Pewdiepie Complains against Nintendo Youtube Policy

[Mythmaker1]

Mr Khan said:

Mythmaker1 said:

sc94597 said:

To be fair, video games are meant to be played, so watching a video of it doesn't entail consumption of the full product. It would be like watching movie, tv show, or sports game with no sound. Still, it is Nintendo's property and they have a right to determine how to use it. People are arguing that Nintendo benefits from this third party let's play use, and in some cases that might very well be true. 

It's not really that simple. Yes, it's Nintendo's property, but they can do this sort of thing because Youtube allows them to. There isn't a clear precedence for this because it hasn't gone to court.

Fair use i don't think falls under people making money off of use of the content. Ironically, Youtube Poop or something like it could be protected as parody even if the owner is a Partner, or possibly video *reviewers* using content in order to create a critique. Then the question would come if a Let's Play falls under critique or merely presentation of the content. That's largely the issue, and one would think Nintendo would have less to fear from this than others. For instance, if i watched a let's play of a very story-driven game, like 999 or Heavy Rain, what incentive would i have to ever play it? A let's play of Smash U has less to fear from that, because you get little of the experience of the game through simply watching.

If you mean peope making money while using the content, it can still be fair use.