I love how games go from being called movies to walking simulators back to games back to trying to be movies again.
Fair use still has to be fleshed out for video games, yet it most likely will not include streaming a game from start to finish. I assume the Streams they want to shut down are the ones making money from them?
What can I monetize?
Video game content may be monetized depending on the commercial use rights granted to you by licenses of video game publishers. Some video game publishers allow you to use all video game content for commercial use and state that in their license agreements. Likewise, videos showing software user interface may be monetized only if you have a contract with the publisher or you have paid a licensing fee.
Yet it's still a grey area with a rather huge loophole
Video game content may be monetized [without consent] if the associated step-by-step commentary is strictly tied to the live action being shown and provides instructional or educational value.
It's a new area in copyright law and so far companies have condoned let's play videos as a free form of advertisement. That doesn't mean it isn't in their right to put a stop to it. Yet by condoning it for so long they'll now have a much harder time trying to enforce copyright.
End of the day it's still a Gray area, which doesn't automatically mean that it's to always be on Atlus's side or anyone else's for that matter.
Also the side for Atlus doesn't get to call games as movies and then decide when they aren't either. Games are games full stop.
By whatever name you want to call it, that doesn't mean that Atlus would have any less right than Marvel to not have someone showcase the entire story they wrote on youtube or Twitch.
Although it doesn't seem like that's what this is about per say. It doesn't seem to be about monetization, but about preventing spoilers to be spread to a degree.
I can understand them not wanting youtube videos with blatant spoilers in the title. But just streaming it into a VOD (with an apprpriate title) seems fine to me. If you go to a P5 stream, you should expect spoilers.
Perhaps they will lift this restriction after a certain amount of time has passed?