Acevil said:
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That is exactly my point. Lets Play falls into a gray area with fair use (and Long Plays fall even closer to black) and their really isn't any precedent on how to handle these cases. Eventually something will come up, but until then it needs to be handled on a case by case basis.
Additionally, ContentID is an automated system and any videos that falsely get taken down are likely flaws in Youtube's sytem, which is a highly flawed system. These problems are on Youtube's end, and there really isn't a ton that Nintendo can do about it other than giving people free reign.
I think that without a legal precedent, something needs to give on the Youtuber's end, although I don't think Nintendo's strategy is particularly good...







