| Nuvendil said: You know, someone needs to sue Nintendo. And I say that cause I like them, I really do. But some people only learn the hard way. So if a YouTuber does a review and gets a claim and has the means to drag the big N to court, please do. They need to learn their lesson and if the burnt hand is the only form of education they understand, so be it. |
I don't think anybody wants that, because then lets say, hypothetically, Nintendo wins and the precedent is set down either that nobody can make legally make money off of let's plays, or worse, that YouTube has to take down all Lets Plays that aren't published by the content owners.
Essentially, the whole concept is a legal grey area, and you risk it all with a roll of the dice by suing.
It's similar to what Verizon did with the old net-neutrality rules. The old rules were a grey area that gave ISPs some leeway, but Verizon wanted more, so sued the FCC and got the rules struck down by the Supreme Court, but it forced the FCC to implement title II regulations which are much worse, from the ISP's point of view.
Suing will take an ambiguous thing and make it unambiguous, but it creates the possibility that someone operating in the margins will lose everything, just as likely as they could win everything.
Also: to the thread in general, do NOT use this as an excuse to bash the Nintendo fandom. I can agree with criticizing Nintendo with this case, certainly, but make it about fans and you're going to get taken down.
Monster Hunter: pissing me off since 2010.
