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SpokenTruth said:
archer9234 said:

Problem with all this is the legal hole that hasn't been decided, yet. Are LP's fair use or not? Most people say yes. 

And most people would be wrong.  Fair Use requires that you do not profit directly from the trademark or copyright or that only a small portion of the IP is shown (15 seconds for audio is standard by the MPAA for instance).

Displaying the entire contents of an IP in a for-profit enterprise will not be granted Fair Use.  

 

If someone did their own commentary over a movie on Youtube with profit, Fair Use would never hold up.

Court still needs to decide if game play is the same thing or not, as displaying music, video, in its entirty. Since you're interacting with it. Wouldn't this also have made Twitch unviable, in the first place. Ads are placed on every single video.