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Ouroboros24 on 27 October 2016
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Nuvendil said:
Ouroboros24 said:

Reviewers may still review to the honesty of their own merits.  That's never an issue.  Sure their video gets taken down, but again, they should already know no to cover Nintendo.  As for overstepping, don't cry over something someone has over you.  It's their right to do so and it is your right whatever actions you see fit for yourself.  Don't see why Nintendo has to be responsible for the outcry of people who can't cover their stuff.

Positive or not is never the issue.  It was about control.  They prefer control.  That was always their motive behind youtube.  What I see is a path and opportunity for Nintendo and Youtubers.  They prefer the ones that play ball.  Don't play ball, don't get in bed with Nintendo.  Simple as that.  The outcry for their product to use as a subject is in Nintendo's advantage just like any IP Nintendo owns and does not permit to be used by others.  Making a Nintendo video and expecting some sort of compensation(or even the feel good feeling of creating content just for the sake of content) is not Nintendo's problem.  If you were to make a Mario costume and make profit from their brand, Nintendo is surely within their right to shut you down.  And no, it doen't suck.  It kicks ass for Nintendo.  Not for you or I, but it is a good Nintendo sees for themselves.  If they change that policy, well rainbows and sugar, but at the moment, not happening. That's all.

As a writer, I know the authority copyright affords.  I know my rights, what I can control and I know what I can't.  I know - I don't think, I know - that the Content ID system and the use of it by Konami, Nintend, Activision, and many others is not ok, it is not ethical, and it is at times outright illegal. 

And selling a Nintendo branded costume is trademark infringement, totally different thing.  Covering a Nintendo game in punditry, parody, or review is universally, incontravertably covered in fair use.  It would be upheld in any court and they definitely have no right to take money from such through some back door YouTube put in.  If I write a Review of Nintendo's next game, I can have 50 screenshots to go with it for illustration and I could sell it.  And Nintendo could do nothing.  It is no different for a YouTuber using illustrative footage. 

So no, this is not OK, it is not ethical, in many cases it isn't even legal. 

I'm not gonna pretend to know the legal system reguarding what Nintendo is doing.  All I know is that Nintendo is able to do what they do to youtubers and so far they're doing it.  Youtube is not a rinkydink mom and pop business.  Yet here we are, people talking about ethics and fair use.  If it's illegal, why is it still happening?  Tell me that.  Apparently Nintendo is above the law now.  And if loopholes and other shenanigans are involved, well apparently if that option is there to choose, Nintendo chose it.