Nintendo asserts copyright against YouTube TASers

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tepples
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Nintendo asserts copyright against YouTube TASers

Post by tepples »

Nintendo has begun to file DMCA and Content ID takedowns against YouTube users who post tool-assisted speedrun videos.

http://www.destructoid.com/nintendo-s-c ... 0152.phtml
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Drew Sebastino
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drew Sebastino »

I'd honestly thought they've already been doing this. One thing that I thought was ridiculous is that they took down any videos showcasing Splatoon hacks. I mean, what could they possibly say about that that they couldn't say about any other video? It's not like they can say piracy.

Also, does Google just blindly follow Nintendo or something? I mean, whenever Nintendo wants videos to be shut down for whatever silly reason, they are.
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rainwarrior
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Re: Nintendo asserts copyright against YouTube TASers

Post by rainwarrior »

YouTube is a public broadcasting of images and sound that they created and own, so it seems to be technically within their right to assert copyright in these cases. Most game publishers/developers wouldn't do this, though, because they realize what a stupid decision it is.
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drag »

Japan in general seems more strict about copyright policing than other countries. Being a creator myself, I understand how you want your stuff to be your own and for nobody to derive it without explicitly asking for your permission. I also understand that, with video games, there are situations where you may not want videos of your game being shared around youtube. For instance, a game that is heavily story-driven, such as To The Moon, may suffer from someone having a full playthrough of it, because it's largely a story (only very minor gameplay) and that's pretty much 90% of the content available right there for free.

However, you need to think about your fanbase. Mario is always about running and jumping. You can watch someone do it, but doing so isn't spoiling the game to the point where you gain nothing by obtaining it and playing it yourself. After all, you can watch how to beat each stage, but actually beating the stage yourself relies on your skill and ability. What is the harm of someone showing off their playthrough of your game under these circumstances, especially if it may convince someone to purchase it for themselves? (To clarify, if someone is interested in buying the game, someone's playthrough may push them over the edge to get it. Someone who only wants to watch would never have bought it anyway, so there's no lost sale.)

The problem is that I fully understand Nintendo's desire to control the distribution of their property, but I don't understand why they have such a strong desire to do so. Or another way to look at it, why does it bother them more, but it bothers me less?


On another note, I understand why they'd take down videos of Splatoon glitches. Splatoon is an MMO where the other players have an effect on others' enjoyment of the game, and these videos are basically "here's how to cheat", and they don't want it to become like Starcraft where cheating and exploiting game engine oversights is part of the game. The word for that is meta-gaming; playing the game by playing with the game, rather than playing the game the way it's "supposed" to be played. It's the reason I can't play AoE2 online ever again, so I can understand Nintendo wanting Splatoon to be free of that. However, once you patch the glitch, who cares?
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Drew Sebastino
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drew Sebastino »

Drag wrote:For instance, a game that is heavily story-driven, such as To The Moon, may suffer from someone having a full playthrough of it, because it's largely a story (only very minor gameplay) and that's pretty much 90% of the content available right there for free.
Sounds like a fun game. :lol:
On another note, I understand why they'd take down videos of Splatoon glitches.
No, I'm talking about actually manipulating the game, like changing the variable running speed, which is conveniently located in a textfile (somehow. Does the game actually parse the textfile to find something like "runspeed:" in ASCII? Why not just make it some kind of variable before compiling? Creating something that reads a textfile is more CPU intensive and just more hassle to program) in English. It's almost like they want people to mess with the game. Anyway, I'm not even sure it would work online, but I'm really not even sure how online works on that game because It's much slower than some other games I've played. I've heard that there isn't a central server that actually runs the game, but the server just connects you to a "partner". It seems that if your "partner" has a bad internet connection or lives on the other side of the world or something, the worse it is in that people teleport back and forth and can kill you instantly and take a bazillion hits before dying.

Anyway though, they didn't take down the videos for hacking the games, the took them down for copyright as an excuse? How about all 100+ of them here?: https://www.youtube.com/user/ZackScottGames/videos

That reminds me, the only reason I even bought a Wii U for that games is because of gameplay videos. At first, I though it looked like the dumbest game ever: https://www.youtube.com/watch?v=pjPOSKnOftA Yes, it does show off the gameplay (sort of) but I was way too focused on what they where "singing" than anything. (Am I the only one who initially thought this game wasn't made by Nintendo? I thought it just was about one of the 3 3rd party game exclusively for the Wii U.)

Anyway, what do you have to say about that Nintendo? :wink:

This is really random, but am I the only one who had thought of the Incredibles when first seeing the game? Actually, apparently not:

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tepples
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Re: Nintendo asserts copyright against YouTube TASers

Post by tepples »

Espozo wrote:Also, does Google just blindly follow Nintendo or something? I mean, whenever Nintendo wants videos to be shut down for whatever silly reason, they are.
In order to preserve its safe harbor under 17 USC 512, YouTube has to act on all plausible notices of claimed infringement.

Technical discussion of the merits of putting configuration of a game for a modern platform in a text file continues in this topic.
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Khaz
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Re: Nintendo asserts copyright against YouTube TASers

Post by Khaz »

Youtube is currently like the "wild west" of copyright law. If your video gets a "contentID" match, they can have it removed immediately with no moderation or further verification of the claim. If the victim wants to contest that removal, they have to file a dispute - which comes straight to the person who filed the original claim and they get to immediately reject it without even reading whatever appeal you wrote to them. Simply attempting to appeal the initial claim will result in a copyright strike to your account if you didn't have one already, three strikes and Youtube will probably delete your account. Even one strike removes several privileges (like uploading videos over 10 minutes - effectively destroying an account that uploads TASes immediately).

Technically speaking, you can appeal the decision AGAIN, but then you have to get a lawyer and be prepared to go to court, and even if you do you WILL still lose.

TL;DR: As a victim of a copyright claim, just fucking give up. They win, you lose, end of story. You cannot fight back even if you're in the right. Take it from someone who knows first-hand.

Just hold out for a new black-market unprosecutable version of Youtube to emerge; it's our only hope for the future of the internet.

Yes this pisses me off, big whoop wanna fight about it?
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Drew Sebastino
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drew Sebastino »

Khaz wrote:three strikes and Youtube will probably delete your account. Even one strike removes several privileges (like uploading videos over 10 minutes - effectively destroying an account that uploads TASes immediately).
Is there anyway to have a strike removed? Does it eventually just go away if you do nothing wrong?
Khaz wrote:TL;DR: As a victim of a copyright claim, just fucking give up. They win, you lose, end of story. You cannot fight back even if you're in the right. Take it from someone who knows first-hand.
I'm hoping it wasn't by Nintendo...
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Khaz
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Re: Nintendo asserts copyright against YouTube TASers

Post by Khaz »

Espozo wrote:Is there anyway to have a strike removed? Does it eventually just go away if you do nothing wrong?
If you wait at least one year (sometimes more than that), it does go away, assuming you complete Youtube's excruciatingly-condescending "Copyright School" immediately every time. A year is a very long time to wait on the internet.
Espozo wrote:I'm hoping it wasn't by Nintendo...
It wasn't. This all happened on an alt account that has nothing to do with gaming, for the record. Had one strike from a band I like's parent company and one from FOX, and now there's advertising on everything else I uploaded there thanks to Hasbro. I want to just delete the account and take down everything I ever did. Nothing pisses me off more than someone else getting paid for work I did when I don't get a penny for it.

Back on topic though, claiming copyright on scenes out of videogames is absolutely ridiculous. That footage existing on youtube is basically free advertising for them and they're stupid if they take it down. People who don't want plot spoiled will simply not watch the spoilers. And if your game is entirely nothing but plot and you get the same value out of watching it on Youtube as you would out of playing it yourself then WHY IS IT A GAME AND NOT A MOVIE?

*grumble ramble growl*
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Bregalad
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Re: Nintendo asserts copyright against YouTube TASers

Post by Bregalad »

Come on, Youtube is just a platform like many others. It's not like it's the end of the world or anything.
Technically speaking, you can appeal the decision AGAIN, but then you have to get a lawyer and be prepared to go to court, and even if you do you WILL still lose.
Go to court for a Youtube account ? That'd be a completely idiotic waste of time and money, when you can just use another service or create your own by setting up your server somehow.
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Khaz
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Re: Nintendo asserts copyright against YouTube TASers

Post by Khaz »

Bregalad wrote:Come on, Youtube is just a platform like many others. It's not like it's the end of the world or anything.
Yeah, and google is "just a search engine". They're a fucking monopoly, but that's not even the point. The moment anybody else starts to threaten google's lead, they will be sued into submission until they become exactly the same pile of shit that Youtube is today. It's money, man, and money has no mercy or decency. No matter who wins, we get fucked. That's why we have copyright law - not to protect the creator but to protect the profitability of the corporation that owns them.
Go to court for a Youtube account ? That'd be a completely idiotic waste of time and money, when you can just use another service or create your own by setting up your server somehow.
That was my exact point: You'd be an idiot to try to fight it in court, therefore they win by default. The only reason they HAVE that secondary appeal process is so they can put the blame on you and say "Well you COULD have fought harder, so clearly you didn't care that much".

Yes you can create your own service, but that's like saying you're free to create your own stock market. Technically you can, but it's pointless because nobody else will ever use it or know it exists. We are stuck with whatever society as a whole adopts as the norm.

I could rant or argue all day but the bottom line remains the same: Are you rich? No? Well then you get fucked over, end of story. We live in a capitalist world, where those with piles of money fuck over those without. That is all you need to know about life, the universe, and everything.

Sorry to go full-blown angry jerk, but, the world out there just really sucks sometimes.
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Re: Nintendo asserts copyright against YouTube TASers

Post by nicklausw »

So wait, are let's players who never use mods or TAS at any risk? Or is Nintendo just trying to make people hate them?
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Drew Sebastino
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drew Sebastino »

nicklausw wrote:So wait, are let's players who never use mods or TAS at any risk?
Well, If they are, Nintendo must be blind because this is the first thing that comes up on YouTube after searching "Splatoon".
First Results.png
(Who the hell would want to watch 100+ videos of a guy repeatedly playing the same game?)
nicklausw wrote:is Nintendo just trying to make people hate them?
It seems like it. :lol:
Khaz wrote:if your game is entirely nothing but plot and you get the same value out of watching it on Youtube as you would out of playing it yourself then WHY IS IT A GAME AND NOT A MOVIE?
You already know how I feel about this. :lol:
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Re: Nintendo asserts copyright against YouTube TASers

Post by tepples »

This is ultimately an advantage of PC gaming over Nintendo consoles: PC game publishers tend to be more tolerant of modding offline games and non-commercial public performance than Nintendo is.
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Re: Nintendo asserts copyright against YouTube TASers

Post by Drew Sebastino »

tepples wrote: PC game publishers tend to be more tolerant of modding offline games and non-commercial public performance than Nintendo is.
Isn't everyone? :lol:
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