Angry Game Dev Sues Jim Sterling for $10 MILLION

[elektranine]

Dr.Henry_Killinger said:

elektranine said:
I funny how most users here know nothing about the law or what fair use constitutes. What he did was illegal and not covered by far use. You cannot make a video of a copyright work in any way and just claim it as 'fair use'. Fair use only applies when the entire video is critic or satire based. Even when something is legitimate fair use that goes away completely when the copyright work is harmed in any way.

Why do you think any lets play video can be claimed by the ip holder.

Enough with the armchair lawyers.

Neither do you apparently. 

a fair use is any copying of copyrighted material done for a limited and “transformative” purpose - See more at: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.IU88F0as.dpuf

If you are commenting upon or critiquing a copyrighted work — for instance, writing a book review — fair use principles allow you to reproduce some of the work to achieve your purposes

Copyright Claims(Temporary) do not equal Copyright Takedowns(Permanent), the takedown is when said claim is succesful because of a violated copyright.

Playing a videogame alone is transformative, commenting/critiquing it is clear fair use.

What you linked to is not from a law library and is from a regular library resource. In fact it is somebody's blog posting. Not the most credible source of information on legal definitions. A law library would be much better.

 

And thanks for pointing out Jim Sterling's non-fair use of their copyrighted work. The video he created was not a critic of the game. Nor was the video created to satire/parody the game. He created the video specifically to financially enrich Jim Sterling through ad revenue. That goes outside the bounds of fair use. You have to understand that his video was not a review in any way.