Why It's Morally Okay To Pirate All Of Nintendo's Games (The Jimquisition)

[vivster]

SpokenTruth said:

vivster said:

It's not a policy, just a tool that youtube provides. But it's just a bad implementation in that people who claim content have all the power and are not reprimanded even if they falsely claim content, while people who got struck get nothing to reimburse them.

Let's plays are debatable. The most popular streamers are being watched not because of the games they're playing but because people like to watch them and listen to their comments and opinions. Which means they create their own transitive content from gaming content. Especially if you consider that the actions the players take are not pre programmed by the game devs and are in itself newly created content not by the game developers but by the streamer.

But let's Plays aside, Nintendo is also claiming clips in critiques and tiny video snippets used in montages which is definitely under fair use. That's what it's about.

I've only seen Let's Play users get hit but standard fair use applications should be restricted by Youtube itself.  As for Let's Play and fair use, how often are entire other works of art given this same treatment?  Do full length movie user commentary exist?  Not likely ebcause it Doesn't a listening party for a new album require permission if it's not the official listening party?   All the other mediums that expose users, viewers, listeners, watchers, etc...to the entire production/reproduction of something is restricted to some form of payment or official permission.

Snippets for reviews, news, etc...certainly fall under fair use but again I've not seen them targeted yet.  I'll have to look later.

I adressed this. Let's plays are different from just presenting a finished piece of art like a movie or an album. A game is interactive. While playing a game you create content yourself. The game dev did not program you to jump at that exact spot or to craft this item at that moment. In this regard games are more like toolsets. A streamer creates content by playing the game and adds additional content by commenting and using video edits. In the end the game software itself is only one small part in the newly created product. That's why Let's Plays are debatable. You can certainly not put them on the same level as music or movies unless you alter the content of those.

You just have to watch this video. He mentions several instances of Nintendo claiming fair use material. That's the only reason why the so called "copyright deadlock" works.

To get back to the actual topic of the thread, this is about morals. Enforcing a law does not grant moral high ground. Almost every single game developer not only allows but in some instances even embraces streamers and content creators on youtube. While Nintendo is one of the most radical enforcers of their twisted version of the copyright law. It's just dickish and stubborn behavior and they deserve to be called out on that.

Just look at Konami or EA or Ubisoft. None of them are really breaking any laws yet it's ok to call them shit as soon as they pop up in a conversation. That's why we need threads like these to spread awareness and hate evenly.