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Veknoid_Outcast said:
Barkley said:

His old videos all state in the description if they are sponsored, his videos that are sponsored since the FTC guidelines for youtube were created are disclosed very clearly. It's very easy to know when he has or hasn't been paid for making a video.

Also his videos ARE entertainment, in no possible way could PewDiePie's videos be described as "critique".

But if they are entertainment, and his viewers accept them as entertainment, why would WB approach him in the first place? In this lawsuit PewDiePie and others are listed as social media "influencers." WB targetted PDP et al. because they have the power to influence an audience and impact sales.

Correct me if I'm wrong but the videos were not allowed to include negative opinions about the game or Warner Bros., or show any bugs and glitches. And they also needed to include "a strong verbal call-to-action to click the link in the description box for the viewer to go to the [game's] website to learn more about the [game], to learn how they can register, and to learn how to play the game." 

Wouldn't you call that something that falls outside "entertainment"?

1.It's a paid promotion, advertising and exposure. He wasn't required to give opinions.

2. You'll be very unlikely to find pre-launch footage of any game with bugs and glitches, all games companies or on that like a hawk, and the bug and glitch free footage prelaunch is also used by REAL Video Games Media sites.

Publishers always tell media outlets "This is the footage you can use, you can use X amount of minutes from it." This is standard business practice.