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Multishanks said:
Mythmaker1 said:


False equivalency there. Watching a video of someone driving a car and actually driving a car are not the same. Likewise with watching/playing a video game. Watching a video on Netflix and watching a video on Youtube are functionally the same.

It is more similar to covering a famous song. 

That case is extremely settled. Video games are not - a court could easily come down on - videos are original works and fair use for commentary reasons (Nintendo has no claim) OR substantial reproduction of content (Nintendo has full claim).