Bayonetta OG Voice Actress Calls For Boycott of Bayonetta 3

[JWeinCom]

Hiku said:

Machiavellian said:

That is not how that works.  Usually an NDA prevent you from conditions both parties agree on but companies are held to a higher standard when releasing personal information from non public figures. In other words, what P did could be against the law in a lot of countries while breaking and NDA is just something enforceable if the company want to take you to court and you have to pay damages specified in the NDA for the conduct.  The 2 situations are not the same.  I have also signed multiple NDAs for contracts.  If anything in the NDA goes against, local, state or federal statues then its pretty much null.

Right, but I'm still not clear on the answer for what I'm wondering here. In your response we're assuming that both parties took actions that could lead to court proceedings. And I'm not surprised companies are held to a higher stadard than individuals. But I was trying to rule out the idea that there may be no legal risk to Hellena Taylor by looking at how Platinum went about it, and posting this question: If what she did happens to be non-enforcable, with no risk of going to court over the NDA breach even if PG wanted to persue it, would a Platinum employee making the same type of video as her not be treated the same way?

For example, the PG translator for the negotiations makes a video and tells people what she was actually offered.

Because in that case it sounds as if the only difference is whether or not Hellena was contracted as an employee of the company at the time she made the statement?

Don't believe they're saying it would be non-enforceable, just that it might be depending on local law. For example, if there was a part of the contract saying "you are not to say anything if you are sexually harassed by Kamiya-san" that would almost certainly be against local law everywhere. 

The main difference in your theoretical situation would be that the translator did not sign the contract. They themselves are probably not covered by the NDA with Taylor, although they probably have their own NDA with Platinum. Taylor could not sue them personally for breach of contract, probably, but Platinum could, probably.  But, Taylor could probably sue the translator for public disclosure of private facts or something along those lines (assuming for simplicity's sake that Taylor never said anything publicly about the negotiations). Or defamation if what they said was not true. 

Taylor could also probably sue Platinum games, on a theory of respondeat superior, where an employee is held liable for the actions of its employees, or if Platinum negligently supervised or trained the translator. You can try to argue that the translator was acting on behalf of platinum, that they did not do enough to make sure translators respected NDAs, or so on. There is a lot of nuance there, so it's impossible to say what would happen. 

Not sure if that answered your question, but there probably isn't a clean answer, cause there are a lot of overlapping areas of law and legal theories here.