The Fury said:
But that's just it, it's different from player to player experience but it's people watching 1 person playing. Which brings us on to the second point. If I watch a gameplay video of someone play a game to get an idea of how it play, I won't continue to watch the entire series of their gameplay, I'll watch the first video, then decide if the game looks good or not. I too have seen videos from people playing on youtube and because of their word of mouth review bought and enjoyed the game (only really once and that was Borderlands 2... I bought it used so...). Yet there are people who do, they watch all the cutscenes, all the gameplay. Yet, it still doesn't excuse the fact they are making money from other people's work. You say people are passively watching, but I listen to music on youtube, more so than in the real world and I know adverts pay for much of that. If someone else took that music and did a video of it, they wouldn't be able to advertise on it, infact adverts may appear but proceeds going to the musician not that person. Taking books as example again, I could read a book out loud on camera in video form and claim money for this with not a penny going to the writer and it would not be seen as okay to do this. I wonder what in game player's minds make them privileged enough to be above that obvious copyright infringment just for the sake of 'word of mouth' advertising. I also, wonder why it matters to them so much that Nintendo has a policy such as this, if they don't want to sign up to it, just don't do Nintendo videos or just don't advertise on those videos. To complain that they can't is being greedy. |
With music it's exactly the same as all the other media you've mentioned; the enoyment stems from the listening. It's passive entertainment (like reading or vewing films/TV) as opposed to directly interactive. The laws were made when gaming wasn't a mainstream hobby, so you could argue that the laws for this particular case/entertainment media are dated. As I said in my previous post, people have been sharing these types of experiences for years, only now it's also online.
On your point about youtube viewers who only watch the cutscenes and gameplay, you could also argue that those people were highly unlikely to have purchased the game if that was their only motivation.
As for your last point, I think most people, myself included, aren't arguing that Nintendo can't do this. By current law and by rights, they can protect their IP. However, it doesn't necessarily make good business sense, especially as other publishers haven't implemented anything quite as stringent as this. The fact that this is a beta program suggests that Nintendo aren't too sure either.