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Nuvendil on 05 April 2015
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garywood said:
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.


You seem to be operating under the misapprehension that to sue someone you just have to really feel that you're in the right. 

I agree on the issue. It's stupid nonsense and they're harming their business. But the law is on their side.

Actually, no, the law is not necessarily on their side.  Many let's plays would fall under commentary or  arody, especially the edited down version Joe had.  Which would place them under fair use.  Nintendo has also claimed news videos that used pics or video clips from their games, seen that first hand.  Again, all fair use.  And in these instances, Nintendo is vulnerable to a lawsuit.  And I get that this is the YouTube system allowing for passive abuse of power Nintendo still has its responsibilities under the law.  

 

And would people stop saying that Joe's fans crowd funded him a Wii U? ONE guy donated the money for the BUNDLE ALONE to get him a Wii U with OUT OF THE BLUE with no request or implication of demand for Nintendo content coverage.  And Joe saying he bought x, y, z is simply not some scandalous lie.  For goodness sake donations are part of his revenue; that plus the ad revenue are used to buy most everything he uses on the show in some form.  And by the way, he has done and will continue to do Nintendo coverage on Twitch.  So stop with the ad hominem attacks.  Seriously guys, take a darn chill pill.