Nintendo claiming ownership on Youtube videos featuring their product

dehry

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Well, so, if I uploaded an animation of Metroid Blast promoting it, put ads and Nintendo gets paid, they are getting for me advertising their own product. lol
No, If you buy a copy of Metroid Blast Nintendoland and use a capture card (or ROM, can't be giving Nintendo money now can we?) to play a certain amount of the game (probably 5-10 minutes) full screen while overreacting/cursing and letting cutscenes run without commentary, Nintendo will put an ad on it.


Now, if you were to draw Samus in an original animation without game assets (sprites/sound effects) it won't have an ad on it.

E: Just watch, Sony will put an ad on all that Share button recorded content. I wouldn't put it past Microsoft too.
 

Mario92

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Use AdBlock. Problem solved.
Actually opposite. Then nobody gets them youtube moneyz. The main problem with this was nintendo getting money that let's players should/shouldn't get and actually some reviews will be directed to nintendo as well! If nobody gets money then there's no reason to make content to begin with and all nintendo related content on youtube will be a) amateur'sh off cam records b) nintendo's own ads.
Usually channels that try to make money are partnershipped with some network (machinima, TGS, e.g.) which makes it easier to show game content on their channel. Regular folk trying to make amateurish let's play with almost zero views it doesn't matter who gets the money 'cause it's under $1 for them :P

Just disable adblocks on youtube, most ads are OK or hideable/skippable and it's more likely to get better content in future. That's how life works: nothing is free and usually free content are paid by ads.
FYI: Also this forum is powered by ads :3
 

TheDreamLord

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Eh? You seriously compare sports commentators with LPers? A sports commentator works for a TV station that purchases necessary rights for the content to broadcast while LPers make their own content off of other people's property without permission.
Covered by fair use, yes. I've a partnership, and it's perfectly legal for me to monetise my content as long as I commentate.
 

Guild McCommunist

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A large majority of people still don't use AdBlock and honestly if you care for a business that runs on ads you'll be considerate enough to whitelist them.

There's other ways of "punishing" AdBlock users too. Recently blip.tv (they run a lot of webshows like RedLetterMedia, where I get this example from, and I think That Guy With the Glasses) basically put a 90 second wait on AdBlock users but if you don't use AdBlock it's just a 30 second ad. So I eventually whitelisted the RedLetterMedia page so I just sit through the ad. Plus they're a great business and they deserve the ad revenue.

But I digress. Regarding the "well microsoft did it", just because someone else did it doesn't mean this is any less bad. Plus that's from a year ago and I never recalled it being a thing.
 
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KingdomBlade

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BTW... Nintendo isn't the first to do this http://www.escapistmagazine.com/new...t-Prohibits-Gamers-From-Cashing-in-on-YouTube... but hey... Always hate on Nintendo Sony, EA, and Activision.. right?

Microsoft Studios publishes... Halo... Viva Pinata... and other stuff. That's about it. And other stuff that no one could care less about. I'm not even sure if they still do this, considering this was last year. For chrissake, it's like saying that if oil company A had an oil spill in 2012, and oil company B had an oil spill in 2013, oil company A is worse because it had an oil spill first. It's just a ridiculous line of reasoning.

You're in the wrong place if you want to see people hate Nintendo. I have seen very few people particularly hate Nintendo prior to this, except for angsty 14 year olds that lolz out on Modern Warfare. It's mostly because of their original titles. You can't claim that this odd begrudging respect towards Nintendo's decision has nothing to do with the respect that the gaming community has given to them. I'm almost positive that the backlash would've reached disproportionate levels if EA had done this. The internets (including this forum, youtube, twitter, and basically everywhere) would've totally fucking flipped out way more than now. If it was a company that was as hated by the gaming community as EA is (due to being considered as the worst company in America by an internet poll) everyone would've went insane, even these people that think Nintendo's decision is reasonable.

Recently, I've been watching a lot of Youtube videos, and the majority of them are LPers or just people who make videos based on games. I follow LPers and game channels for three reasons: 1. They have interesting commentary, 2. They're normally very entertaining due to their jokes, reactions, animation, and editing, and 3. They allow me to see games I would've never gotten in the first place. For example, I would have, in no way, gotten Don't Starve if I didn't see it on some of the channels I follow. Nor would I have played Amnesia.. The majority of these channels I follow, as far as I'm aware of, are monetized on Youtube. TotalBiscuit, Pewdiepie, Yogscast, Husky, Bluexephos, etc. These people rely on the income and the popularity to both sustain themselves and branch out. For example, TotalBiscuit is partnered with multiple companies that regularly ask him to promote and owns several e-sports teams. Husky, due to his popularity, is now a popular e-sports commentator and mentor. Both of them started out as plain LP'ers, the majority of which made it their living to churn out 3 videos a day and edit each video for 3-4 hours. It's an actual, legitimate job. Nearly every successful LPer does more than "plays games and makes random jokes," unless your name is PewDiePie.

What I'm saying is that Nintendo is, in theory, hurting both themselves and the thriving gaming community found on Youtube. I believe that in comparison to Nintendo's actual revenue, the monetary compensation they get from Youtube ads is minimal. The Youtube gaming community, believe it or not, has an inordinate amount of influence on a fraction of the gaming community, and the majority of these people are monetized like the ones I just mentioned. TotalBiscuit himself champions Fire Emblem Awakening as the 3DS's best game, a Nintendo published title. Essentially, this discourages Youtube gamers, especially the big names, to create videos with footage of Nintendo games, which causes them to lose out on essentially free advertising. They need this free advertising now more than ever, with the struggle to find support for the WiiU. It's not even just LP's I think. There's also first impressions, reviews, parody videos, and many more.

I don't even want to get into the whole "copyright" or whatever debate. It's all about fair use. No one in hell watches LPs or any other gaming video just to watch someone play it from start to finish in it's entirety. People watch it to understand more about the game or to be entertained, both of which come from the commentators. In that case, it's not Nintendo's to keep, especially if they don't want the entire gaming community against them. Someone at Nintendo's marketing division must've been really stupid if he/she thought that providing less incentive for people on Youtube to give them free advertising towards a large fraction of the gaming market in exchange for what is virtually pocket change to Nintendo is a good idea.

And yes, LPler is not a real job. If you have a job interview in the future, what do you intend to say to your employer? That you made your money with sharing videos of other's intellectual property? Well, good luck for your next interview then.
... There are a lot of people who do this as their full time job. There are people who are essentially well-of from doing them, there are people who thrive on doing them. But like it or not, basically anything that earns you a sustainable income and doesn't involve you going into crime or selling your body is a job. There are people whose jobs are to show up to places and sign autographs. LPers put in hell of a lot more effort than those guys. I am familiar with ones that churn out videos until 2AM in the morning and edit for hours on end. It's not as hard as say, a construction worker, but there is a level of effort and creativity that successful LPers have that make them such. Youtube money is as good as any. Calling their line of work illegitimate ignores the effort that they put towards creating these videos and sustaining their fanbase.

If the videos in question are illegal, simply remove them. Nintendon't get to decide that they are legal enough to allow, but illegal enough to take the profit. Grey area. Let's see a lawsuit.
Not really. That is a bad, bad, bad idea in every way conceivable. Not only do they not get anything out of taking them down, but they also alienate a portion of their fanbase. A lawsuit would make it worse. It's not about law. This is all about what they're trying to do. They're trying to make sure that they still stay visible on the web, but that they make money on it. I believe that this was their line of thought, but it backfired pretty heavily on them.

Feels good to be back.
 

FAST6191

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Recently blip.tv (they run a lot of webshows like RedLetterMedia, where I get this example from, and I think That Guy With the Glasses) basically put a 90 second wait on AdBlock users but if you don't use AdBlock it's just a 30 second ad. So I eventually whitelisted the RedLetterMedia page so I just sit through the ad. Plus they're a great business and they deserve the ad revenue.

I on the other hand begrudgingly added a new greasemonkey script to allow me to download them instead.

Re taking down adblock.... it would be the whole hacking tools debate again and as browsers have such functionality baked into them by design (I can choose to display pictures, objects or not)....

Back on topic.
Covered by fair use, yes. I've a partnership, and it's perfectly legal for me to monetise my content as long as I commentate.

Isn't this was several people in the thread have been trying to establish so far? What is fair use, what amounts to an additional work and where do various lines get drawn within that?
 

Rydian

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No, If you buy a copy of Metroid Blast Nintendoland and use a capture card (or ROM, can't be giving Nintendo money now can we?)
There's no way to play Wii U ISOs, and no way to play 3DS ROMs (the two main categories of games being discussed here).

So the youtubers in question here were using physical games as far as I've seen.
 

The Real Jdbye

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Where are you getting this? I've monetized plenty of non-Nintendo video game stuff, I've seen no mention of this and nothing has happened to my videos.
From the Youtube Monetization page said:
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.
Here: https://www.youtube.com/account_monetization

Edit: Most of my gaming videos are monetized, only some were detected as having third party content. But that doesn't change the fact that according to their terms those videos should not be monetized.
 

the_randomizer

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A large majority of people still don't use AdBlock and honestly if you care for a business that runs on ads you'll be considerate enough to whitelist them.

There's other ways of "punishing" AdBlock users too. Recently blip.tv (they run a lot of webshows like RedLetterMedia, where I get this example from, and I think That Guy With the Glasses) basically put a 90 second wait on AdBlock users but if you don't use AdBlock it's just a 30 second ad. So I eventually whitelisted the RedLetterMedia page so I just sit through the ad. Plus they're a great business and they deserve the ad revenue.

But I digress. Regarding the "well microsoft did it", just because someone else did it doesn't mean this is any less bad. Plus that's from a year ago and I never recalled it being a thing.

You're right though, I can whitelist Nintendo's ads, but I'll blacklist the crap I couldn't care less for; Nintendo can use all the revenue they can get :P
 

KingdomBlade

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You're right though, I can whitelist Nintendo's ads, but I'll blacklist the crap I couldn't care less for; Nintendo can use all the revenue they can get :P
... This is ridiculous. I'm pretty sure that an LPer who's living off of the money he makes on his ads needs more revenue than an international company that made two of the best-selling video game devices of all time. The concept that you need to make sure that a global company makes pennies off of a Youtube ad is ridiculous considering they make billions.

Allow me to go into my semi-anarchist mode. "It's a corporation maaaaaan! Corporations just want to fucking run your pockets dryyyyyyyyyyyy."
 

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