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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.

Out of fear of a lawsuit. Plenty of people in the music/video industry have already sued Youtube. Most of them didn't win, but if it were to be shown that Youtube had the ability to remove such videos, per request of the IP owner, and they chose not to they certainly would lose in court. There doesn't need to be a precedent for this. It is simple logic based on the law.