YouTube Stars Blindsided By Nintendo's Ad Revenue Grab

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I have a feeling this is going to eventually end up going to court. What do you think? Will the courts rule in favor of the game companies or the YouTubers?

YouTubers can apply to the Nintendo Creators Program and if an approved channel's video contains footage from a list of approved games, the revenue is split between the two parties – 40 per cent for Nintendo and 60 per cent for the creator. If Nintendo chooses not to approve a video, then it can claim 100 per cent of the ad revenue.
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Personally I think it's in the best interest of YouTuber's to public boycott everything Nintendo until they stop being dicks.

There are tons of other game companies which would love to see their games featured on YT videos, so everyone should tell Nintendo to fuck off!
 
Any money they squeeze out of this will end up coming back to haunt them in the end. Sega has had some bad policies (and still does) and look where that got them. Nintendo is the next to leave the console market.
 
Let's put this in prospective that most gamers will understand, not even EA has tried to do anything like this?
 
DarkStar_WNY said:
Let's put this in prospective that most gamers will understand, not even EA has tried to do anything like this?
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Because in the end it would actually be a loss in revenue. Even EA knows the secret to making money no matter how shitty their games are, they have marketting down to a science.

This move from Nintendo is just going to push people away from doing "Lets Play" of Nintendo games which means less views which means less sales or interest. Youtubers are essentially free advertising for Nintendo. I dunno why they intend to bite the hand that feeds them.
 
Bahahaha.... idiots. That's what you get for asking to be trampled on. More sensible people said fuck you to this crap.

Angry Joe is also an idiot this time around. Recently did a video, even after Nintendo's been parading this crap. Now he's all mad like it wasn't expected.
 
viscountalpha said:
Any money they squeeze out of this will end up coming back to haunt them in the end. Sega has had some bad policies (and still does) and look where that got them. Nintendo is the next to leave the console market.
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Flop console plus overpriced gaming portable plus smartphones plus Nintendo moving to make games for smartphones equals the beginning of the end for Nintendo as a hardware company.

Back on topic, Nintendo is evil as fuck for doing this and I hate that they get a free pass from their Nintendrones for pulling shit like this. "But but muh childhood" isn't a good enough reason to act blind to bullshit.
 
NickJames said:
Because in the end it would actually be a loss in revenue. Even EA knows the secret to making money no matter how shitty their games are, they have marketting down to a science.

This move from Nintendo is just going to push people away from doing "Lets Play" of Nintendo games which means less views which means less sales or interest. Youtubers are essentially free advertising for Nintendo. I dunno why they intend to bite the hand that feeds them.
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Oh I agree completely, that's basically what I was getting at.


pothb said:
Bahahaha.... idiots. That's what you get for asking to be trampled on. More sensible people said fuck you to this crap.

Angry Joe is also an idiot this time around. Recently did a video, even after Nintendo's been parading this crap. Now he's all mad like it wasn't expected.
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As I recall the same basic thing happened to him when he first got the WiiU so I don't know why he would be surprised.
 
fss69 said:
Youtube stars? Hahahahaha. What -- that wasn't the punchline?
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Some make millions and have millions of followers, so I'd say they sorta fit the description. New media for a new generation and all that jazz.
 
i cringe hard when i go on youtube and see some half ass video made by a kid or young adult trying to rake in these so called "millions" with rehashed news and crap done over and over again by other clone youtubers.

lazy generation making money off other's work by recording an opinion or "review"
time to ditch youtube for something else anyways.
 
I told AngryJoe if he's going to whine like a pregnant mule about it, take Nintendo to court over this

You either have one of two outcomes:

1. All lets plays are viewed as legal, in which case anybody can do them and Joe can do all the nintendo games he wants

2. All lets plays are viewed as illegal, and Joe flushes his and every other lets player down the toilet, from youtube to twitch

I think he should go for it, considering amazon just bought Twitch for a BILLION dollars, they'd be scared shitless of losing their investment and would push back against gaming companies on this issue
 
fss69 said:
Youtube stars? Hahahahaha. What -- that wasn't the punchline?
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Don't understand this response, a lot of these guys make some serious money doing this (some probably more than you do actually working). There's a few youtube channels I actually really enjoy and once a week I'll spend 2-3 hours watching them.
 
Ragenrok said:
Don't understand this response, a lot of these guys make some serious money doing this (some probably more than you do actually working). There's a few youtube channels I actually really enjoy and once a week I'll spend 2-3 hours watching them.
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Every generation has its old timers lol.
 
I've managed a few twitch tv streamers as well as worked with a few youtubers in terms of content generation and managing their brand / business. I do this on the side and work a lucrative job on Wall Street.

Some of my clients from a few years ago were struggling to make ends meet...now, a number of them make more than me. Obviously a lot riskier, but folks can make a living off this stuff pretty well.

That being said, I'm kind of torn. Nintendo is pulling a dick move here, but they are entitled to some compensation, especially if it's "Let's Play" material. If it's something like Starcraft or a Fighting Game, I feel the company is less entitled to compensation. For a story driven game, where knowing the plot, and the creative effort that went into it may reduce your chance to buy the game itself, then yea Nintendo is entitled to something*.

Overall though, Youtubers and Streamers would be better served just moving onto other content. Plenty of games to play, plenty of things to do. Let Nintendo lose out.

*I'm aware this is a controversial opinion
 
NeoMatriX724 said:
I've managed a few twitch tv streamers as well as worked with a few youtubers in terms of content generation and managing their brand / business. I do this on the side and work a lucrative job on Wall Street.

Some of my clients from a few years ago were struggling to make ends meet...now, a number of them make more than me. Obviously a lot riskier, but folks can make a living off this stuff pretty well.

That being said, I'm kind of torn. Nintendo is pulling a dick move here, but they are entitled to some compensation, especially if it's "Let's Play" material. If it's something like Starcraft or a Fighting Game, I feel the company is less entitled to compensation. For a story driven game, where knowing the plot, and the creative effort that went into it may reduce your chance to buy the game itself, then yea Nintendo is entitled to something*.

Overall though, Youtubers and Streamers would be better served just moving onto other content. Plenty of games to play, plenty of things to do. Let Nintendo lose out.

*I'm aware this is a controversial opinion
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Saying they are entitled to compensation is like saying Paramount should have gotten a cut of siskel and eberts reviews. This is an example of IP overreach. They should take their video game money and be happy.
 
Any opinion is controversial but I think a number of people agree if they look at it.

I say boycott if you don't agree. It gives you more time to make your money on youtube, on other games.
 
Nintendo is most definitely entitled to compensation. Similar to rebroadcasting of music being subject to royalties, the rebroadcast of video games is the primary feature/draw of the show, and should be subject to license payments. It's entertainment using their (currently unlicensed) content, after all.

And if you spend the whole show featuring footage from a single game (instead of of covering lots of games over the duration like a news show), and it's not obviously a comic parody, then there's no way the streamer has any protections under the law rebroadcasting that content, or making a profit from it.

I think the 40/60 split is a little high, but not outrageous in the working world.

WHAT IS OUTRAGEOUS is the fact that they think they can assert final editorial approval over any new content that they did not create (i.e. the host's part of the stream).
 
DarkStar_WNY said:
Personally I think it's in the best interest of YouTuber's to public boycott everything Nintendo until they stop being dicks.
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That'll work as well as the pre-order boycott. Heck, people on this forum will probably say, "You can't tell me what to do, I'm going to order TEN nintendo games now out of spite". :D
 
" for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright."

This should say it all
 
ShamisOMally said:
I told AngryJoe if he's going to whine like a pregnant mule about it, take Nintendo to court over this

You either have one of two outcomes:

1. All lets plays are viewed as legal, in which case anybody can do them and Joe can do all the nintendo games he wants

2. All lets plays are viewed as illegal, and Joe flushes his and every other lets player down the toilet, from youtube to twitch

I think he should go for it, considering amazon just bought Twitch for a BILLION dollars, they'd be scared shitless of losing their investment and would push back against gaming companies on this issue
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You forgot outcome 3: Nintendo is making a lot of money off of these videos and management decides that it's worth the money to drag this out in court long enough to make Joe bankrupt.
 
Wii U sales are a disaster and Nintendo pulls this. That company is a mere shadow of its former self, and even that's a stretch.
 
I get constant requests for Nintendo games on my stream, this will continue my stance of no Nintendo games. I'm not a big streamer, I can't afford for Nintendo to suddenly take the revenue of one of my streams because I talked about Mario for 5 minutes. Seriously screw them.
 
DocSavage said:
What if Nintendo just got 20% of the revenue? Would that be ok?
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No. It's a review or an opinion piece from a gamer or a fan; it's not an ad, they should just eff off and enjoy the free publicity. It's completely asinine.
 
Dekoth-E- said:
I get constant requests for Nintendo games on my stream, this will continue my stance of no Nintendo games. I'm not a big streamer, I can't afford for Nintendo to suddenly take the revenue of one of my streams because I talked about Mario for 5 minutes. Seriously screw them.
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Spire3660 said:
Saying they are entitled to compensation is like saying Paramount should have gotten a cut of siskel and eberts reviews. This is an example of IP overreach. They should take their video game money and be happy.
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What Spire said.
 
Dekoth-E- said:
I get constant requests for Nintendo games on my stream, this will continue my stance of no Nintendo games. I'm not a big streamer, I can't afford for Nintendo to suddenly take the revenue of one of my streams because I talked about Mario for 5 minutes. Seriously screw them.
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So you're more of a Cleveland streamer? :D

You make it sound like you already have No Nintendo policy. So how would this affect you?
 
ShamisOMally said:
I told AngryJoe if he's going to whine like a pregnant mule about it, take Nintendo to court over this

You either have one of two outcomes:

1. All lets plays are viewed as legal, in which case anybody can do them and Joe can do all the nintendo games he wants

2. All lets plays are viewed as illegal, and Joe flushes his and every other lets player down the toilet, from youtube to twitch

I think he should go for it, considering amazon just bought Twitch for a BILLION dollars, they'd be scared shitless of losing their investment and would push back against gaming companies on this issue
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It doesn't work that way, at least according to Jim Sterling.

In order for Joe, or anyone to take Nintendo to court Nintendo would first have to come after them (legally) through a DMCA Violation.

See:
https://www.youtube.com/watch?v=0dHGVF2syAQ

"They have to escalate it first. I get to counter-sue when a developer takes this far enough to turn their copyright strike into a full on DMCA case. If they take me to court, and fail there, THEN I get to fire back for damages. This is what legal folks have said on the matter.

So this is why I just "whine" about it on YouTube for now. "
 
Eradan said:
So you're more of a Cleveland streamer? :D

You make it sound like you already have No Nintendo policy. So how would this affect you?
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That was probably decided after Nintendo's plans were released. That's my guess anyway. I doubt many people would boycott making vids of it, just to boycott it.

And I didn't know that about the copyright claims... seems odd to me. It's like a DMCA strike while not actually doing one. I don't actively seek out Jimquisition stuff anymore. I don't avoid it, I just don't actively seek it out.
 
Eradan said:
So you're more of a Cleveland streamer? :D

You make it sound like you already have No Nintendo policy. So how would this affect you?
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I tried so hard not to laugh at this...I failed,

Actually Nintendo started pulling this shit a few years back to a lesser extent which prompted my policy in the first place. This continued idiocy forces me to keep it in place. Which is sad really as I love certain Nintendo games and would love to honor viewer requests for them. Unfortunately Nintendo seems bent on being as anti supportive of fan created content as possible.

The thing is, based on the actual law as it pertains to commentary on content, Nintendo would likely lose if this went to court. The problem is, none of us can afford the risk of fighting them. So the only real way to deal with them behind dicks is to give them exactly what they want and never produce Nintendo based content.
 
defaultluser said:
Nintendo is most definitely entitled to compensation. Similar to rebroadcasting of music being subject to royalties, the rebroadcast of video games is the primary feature/draw of the show, and should be subject to license payments. It's entertainment using their (currently unlicensed) content, after all.

And if you spend the whole show featuring footage from a single game (instead of of covering lots of games over the duration like a news show), and it's not obviously a comic parody, then there's no way the streamer has any protections under the law rebroadcasting that content, or making a profit from it.

I think the 40/60 split is a little high, but not outrageous in the working world.

WHAT IS OUTRAGEOUS is the fact that they think they can assert final editorial approval over any new content that they did not create (i.e. the host's part of the stream).
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That would only be applicable to something like Let's Plays, which are more of a grey area depending on how they're done. If you did a review of a game, it wouldn't matter if your footage is nothing but one game from beginning to end, it would be considered fair use.
 
I'll just leave this reply I saw at another forum:

Nintendo. God they make amazing games, but outside of that they are severally behind.

I believe their Youtube thing is on par with their shared account we finally got after 6+ years of waitting.

Being a Kyoto company really doesnt help. The mentality of Kyoto is seriously conservative. My best example (and probably horrible one) would be the people in Texas that still believe it's is own country, its nearly the same, there's japan, then there's Kyoto. Outside of game making, or marketting in each otheir own region, youtube is a decision from Kyoto, just like how the account system was also from kyoto.

This youtube thing will take a long time until its youtube content creator will be free to do what their are able to do with other companies
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tetris42 said:
That would only be applicable to something like Let's Plays, which are more of a grey area depending on how they're done. If you did a review of a game, it wouldn't matter if your footage is nothing but one game from beginning to end, it would be considered fair use.
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Well yeah, isn't that what this is about? A review features more talking than just straight gameplay.

The article mentions nothing but Let's Play channels.
 
The only problem is he tried to monetize his terrible programing. There's plenty of people doing let's plays and reviews of Nintendo(1st party at least) stuff on Youtube, all you have to do is type in the name of the game into the search bar. So there's enough people will to work with Nintendo or they do it because they actually enjoy video games.

But nobody plays video games to enjoy them anymore do they? We have to fucking stream them or make money off them somehow now. :rolleyes:

Joe admitted he did this to drum up hits on a slow news day.

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