Crap NDA

I signed up to a beta for a MMORPG and I just got in. The game looks ok, so I thought I'd agree to the non-disclosure agreement I was directed to in my "welcome" email. As soon as I submitted the completed NDA, access to the private beta forum was granted. The forum covers EVERYTHING in the beta community.

But hang on, there's no client to download, so I don't even start to download the client. I can't play the game. But wait... the NDA isn't in effect...hmm... what will I do now that I've read every comment from beta testers since the tests started... Ahhh I'll strip all IRC chats, forums and everything else and publish it on this BLOG blowing the whole BETA test warts and all wide open to anyone with a web connection. I might get in trouble for copyright infringement, but the NDA isn't binding, yet.

Now of course I am not about to do what I wrote above, I'm not gonna start screwing someone over like that. But I guess it shows that game's companies still have a lot to learn. Here's the NDA in question, but with no references to who or what it's for.

"Non-disclosure agreement

Between (enter your first and last name) and xxxx

The act of accepting this download is a binding act. You are responsible for the complete confidentiality about your participation in this beta test phase, and about its content. Thus, no information, image, comment, involving your participation in this test phase can be published or communicated to anyone who hasn't signed this agreement. This agreement is effective as soon as you start downloading the client, and ends with a personal notice sent to you by x and/or x.
You cannot communicate or copy the client and its content, even a part of it. If you do so, you may face prosecution and a permanent ban from the community and test phases.

I the undersigned, (enter your first and last name) hereby declare that I abide to this non-disclosure agreement, and that I will not reveal any information regarding this test.

Please write in CAPITAL LETTERS the following sentence:
« I accept this non disclosure agreement »."

Keeping your game a secret until it's launched, or close to launch is a serious business. You don't want EVERYONE to know the truth about gaming service that is still in development. You dont' want competitors trying to steal your ideas, and getting to market before you. But you do need gamers to come and play with your product to test it, and you can't pay them all, so you give them an "early taste" of the game, in return for their trust and patience.

With so much at stake, why have these particular developers left themselves wide open for exploitation?

I sent my thoughts to the developers, and I've yet to hear what they have to say. I'd only be a little annoyed if I was punished for being a smart ass or even for publishing this NDA in my Blog. What can they do? Stop me from playing this particular gaming title in the future, or perhaps send a cease and desist notice for copyright infringement?