The thing that bothers me is that there are insiders leaking information like this in the first place. No one needs to be told how bad, not to mention illegal this is. Can we put the blame on Kotaku for running with it? Well, frankly yes. They are participating in an illegal disclosure of confidential information. There's a very good reason why most emails from anyone within a corporation comes with the following:
This e-mail message (including attachments, if any) is confidential and may be privileged. Any unauthorized distribution or disclosure is prohibited. Disclosure to anyone other than the intended recipient does not constitute waiver of privilege. If you have received this e-mail in error, please notify us and delete it and any attachments from your computer system and records.
The employees providing Kotaku with this information are in the wrong, and should be punished accordingly. Responsible journalists would seek out a statement from the company, and vet the information first before releasing to the public, but most of all, make sure they have permission to do so.
I like Kotaku, but what Stephen has just done is admit that his site is guilty of a lack of ethics at best, and a crime at worst.
Statements like that on email have no legal weight whatsoever. As long as nothing directly illegal was done (say hacking an email server) to get access to the email, it is free and clear to use.
And your statement about "responsible journalists" is laughable. Journalists do not just publish the company line and/or wait for permission. No, a journalist won't publish every single bit of information (the SPJ has some excellent ethical guidelines), but a journalist is never beholden to the whims of a company.
Eh...forums and YT/Twitch celebs can help suss out views and opinions of games and systems after the fact, but there is a larger amount of bias in both and most of the time we wouldn't get the kinds of articles detailing the process of both successful and failed projects in the industry. This includes any negative or positive stories out of the industry and those working in it.
Not allowing legit sites to do any kind of serious reporting and leaving it up to those who aren't paid to do some legwork or online celebs who are both beholden to their viewers and sponsors means we might as well not have any hard news in gaming. Publishers and game creators shouldn't be granted some sort of immunity because they hold the keys to the industry.
To be clear, and I say this as someone with plenty of experience on the media side, no company can prevent "serious reporting" by refusing to speak with a journalist. That is a fallacy.
Anyone who studies journalism, or trains to be a journalist, learns that from the very start. You have to chase the story. You don't expect it to be handed to you on a silver platter (and if it is, you should be asking why).
Eh... I mean I'm not sure how one is supposed to react to something like this. I'm glad Kotaku is breaking news without worrying about the publisher's approval. Good for them.
On the other hand, if a publisher doesn't want to play ball with Kotaku, they have every right to make that choice and I'm not going to get mad about it. Kotaku doesn't have some special right to access. They're not a victim here.
Both statements in this post are correct.