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Tuesday, September 12, 2017

Will this whole PewDiePie debacle change Nintendo's stance on YouTube copyright?

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  3. Will this whole PewDiePie debacle change Nintendo's stance on YouTube copyright?
GTMippey 12 hours ago#1
For those of you unfamiliar with the current hot topic of PewDiePie and Campo Santo? Our Favourite YouTuber Jim Sterling has summarized it (Impressively Quickly and last-minute) in case you need some context. It's at the end of His latest video.
Link provided. 

http://www.thejimquisition.com/the-jimquisition-the-good-boys-of-youtube/

This raises an interesting question. Will Nintendo's stance on YouTube and DMCA takedowns change, depending on the outcome of this case?

I've always thought that it was kind of bulls***, and the way YouTube responds could determine a shift in Nintendo Games being featured in lets-plays.
Thank God for Jim!
(edited 12 hours ago)stickyreportquote
Chemazan 11 hours ago#2
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore
slyman19 11 hours ago#3
Maybe, maybe not. Streaming Firewatch is completely fair use though, so this case with end with a definite win for PDP.
CorruptedRPG 11 hours ago#4
slyman19 posted...
Maybe, maybe not. Streaming Firewatch is completely fair use though, so this case with end with a definite win for PDP.


LOL
slyman19 11 hours ago#5
CorruptedRPG posted...
slyman19 posted...
Maybe, maybe not. Streaming Firewatch is completely fair use though, so this case with end with a definite win for PDP.


LOL

Such a brilliant rebuttal. You really changed my opinion on the matter.
GTMippey 11 hours ago#6
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


So what, it's not like the people watching the stream are playing the game themselves. In many cases, it might even convince the watcher to purchase the game themselves.

If anything, streaming is a form of free advertising, and every major company bar Nintendo have embraced and nurtured this culture.
Thank God for Jim!
slyman19 11 hours ago#7
GTMippey posted...
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


So what, it's not like the people watching the stream are playing the game themselves. In many cases, it might even convince the watcher to purchase the game themselves.

If anything, streaming is a form of free advertising, and every major company bar Nintendo have embraced and nurtured this culture.

LPs still usually don't fall under fair use (sometimes it does, but it's rare like current situation with PDP).
CorruptedRPG 11 hours ago#8
slyman19 posted...
CorruptedRPG posted...
slyman19 posted...
Maybe, maybe not. Streaming Firewatch is completely fair use though, so this case with end with a definite win for PDP.


LOL

Such a brilliant rebuttal. You really changed my opinion on the matter.


You make it sound so simple when it's more complicated than that. Do you really think Campo Santo would bother filing a DMCA takedown if it were that easy for PewDiePie to win?

PewDiePie is still going to suffer even if he did win.
jairusmonillas 11 hours ago#9
Nintendo's stance will never change, It's always and will always be anti-consumer and pro-company move.
PC-Battlenet:JairusMonill#1876 Steam:jairusmonillas PSN:JairusMonillasR3
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Baha05 11 hours ago#10
jairusmonillas posted...
Nintendo's stance will never change, It's always and will always be anti-consumer and pro-company move.

In reality though is it really our right to be using their IP to make money?
"He may be Mr. Clean, but his soul will always be dirty!"
slyman19 11 hours ago#11
CorruptedRPG posted...
You make it sound so simple when it's more complicated than that. Do you really think Campo Santo would bother filing a DMCA takedown if it were that easy for PewDiePie to win?PewDiePie is still going to suffer even if he did win.

Campo Santo is just being f***ing morons. They see an opportunity to let their inner SJW run free without considering they put up a statement about streaming. 

PDP won't suffer because of this. It should be an easy win if Campo decides to go to court.
CorruptedRPG 11 hours ago#12
slyman19 posted...
CorruptedRPG posted...
You make it sound so simple when it's more complicated than that. Do you really think Campo Santo would bother filing a DMCA takedown if it were that easy for PewDiePie to win?PewDiePie is still going to suffer even if he did win.

Campo Santo is just being f***ing morons. They see an opportunity to let their inner SJW run free without considering they put up a statement about streaming. 

PDP won't suffer because of this. It should be an easy win if Campo decides to go to court.


Why do you say that? Even if he does win, Campo Santo already put him in the spotlight 
for being a racist which won't sit well for most of his millions of subscribers and Google in general as he's the "face" of Youtube.

Youtube has been **** about this type of behavior for quite some time and will most likely take some action. Campo Santo also encouraged other developers to come after him so even if he shakes them off someone else might come up to the plate.
gafemaqs 11 hours ago#13
Pewdepie is a racist. He's proved this time and time again yet his fanboys will defend him to the end
slyman19 11 hours ago#14
CorruptedRPG posted...
Why do you say that? Even if he does win, Campo Santo already put him in the spotlight for being a racist which won't sit well for most of his millions of subscribers and Google in general as he's the "face" of Youtube.Youtube has been **** about this type of behavior for quite some time and will most likely take some action. Campo Santo also encouraged other developers to come after him so even if he shakes them off someone else might come up to the plate.

Most of his fans don't care. It's such a insignificant thing and it'll take a lot more than this to hurt him in terms of fan base. 

Most people aren't stupid and realize he isn't a racist.
Voysa_Reezun 11 hours ago#15
Nintendo's stance is to gate who can do LPs of their work. I'm fine with that. LPs aren't criticism and are often monetized.

Notice, for example, that Nintendo doesn't harass Matthewmatosis. That's because he does criticism, which is protected by fair use. Just talking aimlessly over a game is not.*

*I am not a lawyer, but that is my understanding of fair use because I have to know quite a bit about it for my job.
The world is better off with some people gone. Our lives are not all interconnected. That theory is a crock. Some people truly do not need to be here.
SSjYagami 11 hours ago#16
Nintendo is too stubborn and stupid to change.
Mods are pathetic SJWs who abuse their administrative abilities and couldn't muster a logical defense for their actions to save their lives. Worthless.
587Deathking 11 hours ago#17
slyman19 posted...
CorruptedRPG posted...
You make it sound so simple when it's more complicated than that. Do you really think Campo Santo would bother filing a DMCA takedown if it were that easy for PewDiePie to win?PewDiePie is still going to suffer even if he did win.

Campo Santo is just being f***ing morons. They see an opportunity to let their inner SJW run free without considering they put up a statement about streaming. 

PDP won't suffer because of this. It should be an easy win if Campo decides to go to court.

He won't but other Youtubers will
Reading internet jokes- http://tinyurl.com/qdxttnh
Reading a poorly written argument- http://tinyurl.com/o3f3nne
slyman19 11 hours ago#18
587Deathking posted...
He won't but other Youtubers will

Maybe. I think this is just a tempest in a teapot. There will little to no repercussions for anyone.
Voysa_Reezun 11 hours ago#19
PDP is already a multimillionaire because he's a subhuman who plays games and entertains other subhumans, all of whom are great poster children for abortions, so he won't be hurt by this. 

But yeah, other LP'ers will find it harder to monetize their s***.
The world is better off with some people gone. Our lives are not all interconnected. That theory is a crock. Some people truly do not need to be here.
Baha05 11 hours ago#20
Voysa_Reezun posted...
PDP is already a multimillionaire because he's a subhuman who plays games and entertains other subhumans, all of whom are great poster children for abortions, so he won't be hurt by this. 

But yeah, other LP'ers will find it harder to monetize their s***.

Most other LPers are going to have a hard time regardless. This is why YT is a "job" in the sense that it needs an asterisk next to it since you can't realistically sustain much of a living unless you got a horseshoe up your ass
"He may be Mr. Clean, but his soul will always be dirty!"
CorruptedRPG 11 hours ago#21
slyman19 posted...
CorruptedRPG posted...
Why do you say that? Even if he does win, Campo Santo already put him in the spotlight for being a racist which won't sit well for most of his millions of subscribers and Google in general as he's the "face" of Youtube.Youtube has been **** about this type of behavior for quite some time and will most likely take some action. Campo Santo also encouraged other developers to come after him so even if he shakes them off someone else might come up to the plate.

Most of his fans don't care. It's such a insignificant thing and it'll take a lot more than this to hurt him in terms of fan base. 

Most people aren't stupid and realize he isn't a racist.


How would they know that? Of course it won't put a dent in his fan base since he has 50,000,000 subscribers. That still won't change the fact that Google might start responding to all the negative backlash.

Did I not say that Campo Santo are also planning to send other developers after him? Stop acting like they are the main focus when he's in deeper **** than we expect. Win or lose, he'll still be in for quite a fight.
Fran117 10 hours ago#22
PDP is no racist, but he is a liability to youtubers because he attracts unnecessary attention. Attention that will ultimately lead to youtube being heavely regulated. His actions will not hurt him, but will hurt smaller youtubers.
FC: 1092 - 2294 - 8760
gafemaqs 8 hours ago#23
Fran117 posted...
PDP is no racist, but he is a liability to youtubers because he attracts unnecessary attention. Attention that will ultimately lead to youtube being heavely regulated. His actions will not hurt him, but will hurt smaller youtubers.

He's pretty racist
Manic_Prime 6 hours ago#24
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?


When developers actually ask streamers to play their games on stream. There's a very.... very simple reason for that: ti's free advertising for their games. If people watch a streamer play a game and think it looks fun, they'll be more inclined to pick it up for themselves than if they just saw it sitting on the shelf and wasn't sure if it was worth the money. The higher profile the streamer, the more eyes which will be seeing their product.

It's not like ripping a movie and trowing it up on YouTube, which is most definitely a copyright violation, even though you're playing a game on stream you're not providing a pirated copy of the game for people to download for free.
GameFAQs, you will never find a more wretched hive of scum and vulgarity. We must be cautious.
Nintendo is way too arrogant to change their ways. They are still stuck in the 90's where they think everyone needs to worship them and be thankful for their existence. That the 3rd parties should be lining up for Nintendo and should feel honored to work with them. 

It seems Nintendo would rather make sure a dude doesn't make $1,000 using their content, than get free publicity. Or get a popular youtuber to recommend a console/game to their large fanbases. Nintendo feels like they are sticking it to the youtubers but in reality all they are doing is losing money and driving people away.
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CLupula 6 hours ago#26
slyman19 posted...

Most people aren't stupid


If his fans think he isn't a racist, then they are just utterly and completely, mind-numbingly stupid.

And he has hurt all Youtubers with his idiocy. He deserves a broken jaw.
(edited 6 hours ago)reportquote
kinggravy 6 hours ago#27
Oh great, another thread where armchair lawyers discuss things they don't know anything about even though actual lawyers are doubtful of the legitimacy of fair use in LPs.
FC: 2852-7398-0118
ProfessorL 5 hours ago#28
PDP may or may not be a racist, but he sure does act like one in cases like this.
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Adhrast 5 hours ago#29
JamaicaMistake posted...
Nintendo is way too arrogant to change their ways. They are still stuck in the 90's where they think everyone needs to worship them and be thankful for their existence. That the 3rd parties should be lining up for Nintendo and should feel honored to work with them. 

It seems Nintendo would rather make sure a dude doesn't make $1,000 using their content, than get free publicity. Or get a popular youtuber to recommend a console/game to their large fanbases. Nintendo feels like they are sticking it to the youtubers but in reality all they are doing is losing money and driving people away.


Isn't a company's right to choose how to advertise their product?
(edited 5 hours ago)reportquote
gafemaqs posted...
Fran117 posted...
PDP is no racist, but he is a liability to youtubers because he attracts unnecessary attention. Attention that will ultimately lead to youtube being heavely regulated. His actions will not hurt him, but will hurt smaller youtubers.

He's pretty racist

Nah
"Muchushakapaka" -Every Twilek Ever
SpinoRaptor24 5 hours ago#31
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


Because unlike movies you don't get the full experience when watching a videogame on youtube.
The_DOAM 5 hours ago#32
The real issue here are those lifeless people who put youtubers on a pedestal. The sheep will never see these people as anything less than god and incapable of being wrong.

Youtubers get a lot of shut ins who don't get enough social interactions in the real world as they can be squirreled away in their homes. Yet have someone on a screen who is seemingly talking to them directly and they mistake that for human interaction something as a species we all need.
Ignorance is Bliss...
GTMippey 5 hours ago#33
The_DOAM posted...
The real issue here are those lifeless people who put youtubers on a pedestal. The sheep will never see these people as anything less than god and incapable of being wrong.

Youtubers get a lot of shut ins who don't get enough social interactions in the real world as they can be squirreled away in their homes. Yet have someone on a screen who is seemingly talking to them directly and they mistake that for human interaction something as a species we all need.


Some YouTubers (like Jim Sterling) are Fantastic People who are actively assisting in the betterment of the gaming industry.

Others are just screaming kids.
Thank God for Jim!
ScavengerDan 5 hours ago#34
If I read a book from start to finish for free on YouTube I'm sure the author would be pissed.

If I streamed a film from start to finish on YouTube the makers would be pissed.

CPU games are different because..... Entitlement?
ScavengerDan 5 hours ago#35
SpinoRaptor24 posted...
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


Because unlike movies you don't get the full experience when watching a videogame on youtube.


Pedantics
Fran117 1 hour ago#36
SpinoRaptor24 posted...
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


Because unlike movies you don't get the full experience when watching a videogame on youtube.


I'm not sure where people get this "full experience." The four elements of fair use are:


the purpose and character of your use - commercial v. educational 
the nature of the copyrighted work - fiction v. non-fiction
the amount of the portion taken - whole game v. just parts of it
the effect of the use upon the potential market. - can the copyright owner enter that market?

There is no full experience requirement.
FC: 1092 - 2294 - 8760
The_DOAM posted...
The real issue here are those lifeless people who put youtubers on a pedestal. The sheep will never see these people as anything less than god and incapable of being wrong.

Youtubers get a lot of shut ins who don't get enough social interactions in the real world as they can be squirreled away in their homes. Yet have someone on a screen who is seemingly talking to them directly and they mistake that for human interaction something as a species we all need.

Oh look a hipster.
dextorboot 1 hour ago#38
There's a debacle?
ni[B][B]a
Mother 4 and MegaMan Battle Network Chrono X, two fangames that deserve more recognition. Please check them out. 
www.mother4game.com / www.mmbnchronox.com
I_like_BigButts 52 minutes ago#40
him subbing a word as nibba or whatever asinine "cute" thing he thinks it is, and how easily and effortlessly he dropped the real word is an indication off cam he casually uses the word amongst his other white friends. The fact he laughed it off too is telling.

Being a foreigner under 30 he doesn't really understand the implications and history of the word. He's just another entitled prick who thinks he's funny
and I can not lie
#41
(message deleted)
Kletian999 45 minutes ago#42
Fran117 posted...
SpinoRaptor24 posted...
Chemazan posted...
You are literally streaming a game from start to finish

Why are people suddenly surprised this isn't fair use?

I don't want to be a human anymore


Because unlike movies you don't get the full experience when watching a videogame on youtube.


I'm not sure where people get this "full experience." The four elements of fair use are:


the purpose and character of your use - commercial v. educational 
the nature of the copyrighted work - fiction v. non-fiction
the amount of the portion taken - whole game v. just parts of it
the effect of the use upon the potential market. - can the copyright owner enter that market?

There is no full experience requirement.


A major portion of fair use is whether the "fair using" product could substitute and thus hurt the original product. Does watching a lets play replace the desire to own/play the game oneself thus is a key question. And the answer to that unfortunately varies on the person and the type of game. Open games like FPS and Minecraft where no experience is the same can easily claim the experience is not replaced, but a narrative like Firewatch, while it does allow some choices, is far more replaceable.

It matters not because the company gave open license to stream Firewatch on it's webpage.
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  3. Will this whole PewDiePie debacle change Nintendo's stance on YouTube copyright?

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