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Forums - Sony Discussion - Sony DMCA's themselves on Twitter

Otter on 28 May 2020
melbye said:

I suspect a lot of people like myself are on a media black out. We've seen enough lol.


I check out Ghost however, its an unknown quantity so the more I see the better.



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sales2099 on 28 May 2020
melbye said:

Some people gave a reasonable explanation on the viewership disparity, ill give the reality that isn’t sunshine and rainbows. I see a lot of people online who are upset by certain elements in the spoilers. Coupled with the implications of harsh crunch culture, their mass YT copyright strikes is creating the “Streisand effect” (look it up if you don’t know) and ties to Anita Sarkeesian I can see bad word of mouth taking effect. 

This game gonna review great and sell millions. But I don’t think it will outsell the first titles lifetime. 

Last edited by sales2099 - on 28 May 2020

Xbox: Best hardware, Game Pass best value, best BC, more 1st party genres and multiplayer titles. 

 

kazuyamishima on 28 May 2020
melbye said:

People are trying to avoid spoilers the best they can.

Still this game will break sales records for Sony!



DonFerrari on 28 May 2020
sales2099 said:
melbye said:



This game gonna review great and sell millions. But I don’t think it will outsell the first titles lifetime. 

Mods have asked in almost all threads that talks about TLOU2 to avoid putting anything that could lead to spoilers, so it would be better to edit your post.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

DonFerrari on 28 May 2020
SpokenTruth said:
Immersiveunreality said:

Still debatable in federal court,published material for marketing or not and i'm not talking about this particular scenario but the bolded generalization you made in the previous comment .

But my statement wasn't a generalization.  It was specifically about marketing materials.

"Any photos or videos published for marketing purposes falls under Fair Use for they are published materials."


How in the world is that a generalization and not a specific reference to published marketing materials?

I'm pretty sure he was talking about unreleased material.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

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Jranation on 28 May 2020
melbye said:

The hype is literally dying from that game. 



Pocky Lover Boy! 

DonFerrari on 28 May 2020
SpokenTruth said:
DonFerrari said:

1). It is confidential and 2). under IP protection. So people preying and festering on the leak know they are in the wrong and are no angels that need protection.

1). Confidentiality is only relevant when you've signed a Non-Disclosure Agreement.

2). IP Protection is only relevant when one entity explicitly utilizes the IP of another for profit without consent. Commentary of an IP is not considered usage of said IP.

drkohler said:

Too bad but you picked the 1%

Fair use does NOT apply to unpublished work. There's at least two Supreme Court Decisions nailing that.

Any photos or videos published for marketing purposes falls under Fair Use for they are published materials.

DonFerrari said:

1). Copyright infringment is against the law, it isn't a secret. And even if it was personal secret depending on the case it is also a crime to disclose it, 2). could be considered breach of privacy in the least even if you go by "hearsay".

1). Nothing I've seen constitutes as copyright infringement. Otherwise you're infringing on copyright every time you say or write Sony, Naughty Dog, The Last of US, etc...

2). This is only valid if the leaker was under a Non-Disclosure Agreement with Sony or ND and not valid for anyone after the fact.

You can see here that it started on "FAIR use does NOT apply to unpublished work".

And Sony DMCA was regarding the leak wich is unreleased work, not on their trailer being commented.

Plus It is use without consent for profit. Quite easy to show since they put on youtube to get money from ads.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

DonFerrari on 28 May 2020
SpokenTruth said:
DonFerrari said:

You can see here that it started on 1). "FAIR use does NOT apply to unpublished work".

And Sony DMCA was regarding the leak wich is unreleased work, not on their trailer being commented.

Plus It is use without consent for profit. 2). Quite easy to show since they put on youtube to get money from ads.

1). "FAIR use does NOT apply to unpublished work".

Except it does.  Did any of you actually Google this?  Geez.

2). So no news, media, radio, etc...can run ads while reporting or commenting on anything copy-written.  Got it.

1) Since when is google the supreme court?

And again the leaks aren't published work and they aren't about any marketing material.

2) You were the one that put you can't use copyrighted material and profit from it.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

DonFerrari on 28 May 2020
SpokenTruth said:
DonFerrari said:

1) Since when is google the supreme court?

And again the leaks aren't published work and they aren't about any marketing material.

2) You were the one that put you can't use copyrighted material and profit from it.

1). Show me where the Supreme Court has ruled that unpublished works do not fall under the Fair Use doctrine. I'll wait. But I can provide you with case work backing up my stance if you can't find your Supreme Court case.  But, by all means, you first.

2). Direct profits, not indirect.  Are they selling the copyrighted material as their own material?  I should not need to explain this. 

Further point to 2). If not for this, any company could sue any media company, person or other entity on the grounds of copyright infringement for merely discussing a rumor before the IP is fully published. Again, I really should not have to explain this. 

https://www.artslaw.org/fairuse.htm

Rumor =/= leaked material. And is a very extensive material. And when most of the appeal of what you are doing is the material and most of the time is put simply showing the material then you aren't really contributing to claim any fair use.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."

DonFerrari on 28 May 2020
SpokenTruth said:
DonFerrari said:

Rumor =/= leaked material. And is a very extensive material. And when most of the appeal of what you are doing is the material and most of the time is put simply showing the material then you aren't really contributing to claim any fair use.

As I first said, that's an issue with just the leaker IF they were under an NDA or other confidentiality agreement. Not with those discussing it or reporting it.  Still falls under Fair Use.  No matter how much this bothers you, it's legal. 

A leak doesn't equate a publishing to claim fair use.



duduspace11 "Well, since we are estimating costs, Pokemon Red/Blue did cost Nintendo about $50m to make back in 1996"

http://gamrconnect.vgchartz.com/post.php?id=8808363

Mr Puggsly: "Hehe, I said good profit. You said big profit. Frankly, not losing money is what I meant by good. Don't get hung up on semantics"

http://gamrconnect.vgchartz.com/post.php?id=9008994

Azzanation: "PS5 wouldn't sold out at launch without scalpers."