That’s the thing though - you CAN lie under an NDA, but its meant to be things like-
“Is your character in smash?” “I’d really like them to be!”
As opposed to “Is your character in smash?” “No.” (2 months later) “Haha I lied!”
As for Grant Kirkhope, that’s exactly what my point is. He never said that Banjo wasn’t in smash, his exact words were “Don’t get your hopes up”. That’s vague, nonspecific, and very clearly something that would abide NDA without either outright lying or breaking contract. Not the same as “nothing has happened yet” or “still waiting on an invitation”.
Nah, that’s all pretty safe. The second statement is 100% compliant since it’s literally a stock phrase to neither confirm nor deny anything, and the first is just a response posed as a hypothetical.