Nintendo ID Claims Youtube LPs

[Kriven]

Whoops, I did my homework and it looks like I was right again. Donald Trump couldn't trademark "his" phrase. Whenever a company like Volkswagen tries to trademark "bug" or Facebook tries to trademark "-book", it hardly goes over well. If someone took the proper legal steps in the creation process it wouldn't be "terrifying" to create custom material. When people cut corners, don't want to be bothered by legalities or just plain dislike copyright laws of course they'll be shot down.

And yes, a precedent must be set before LP's are declared to be illegal. Nintendo's generous enough to let the LP'ers make LP's instead of sending an LP'er into financial ruin. I'd be willing to bet Nintendo's PR department figured this a much more acceptable and less aggressive alternative.

Keep in mind that if any LP'er wanted they could sue Nintendo! Would they succeed? Probably not. Would they end up having LP's outlawed? Hopefully.

Also the content-matching is very likely fault with Google's software, not Nintendo. I don't know the specifics, but I find it hard to believe Nintendo is manually flagging every single Let's Play they put ads on. If you have any evidence from a YouTube FAQ or something similar then do share.

(Also, Koh, that's not a FF edit...)

whoops, k

[MoneyMan]

Why is everyone getting so angry about this

[Gors]

people are fighting over you, basically


everyone wants the moneyman

[Roxas358]

Maybe this will help.

[Koh]

"Your video is not eligible if it contains content that you didn't create or get permission from its creator to use. You need to be able to show written permission for the following video elements: Audio: recorded music, live performances, cover songs, background music, etc. Visuals: images, logos, software, video game footage, etc. Any other content you don't own worldwide commercial usage rights to."

So basically, they dug their own grave from the beginning.

[Roxas358]

My post was to MoneyMan mainly. He asked why everyone is angry and I thought this guy kind of explains it. Maybe that was foolish?

[Sengir]

I stopped watching after the guy said Nintendo "read between the lines".

I didn't even spend that much time researching for my posts and I found the lines that prohibit LP's pretty blatant (Hint: It's in the US Government's Copyright FAQ)

[Roxas358]

I just want to end with this.

I understand that Nintendo is completely in their rights to do this. I don't know why they want to do this, but I know if I was a Big Company I wouldn't follow suit. I would allow people to make Let's Plays and I would allow them to make revenue.
I always watch Let's Plays before buying a game because I don't like to buy games blindly. Sure I could read about the game or watch a trailer, but that doesn't do it for me, I need to know how the game plays from someone who doesn't read a script or focus on the positives.

Another thing, I feel that you shouldn't just judge Let's Players without getting to know them (maybe your not, but that's the impression I get). I mean (I know that some people hate him, but) last year PewDiePie along with his million+ fans donated to St. Jude and the total donation price came up as $34,394 dollars. $34,000 of that came from PewDiePie's pocket and he likely wouldn't have been able to do that without his Youtube Let's Play career. Again, I'm not saying Nintendo is outside their rights, but look what LP's enable people to do.

Also I've seen posts on there videos before where people say stuff like "I had a really hard day and you're videos always cheer me up." or "I'm always so happy to come home to find that you uploaded another video. They always make my day's so much better." These LPers aren't just recording themselves talking over a video and doing nothing of real importance, they are making people want to live (Maybe a bit extreme but then life can be really cruel at times).
When people spend their days being bullied or harassed or just treated badly by students, teachers, customers, bosses, or even family members, friends. When life is trying to rip them inside out and spit them into the dirt, these Let's Players are there only way out. Those Let's Players really matter and if they can't make these videos because a company doesn't want them making money from videos that contain their content. Heck yeah do I think this is a horrible move for Nintendo to do.

Here's how in my opinion, smart companies treat their customers.
https://docs.google.com/spreadsheet/ccc?...DWnc#gid=0

Also I found an article written by an Attorney about Youtube videos.
http://fairusetube.org/guide-to-youtube-...s-fair-use

[NICKtendo DS]

Another thing, I feel that you shouldn't just judge Let's Players without getting to know them (maybe your not, but that's the impression I get). I mean (I know that some people hate him, but) last year PewDiePie along with his million+ fans donated to St. Jude and the total donation price came up as $34,394 dollars. $34,000 of that came from PewDiePie's pocket and he likely wouldn't have been able to do that without his Youtube Let's Play career. Again, I'm not saying Nintendo is outside their rights, but look what LP's enable people to do.

Also I've seen posts on there videos before where people say stuff like "I had a really hard day and you're videos always cheer me up." or "I'm always so happy to come home to find that you uploaded another video. They always make my day's so much better." These LPers aren't just recording themselves talking over a video and doing nothing of real importance, they are making people want to live (Maybe a bit extreme but then life can be really cruel at times).
When people spend their days being bullied or harassed or just treated badly by students, teachers, customers, bosses, or even family members, friends. When life is trying to rip them inside out and spit them into the dirt, these Let's Players are there only way out. Those Let's Players really matter and if they can't make these videos because a company doesn't want them making money from videos that contain their content. Heck yeah do I think this is a horrible move for Nintendo to do.

Okay, here's what I think.

1: I can cleanse myself of all my sins and evil just by donating a lot of money? Great! Maybe if I donate $34,395 dollars, I'm a $1 better person than PewDiePie.
Okay, I'm not saying he's evil. I think it's great he donates money to charity, but here's the deal: LP money isn't the only donatable money in the world. I could rob a bank and donate that money, that doesn't justify me robbing a bank, dispite the good intentions. (Again, LPs aren't illegal and PDP is by no means a thief or criminal; that is not my point)

2: If I feel down, animals cheer me up. The bird that visit our garden usually puts a smile to my face. Chocolate makes me happy too. LPs do not have to exist to keep people from killing themselves. It's ridiculous to think it's "their only way out". Maybe PewDiePie should work at a suicide hotline? I dunno.

This is just a counter argument, so please, no hard feelings.

[ZeldaClassicEXPERT]

ZeldaClassicExpert, your advice in invaluable.

Blorsal I would like you to please explain what you mean by
''
ZeldaClassicExper, your advice in invaluable
''
(which I think you meant to put is invaluable), thank you. Not mad at all just curious.

[Koh]

You know, when I keep reading counter arguments against Nintendo, I often believe it's from people with the mindset of "I paid for the game, therefore I should be able to do whatever I want with it." Little do they realize, when you buy something, all you purchase are the legal rights to access and use the product. You do NOT gain any distributive commercial rights around it whatsoever.

[Mutsukki]

This argument again? It makes absolutely no sense. You're not distributing the game, you're not sharing it, you're actually making it harder for the person to enjoy ONLY the game, because there'll be freaking commentary over it. It's not like the person's sharing or pirating it.

Also holy crap, you people are arguing with some pretty EXTREME points. Bank robbery? Illegal? Suicide hotline? Really, now?

Finding Nintendo to be "generous" in this case is really, really naive.

You keep saying trademark this, trademark that with no actual back up evidence (unless I skimmed through it) that validate those claims, just throwing it left and right like some sort of fancy buzzword that you just learned yesterday.

I get some people here are trying to defend the creators of the game from having their content "stolen", but you're ultimately coming from the wrong direction. The game has been paid for already (by the LPer) and people watching it doesn't equal to people not buying the game. In fact, it's QUITE the opposite. I suggest you all search for the effects that an LP of the game "Dangan Ronpa" had, please.

Edit: I'm too angry to format this post, fuck it

Edit2: Did people really invalidate e-sports by comparing it to real life sports? -really- I guess chess couldn't be considered a legitimate sport by these terms anymore

[Koh]

Mutsukki...LPers who monetize are doing exactly what we said. Passively through ads, and getting revenue off of them, they're essentially "pay to watch"-ing their videos. Although the viewers don't personally pay out of pocket, when an ad is viewed, the money goes to the uploader. When it comes down to it, that money is coming from them showing almost all of the contents of something they didn't create, hence where we stand now.

[DioShiba]

So?

Who really gives a fuck at this point.

The videos aren't being taken down and the LPers are whining because they think that it's going to completely ruin them uploading shit.

Boo hoo, they're not getting enough money off their videos because nintendo wanted to advertise on those sets of videos. I don't really see the problem aside from greed here. It just seems like a waste of time arguing about something that isn't remotely that bad.

Come to think of it how many people even get paid to do these videos.

I know the ones that are really popular and shit get paid and all but there are a ton of users out there who don't bother getting paid for it. Again, not seeing the point in this.

Actually looking deeper in to this, this isn't going to affect the LPers at all. They don't get paid to just upload videos they get paid to sell advertising. I don't see what the big issue is if Nintendo wants more advertising in videos that have their IP in it. The argument of the above video is pretty invalid unless an LPer does not get paid to do that.

[Mutsukki]

Mutsukki...LPers who monetize are doing exactly what we said. Passively through ads, and getting revenue off of them, they're essentially "pay to watch"-ing their videos. Although the viewers don't personally pay out of pocket, when an ad is viewed, the money goes to the uploader. When it comes down to it, that money is coming from them showing almost all of the contents of something they didn't create, hence where we stand now.

We keep hitting the same point now and then. In my view, you're analising it WAY too superifically and frankly, most things sound wrong when put in a similar light.

"Oh, he's getting paid to talk shit about that movie while showcasing it, truly he should be taken down", but being a reviewer is a legitimate job that's been around for a long time.

Honestly, and I hope I don't offend anyone, the counter-argument seems really based on people being very conservative about what can be seen as a job or not. Apparently, "video maker" is not considered a "real job", and I'm not really sure why, because, again, writing and performing enjoyable content is no easy task. They're riding off the game's content to produce their own? Well, yeah. But didn't I just show Mystery Theather 3k a while back in a point? And isn't that basically what parody movies and shows do to succeed? Well, I'm going off-topic, but this is honestly what is seems like (backed even more by the sports =/= e-sports argument earlier).

Actually looking deeper in to this, this isn't going to affect the LPers at all. They don't get paid to just upload videos they get paid to sell advertising. I don't see what the big issue is if Nintendo wants more advertising in videos that have their IP in it. The argument of the above video is pretty invalid unless an LPer does not get paid to do that.

If that was just it, it would be great for both parties. The thing is that Nintendo is taking the money intended for LPers and forwarding to them, basically.