s because it is–it gives every site a fair chance to publish at the same time and let readers evaluate who’s review is worth listening to before deciding whether or not to buy the game.

For Halo 3: ODST, the site GoGamingGiant published nearly twelve hours early.  While not the absolute first site to break the embargo, their review quickly got linked and picked up a major amount of traffic from the popular gaming aggregator News4Gamers.

The question of the legitimacy of even having a pre-release copy of the game has been called into question by commenters on N4G.com as well as other sites who have pre-embargo reviews.  There are three ways a gaming site could have prematurely pulled the trigger on an embargoed review:

  • They got a pre-release copy of the game from the publisher, and willfully published ahead of time
  • They bought a legitimate copy via retail, and the retailer mistakenly shipped or sold it early; the reviewer then willfully or ignorantly published ahead of time
  • They pirated the game and reviewed it using an illegally modified Xbox 360.

Normally you would think that anybody who calls themselves a game journalist couldn’t possibly claim ignorance on picking up a pre-released copy from a store who got their dates wrong, but the owner of GoGamingGiant (GGG), Matt, claims that he was never made aware of the date. He spoke with Icrontic’s Brian Ambrozy about it:

B: Did you know about the embargo date?

M: [I] did not know about the embargo date but I had requested a copy, and they had said yes.

B: If they said yes, how could you not have known about the embargo date?

M: They just said they’d put us on the review list.

Matt also provided Brian with photographs of the shipping receipt as well as screenshots from a Newegg.com shopping cart, showing that the order was made on September 11th, and shipped overnight. GGG’s reviewer received it on the 14th, which would seem to make it Newegg’s fault that GGG got their hands on the game early.

Traditionally publications that choose to break an embargo will be blacklisted from receiving review copies of future games.  Microsoft obviously isn’t going to be bullied around on the matter and being blacklisted by such a major game publisher would be very bad for any game publication. Microsoft sent a very clear signal to Matt:

You need to take this review down asap.  Please let me know once you have done this.  I don’t know where you got a copy of the game, but if it was acquired illegally, Microsoft will seek action.  Thanks for your corporation [sic] with this.

When it wasn’t pulled down as fast as Microsoft wanted, they upped the heat on Matt:

Hi Matt like I said, this comes down asap.  Seems strange that you have no way to get this down, given it is driving huge traffic to your site thanks to the link from N4G.  And Microsoft would like to see the  receipt from whichever retailer you acquired the game through.  They have an entirely different process for dealing with that situation.  Please let me know as soon as this is down.  Thank you.

Matt responded:

I’m being 100 percent honest with you. I am trying my best to get it down. I’ve emailed all my writers. I’m trying my best, I’m in the car though right now. As for the receipt I will email you it when I get home. One of my writers actually just emailed me back so I’m going to try to get him to do it. I’ll keep you updated.

Microsoft’s response?

Hi Matt,

I am handling media requests for X’09 this year.  Due to your site breaking an embargo, you or anyone from Go Gaming Giant are no longer permitted to attend and will be removed from all media lists for the event.

There you have it. That sends a clear signal: You broke an embargo, here’s the consequence.

The “heavy-handedness” or fairness of this punishment is the subject of a wildly opinionated debate around the web. As you are aware, game enthusiasts have a lot to say about issues like this.

Whether or not you feel Microsoft’s response was fair, at least Microsoft responded negatively to the breaking of embargo. Does it take a giant publisher and a huge, AAA- title to get this kind of negative response? For the sake of all gaming journalists with integrity out there, we hope not.

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N4G : News for Gamers

39 Comments:

  1. Thrax
    Cad
  2. lordbean
    404 Brain Not Found

    I'm in full agreement with Microsoft's response to this incident. I think it sets the proper example for other producers to follow.

  3. UPSLynx
    The Dean of Computer Graphics

    And nothing of value was lost.

    I applaud Microsoft in doing this. Finally, SOMEONE took action. Now if they could keep things fair with the big name sites, I'd be a happy man.

    Very interesting read.

  4. Nick
    Guest

    I'm not sure if I agree with this scenario. If GGG did legitimately buy the game, then they weren't under any embargo or NDA.

  5. C.S
    Guest

    LOL look at all these 360 fanboys on here, "OH YES I CONGRATULATE TO MY VERY BESTED FRIEND MICROSOFT FOR GIVING CONSEQUENCES (An Unfair one) TO PEOPLE WHO HAD A LEGIT COPY OF ODST AND WHO REVIEWED IT (who reviewed it quite fairly). You 3fixme fanboys are idiots. This aint a black and white situation going on here, OPEN YOUR EYES, READ AGAIN AND UNDERSTAND THE SITUATION.

  6. Lincoln
    Snapperhead

    XBox360 fan boys? Where?

    Collectively the people you're referring to have over 25,000 posts on Icrontic. I'll wait while you find 1 post where any of them fawn over the 360.

    /me grabs some popcorn and waits

  7. I can understand if GGG did have problems taking the review down once Microsoft contacted them, but they can hardly pretend to be innocent on the issue of the embargo date. If you want to be a news source, you should perhaps do a little research so you're correctly delivering the news when it's supposed to go out. If GGG really couldn't get to his site to take the information down I can see why he's frustrated, but you can't blame Microsoft for being suspicious.

  8. lordbean
    404 Brain Not Found

    I love my Xbox 360 to the exclusion of all other consoles!

    ...wait, I don't have an Xbox 360.

  9. I own an Xbox 360, but it's still in its original box, and I've only used it once..so...does that count?

  10. Koreish
    Agent of Chaos

    I used to like my Xbox and then I got a gaming PC and now the 360 amounts to a very expensive and very large paper weight.

  11. Koreish
    Agent of Chaos

    Yay, I get to stay young, just like Peter Pan.

  12. Thrax
    Cad

    If the recent CNBC/CNN/Obama/Kanye fuckup proves anything, it's that "I didn't know" is not a valid excuse. You wouldn't accept that from a child, much less a website which should be acting with integrity.

  13. primesuspect
    The Icrontic Guy

    Well, it really says something about the integrity and gets back down to the question of "anybody with some webspace can be a journalist" nowadays.

    The sad part is that it makes ALL of us look bad. We have a hard enough time being taken seriously as professionals, and pundits point to situations exactly like this as evidence that integrity means nothing online.

  14. Matt
    Guest

    Yeah...the VG world has it tough. Always getting blamed for death and sex.

    I think Microsoft went too easy on these guys. Three warnings? Hell two was enough. No one's stupid and this was a HUGE launch. From now on it should be guilty until proven innocent, immediate blacklistings without warning.

    I'm just glad most people see where the big corporation is right in this case.

  15. Turkey
    Guest

    Well, if he is even slightly interested in gaming and got it as a reviewer, he should probably have realised that there were no other reviews yet, and it wouldn't take much to put two and two together! Else if he got it legally through a shop, still being interested in gaming, should have known that he was not meant to have it.

    It all comes down to responsibility. If you start typing on the Internet and announcing yourself as a Journalist, you have to act like one and take the consequences. There are consequences for everything you say and publish. Although the same can be said for the 4 year olds who have attempted to turn this into a fanboy argument. The consequence is you are destroying a good debate, and making yourself sound like a 4 year old of debatable IQ!

    I think the "Journalist" deserves the response he received from Microsoft, and should potentially spend a bit more time researching before hitting the "send" button. If you break a law, willingly or ignorantly, you are still breaking the law.

  16. Thrax
    Cad

    Turkey, you are my new favorite person. You have perfectly captured the nature of the problem. Thank you.

  17. insane_cobra
    Guest

    What I find far more interesting is the apparent confirmation of X09. We haven't had one of those since 2006.

  18. Obsidian
    Way hotter than Fox n' Bush.

    Thus, GGG gets more attention from being blacklisted. I'd never even heard of them before you posted this.

    Also, this:

    I used to like my Xbox and then I got a gaming PC and now the 360 amounts to a very expensive and very large paper weight.
  19. Thrax
    Cad
    I used to like my Xbox and then I got a gaming PC and now the 360 amounts to a very expensive and very large paper weight.

    I played consoles hours and hours a day when I was younger... Right up until 2000.

    I built my first computer that year. I've not touched a console newer than the NES for any significant amount of time since then. I just can't get into them... The feel so one-dimensional compared to the PC.

  20. Tony
    Guest

    Interesting debate. Breaking an embargo is not breaking the law though, all it means is some corporation’s finely-tuned publicity campaign begins a bit earlier. The best indication is what was the reaction for breaking an embargo? The journalists don’t get to go a games expo, which is just a big advertising-fest anyway.

    I think “the integrity of game journalism” is not in question as it is apparent that the journalists themselves – acting in conjunction was an embargo – become nothing more than a qausi-viral marketing campaign . Microsoft wants optimum publicity, hence the specific embargo, and the reviewer duely oblige. A game review is hardly a scoop or even an insightful consumer rights piece.

    Game journalism struggles to be taken seriously because so much of it is merely an advertising conduit for commercial ventures. After all, if the biggest issue in the sector is publishing an embargoed review 12 hours early for a game that is rated 9 out I0 then it must be fairly trivial. How many big games releases get totally panned by critics anyway? None. Even the most God-awful games are awarded usually 3 or 4 stars. Whis is that? Is that because Halo 3: ODST is a pinnacle of modern gaming (I got a legit copy of Halo 3: ODST shipped to me early and it is definitely 6 out of 10 at most) or because journalists know that a bad review means not invite to X ’09?

    Either way, Microsoft wins.

  21. Gate28
    Resides in your bowels

    I think that if GGG got the game legitamately from a store, then they have a right to review and post it, and the store should be at fault for shipping before release, but that does not give them an excuse to half-ass a review to get it out before release (I haven't read the article, its blocked by my school, but if it's 9 out of 10, the review MUST be flawed).

  22. Cliff_Forster
    Keepin it real

    I think Microsoft did what was necessary to preserve a level playing field for journalists. Is it harsh, yes, but ultimately being welcomed to Microsoft press events, and receiving advance review samples is a privilege, not a right.

  23. Gate28
    Resides in your bowels

    I was under the assumption that GGG got the game legitamately though Newegg, it just shipped early and they got it before release. Am I wrong?

    If that's the case, they got a retail copy from a retailer, which I think gives them the right to publish a review for the game. If otherwise, then yes, the punishment is just.

  24. ZT
    Guest

    I think a lot of people here fail to realize that this is a newer site run mostly by people who are either in high school or just entering college. This isn't some large publication that's been doing this for a long time; they're still trying to learn the ropes here, and this must be taken as a learning experience. For what it's worth, Newegg did ship out copies of ODST early, so there's nothing farfetched about this. And if you never agree to an embargo in the first place, you can't exactly break it. Even if you did, there's no law against it. Microsoft's just mad because someone found a loophope. Also, for what it's worth, Giant wasn't even the first to get a review of the game up.

  25. Cliff_Forster
    Keepin it real

    ZT,

    Giant may be new to the game and ultimately if they want to exploit a loophole to get a review up early to drive some additional traffic to their site, nobody can stop them. At the same time, they have to respect that Bungie and Microsoft have an interest in preserving an even playing field for review outlets, that's why the embargo exists. Perhaps Giant did not know or understand the policy, but ignorance is never an excuse. Once again, invitations to press events and advance review samples are a privilege for publications like ours, they are not a given right and its fair that Giant looses some of that with Bungie and Microsoft, at least for the next review cycle to get their point across. If they truly did not know how the game was supposed to be played, now they do.

    Ignorance is not bliss in this case.

  26. Thrax
    Cad
    How many big games releases get totally panned by critics anyway? None. Even the most God-awful games are awarded usually 3 or 4 stars. Whis is that?

    Why? Because those journalists don't have any integrity.

    A real journalist is accountable to his or her readers. He/she is a consumer advocate, a bullshit filter, a fact-checker, and a harsh critic.

    Anything else is dereliction of duty at best, or negligently sycophantic at worst.

    No points for giving companies a PR jerkfest. If the product isn't good, it isn't good, and the world needs to know.

  27. CB
    Doktor Schnabel von Rom

    Giving a game a particular score, or number of stars, in a review is silly anyhow. The point of a review is to help the consumer decide if they should spend their money on the product. Knowing how much the reviewer liked the game personally isn't actually very helpful, since that doesn't necessarily convert into levels of enjoyment for his/her entire audience.

  28. UPSLynx
    The Dean of Computer Graphics
    LOL look at all these 360 fanboys on here,

    ah, how little you know me. Depart from me, ye who works foolishness.

    *eats some of Lincoln's popcorn*

  29. UPSLynx
    The Dean of Computer Graphics
    Game journalism struggles to be taken seriously because so much of it is merely an advertising conduit for commercial ventures.

    The same can be said of most non-national news venues (and from a man who works in that industry, even that facet isn't free from the we're selling you a product' department). Film industry journalists review films, thus selling the movie to viewers. A journalist writing for an automobile magazine is doing the same thing, commercializing a product.

    We work in an industry that is almost purely commercial. It's the nature of the business. But rather than our writings serving as a marketing wanking piece to support the big corporations, our writing serves as a method of informing the reader - the consumer - and ultimately helping them make the best of their hard earned money.

    Readers come to game journalists not to learn how they can support a corporation. They want to buy games and equipment and not waste their money. They do this because they are passionate about gaming, it is their hobby.

    That's what game journalists do. We are a helpful catalyst for the informed gaming consumer.

  30. primesuspect
    The Icrontic Guy
    How many big games releases get totally panned by critics anyway? None. Even the most God-awful games are awarded usually 3 or 4 stars.

    Ars Technica's review wasn't kind to ODST. It's no coincidence that I consider Ars to possess a high degree of integrity, either.

  31. Jingalls
    New to the neighborhood

    I was thinking the exact same thing about Ars. I like the way they do their reviews, and the fact that they'll tell the reader that the product isn't worth buying, their review of ODST being a great example.

  32. mas0n
    technosexual

    LOL, $60 for the kind of content that Valve has added to TF2 several times over for free.

  33. Canti
    I totally look like this.
    LOL look at all these 360 fanboys on here, "OH YES I CONGRATULATE TO MY VERY BESTED FRIEND MICROSOFT FOR GIVING CONSEQUENCES (An Unfair one) TO PEOPLE WHO HAD A LEGIT COPY OF ODST AND WHO REVIEWED IT (who reviewed it quite fairly). You 3fixme fanboys are idiots. This aint a black and white situation going on here, OPEN YOUR EYES, READ AGAIN AND UNDERSTAND THE SITUATION.

    1/10

    p.s. MY CAPS LOCK IS BROKEN TOO.

  34. Chris White
    Polygons

    I mentioned on the N4G thread but I wanted to post it in here too, so:

    It seems clear that neither Microsoft nor GGG are under contractual obligation here and as far we know Microsoft has not gone after GGG with legal charges. Since the reviewer showed that he had a legit copy and he got it from a reseller who shipped it early he's not at fault for having the game and since it wasn't a review copy he was, to my understanding, legally free to publish the review before the embargo. But a gaming publication like GGG should not have been surprised that there was an embargo and, with a little research, should have been able to figure out that breaking the embargo would have negative consequences with Microsoft.

    Microsoft, in tern has every bit as much right to decide not to have a relationship with GGG in the near future.

    This isn't a story about legalities, it's a story of integrity, and yes, a bit. of miscommunication and misunderstanding

  35. Tony
    Guest

    UPSLynx,

    I accept the point that most consumer/lifestyle media follow the same commercial path (even the national media to an extent) but that does not excuse the general theme. Even so, I think it is a tad unfair to assume games journalists are bastions of consumer rights. It patronises the consumer and overeggs the role of game hacks.

    Gamers are a sophisticated demographic with their own generic preferences. As such, if I love FPS I am going to buy Halo or CoD – as are most of the population – irrespective of whether it is given a poor review by the myriad of rookie reviewers out there. Likewise if you said Barbie’s Horse Adventures: Wild Horse Rescue was the best game money can it would still not prompt the masses to purchase it. A select few games publications have genuine credibility (people mentioned Ars and Edge seems to be fairly balanced) so, in those cases, a consumer MAY go look at reviews when wanting to buy a game of peripheral interest, like is Dark Sector worth picking up in a bargain basement? Otherwise it is generally comes across as amateurs writing about a hobby.

    From reading many games publications over the last 20 years it has become apparent that most game hacks are people who game for a hobby, have a belief that they can somehow write, and that writing about games would make a great full-time job (also the case for journalists in film, music, motor, etc). There is limited credible or quality journalism within it though. I‘ve seen some magazine attempt to go more high-brow and write features on gaming issue but, rather sloppily, they tend to be poorly researched with little or no viable sources and written in the first person. Good luck to them all but don’t pretend it is some noble cause to save the pleb in the street from wasting his or her pocket money.

  36. Koreish
    Agent of Chaos
    Likewise if you said Barbie’s Horse Adventures: Wild Horse Rescue was the best game money can it would still not prompt the masses to purchase it.

    Bitches don't know 'bout my Barbie's Horse Adventures. Shit is super fly.

  37. Cliff_Forster
    Keepin it real

    Tony,

    Remember the story about the Jeff Gerstmann firing? I no longer read Gamespot, I refuse to accept it as a source with any integrity.

    Game reviews do play a valuable role for the consumer, and ensuring fair play while keeping the editorial and advertising departments separate is paramount.

    Having rules to ensure the journalists compete for their content value on a level playing field is paramount to that mission. If a publisher is going to shirk the rules for a specific publication just because they are offering a positive review in return, that destroys the credibility of that publication.

  38. UPSWeezer
    Ninja Warrior
    LOL look at all these 360 fanboys on here, "OH YES I CONGRATULATE TO MY VERY BESTED FRIEND MICROSOFT FOR GIVING CONSEQUENCES (An Unfair one) TO PEOPLE WHO HAD A LEGIT COPY OF ODST AND WHO REVIEWED IT (who reviewed it quite fairly). You 3fixme fanboys are idiots. This aint a black and white situation going on here, OPEN YOUR EYES, READ AGAIN AND UNDERSTAND THE SITUATION.

    You sure you're talking to the right people? I don't know anyone here who plays 360.

    ...

  39. Canti
    I totally look like this.
    Bitches don't know 'bout my Barbie's Horse Adventures. Shit is super fly.

    Just wait until you get to the 3rd game in the series. The sing along parts are the greatest achievement in video game history.

Hey, be nice. Icrontic is full of good people, we promise.


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