HardOCP News
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Nintendo Is Still Taking Money From YouTube Stars
- Thread starter HardOCP News
- Start date
Long article... I think mostly to get more of those between paragraph ads on page...
Worse near then end they talked about how Nintendo wants you to sign up for their affiliate program which would entitle them to 30-40% of your revenue.
Personally everyone should just stop doing Nintendo videos and let them suck it.
The Lets Play legal argument will be interesting to see. Can games be treated differently due to their interactive nature than say a TV Show or Movie?
Get mad at Google and the US legal system primarily, then a secondary "fuck you" to Nintendo for exploiting it.
The real purpose of these in practice, which is now widespread, is to continue the pre-order craze where people buy games sight unseen, and to silence any negative reviews of games.
These should be 100% covered under fair-use copyright, since it is literally for the purpose of discussion and review, but Google is being a royal douchebag. Google is literally the worst thing to have ever happened to Youtube.
The real purpose of these in practice, which is now widespread, is to continue the pre-order craze where people buy games sight unseen, and to silence any negative reviews of games.
These should be 100% covered under fair-use copyright, since it is literally for the purpose of discussion and review, but Google is being a royal douchebag. Google is literally the worst thing to have ever happened to Youtube.
viscountalpha
2[H]4U
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Nintendo keeps doing stupid stuff. Piss off more of your consumer base and see how well that works for you nintendo.
NeghVar
2[H]4U
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Must suck for that angry video game nerd
He doesn't review games made by Nintendo all that much. Most of them were from third party studio.
blitzkommando
Gawd
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Between the way this all has gone down, and their absolutely insane copyright claims methodology that is so utterly broken that literally the sounds of children, birds, and bugs produce false claims that never get fixed, I agree. I've been wanting to make some Youtube videos of my own, which would inevitably include game reviews, but with how utterly broken the system is and how utterly powerless content creators are in comparison to claimants it's forced me away from it.
That said, it just points to how utterly broken and insane copyright law has become, not just in the US but around the world even. Copyright powers have become so broad, so expansive, so out of control that everyone who wants to produce content has to walk a veritable mine field of litigation so as to be sure they aren't going to get sued for some utterly asinine thing. And that doesn't even begin to get into patent law that is just as insane. Google holds the lion's share of blame for the utterly disgusting policies of Youtube though.
temujin987
[H]ard|Gawd
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sure, because you can afford several highly specialized lawyers and a court battle that may take forever, right? there is nothing you can do because the opposition has way deeper pockets than you.
Boycott Nintendo in your youtube videos. That's all you have to do.
I still think it's fucking retarded, because there is such a thing called fair use, but fuck it. Boycott it. If I did these type of vids. I'd just have a black screen and talk on the game. And if I was a troll, I'd say stuff like that the game is broken, but because of Nintendo's policy, I can't show it. If I was trolling anyway.
I still think it's fucking retarded, because there is such a thing called fair use, but fuck it. Boycott it. If I did these type of vids. I'd just have a black screen and talk on the game. And if I was a troll, I'd say stuff like that the game is broken, but because of Nintendo's policy, I can't show it. If I was trolling anyway.
Yep, that's really lame of nintendo considering all the money they have!!
If people are making money off the videos from advertising how is it fair use?
The viewership aren't being given the game, and its not a TV show that you just consume by watching, so taking snippets of games for review is pretty much essential.
It'd be like Motortrend being forced to do car reviews without showing any footage of the car... insane!
Or Fox News having to do commentary on an Obama speech without showing the speech and having to blur out Obama's face.
I mean, if you think about it, its absolutely ridiculous.
viscountalpha
2[H]4U
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Except that it poison's the consumer base. Don't want people to care about your product's? pull shit like this. The fact that this is a thing bothers me enough to not care nearly as much about that platform and games.
The end result is a dead brand which nintendo seems to be shooting for.
SamuraiInBlack
Supreme [H]ardness
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I guess Nintendo just doesn't like money anymore.
It's much trickier than you make it sound. It clearly runs afoul of two of the four tests for fair use: proportion of the work used and intent of the user (i.e. commercial vs. educational).
If I was a betting man, I would lay money on the courts siding with the copyright holders on the proportion argument alone. I'm not defending Nintendo's tactics, since it seems like they are robbing themselves of free advertising, but I think they would prevail if it came to a court battle.
Apples and oranges. Reviews and criticism are protected speech. Nobody is going after Gamespot or IGN (at least that I'm aware of). These let's play videos sometimes show the whole game. I'm not saying watching the whole game is the same as playing it, but how do you think the courts would see it if it came to that?
I couldn't agree more. Our IP laws are written by the IP holders. If you want the real villain here, blame Disney.
http://www.washingtonpost.com/blogs...t-of-the-public-domain-will-they-do-it-again/
Honestly it's because of things like this that we don't play Nintendo games for our youtube channel. Even though there are a few we'd like to play. They do have https://r.ncp.nintendo.net/ the Nintendo Creators Program which does allow you to register your Nintendo videos and get some ad revenue. Which is better than nothing.
And when you appeal the take-down, your appeal gets sent to another automated system at the publisher, which also presumes you are guilty, and automatically denies the appeal.
You have to submit a second appeal before a real human ever watches the video.
UrielDagda
2[H]4U
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The worst thing is how they have the system where the publisher can monetize your video-- then change their mind later and decide to, say, mute your video (in the case of music copyright) and STILL monetize your now-silent video.. And if you complain they take it down completely and give you a strike for daring to question them.
Which leads to videos like this: https://youtu.be/RRCJQtQUD1o
Correct me if I'm wrong, but getting money doesn't negate the fair use part of it all. If it did, parody would be screwed, and Weird Al would've been sued to oblivion. So would any group that does video reviews, like Game Trailers.
DTN107
Supreme [H]ardness
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Then consider not buying many other products by many other companies.
Just about almost all big companies has greedy business men within them.
From retail pharmacy chains to computer hardware companies.
I agree.. are they even doing any marketing?
Are they selling this console to me and my almost 4-year old?
Are there even games I can play with her?
I don't even know, have not seen/heard ads or anything.
Wife wants one, I don't. I don't want ANY console this time around, consoles want too much connectivity for my taste, hence I am done with consoles.
Maybe a Wii U could be sold to me, if I knew what it was about, and I am sure a big driver for sales for nintendo is still parents buying for their small kids like me. PS4 and Xbone I am sure adults buy on their own and/for big teens.
You're missing an important point: parody and criticism are protected speech. Let's Play videos are certainly not parody, and I don't think they would count as criticism in the traditional sense (considering the proportion of the work used).
Bottom line: Weird Al has nothing to worry about, youtubers probably do need to worry
But it's not only Lets Play videos that are attacked, from what I hear it's any Nintendo gameplay video. Not sure about this particular instance, but there are more than just Lets Play. And while I'm not a fan of Lets Play, I think it's a mix of the youtuber's skill (for most games) and the game itself. It's pretty ridiculous to be able to take the entirety of it.
cageymaru
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I don't understand how music that the original artist releases for free to the public domain, is picked up for a movie, then the original artist loses the rights to it because it is a part of a movie soundtrack. We have the RIAA running around suing consumers for copyright infringement.
Seems like to me that we should have even more lawyers suing the Music Labels for copyright infringement. Wouldn't a lawyer make even more money suing Warner Music Group than say a 70 year old grandmother?
Seems like to me that we should have even more lawyers suing the Music Labels for copyright infringement. Wouldn't a lawyer make even more money suing Warner Music Group than say a 70 year old grandmother?
By your logic Weird Al can release any artiest song in its entire unedited and that is "parody".
Fair use doesn't seem to apply to those that get sued for ripping off lyrics or background music from a song. Most recent, Blurred Lines.
If would be one things to make something that looked exactly like a Nintendo game and have something like Super Mario Bros and have it be Mario and Juan two Mexican brothers with peppers instead of mushrooms. That would be a parody.
You playing through Legend of Zelda however does not fall into that category.
I think this practice that Nintendo is doing is bullshit. However I also realize that they own the rights to the content and can do this if they want. I like the stance that many people (like Rooster Teeth) have taken where they just won't do lets plays in Nintendo games. Sucks for people that only play Nintendo games, but for those that play a wider range of games if they do it hopefully that can start to get the attention of Nintendo that they are being too strict.