This is the year 2015 not 1995.
In this day and age, with the Internet, ignorance is a choice! And they're still choosing Ignorance! - Dr. Filthy Frank
Who cares, Nintendo isn't dying to have his support or anything. I highly doubt he helped push millions of copies of Smash Bros. Please, guys. Let's move on, that joe guy is no longer doing Nintendo videos, I hope he does well but hey, he's gone. Nintendo will still do very well in the future. All the drama is stupid and childish. Nintendo is a big company, a HUGE company. Their rules are their rules, sucky or not. It's like a 2 year old getting mad at his mom because she said no cookies before dinner. Grow up. Yeah, Nintendo may be wrong about the fact that you can't have other games on your channel but yeah, move on.
Right or wrong is besides the point be it Joe being wrong or Nintendo, its plain stupid on their part and disgustingly greedy. They are losing market support and modern advertising which has considerable influences on gamer's these days. They are behind the times and are becoming more and more irrelevant to the mass market.
If Sony MS EA Activision whom ever can make it work, other then incompetence why cant they ? Its obvious what the reason is why most youtuber types don't make videos featuring nintendo.
However the case may be, this isn't helping Nintendo. Pushing others away who may have an interest upon doing "Let's Plays" isn't expanding their current install base. Of anything, this may end up hurting them more than they realize.
" It has never been about acknowledgement when you achieve something. When you are acknowledged, then and only then can you achieve something. Always have your friends first to achieve your goals later." - OnlyForDisplay
You need to understand that watching a video game is not the same as playing a video game. A video game involves human interaction. Therefore, Nintendo is not losing anything, but gaining a potential customer.
Watching a lets play, or a review is even less than watching someone else play a demo in a video game store.
Yes Nintendo have the rights to do it, but it's a stupid thing to do because they're the only ones doing it.
Nuvendil said:
Fai Use doctrine doesn't just apply to non-monetized creations. How do you think literary critics who quote massive sections of creative works make money when they publish their article? How do you think art critics make money when they publish an article containing pictures of the very paintings they are discussing? Because Fair Use protects them. Fair Use doctrine is an important part of copyright law which exists as a check to copyright holder's power to prevent censorship of criticism and discussion. The only area where not making money helps your case is with works that are arguing for fair use purely on the grounds of being a transformative work. In other words, fan art. But even then it has very little bearing. But commentary, parody, review, critique, discussion, all of these content forms are protected under fair use and are their respective creators' property alone. The copyright holder has no right to impede them in any way. |
Good summary.
I believe in honesty, civility, generosity, practicality, and impartiality.
Nintendo is in the right. Why should they allow people to make money off of their content?
I'm really surprised people are ok with the notion that playing a game and recording it constitutes IPR of the game creator. Let me give you some examples on how, in other contexts, this would be completely ridiculous.
For instance, let's assume that a video of a creation in Minecraft is Mojang's, now Microsoft's, IPR. Even though the creation in the video was made by the player. If this is valid, you could make the same case that recording a video of something you made in Lego would be Lego's IPR, and they could claim royalties for the video.
And by the same line, you could claim that Hugo Boss could claim royalties on a video you created where you wear their clothes. Ford on a video which had one of their cars in it.
The big difference with games as opposed to movies or music is that the players is creating something while playing it, just like if you are recording something while wearing a particular clothing brand. The developer/publisher does not own that creation. Now, we can have a discussion whether or not this includes the cut scenes, but where there's interactivity, there's also player created work.
This, in my opinion, is why Nintendo's Youtube policy is completely crazy. They claim ownership of other people's creation.
How many threads are we going to have based on one video. Nothing new ever gets said. It just turns into an echo chamber
#1 Amb-ass-ador
| Ruler said: Agree, sony should do the same. Make an update with hdcp protection for gaming and make the share functionality with a playstation watermark so every content could be claimed by sony. These lets play viewers who arent playing or buying the games are hurting gaming culture and industry |
But Sony did not do the same they did the exact OPPOSITE and built features inot their console to make it eaiser for You tubers and others uploading video s
They understand their console and their console owners benifit from this-
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