I may just be a random poster on a message board, but I'm pretty sure I know more about the law than the legal teams of giant multinational corporations. I mean, have any of these amateurs even heard the term "fair use?"
Lol they're not right..it's fair use and stop being a corporate defender. You have zero to gain from thatYou don't have to agree with Nintendo to realize they are right. SXOS's NSP installer is a standard feature who's only function is to forge tickets and circumvent Horizon OS to install pirated games and apps. Doesn't take a rocket scientist to realize this. Even IF the person making the video is against piracy(Which most are) it doesn't change the fact that the software contains something that the only purpose it serves is piracy
Good luck with defending corporate who doesn't give a shit about you. Just sad that you still have corporate defenders standing by to defend their company in the time.of needGood luck finding a judge to agree with you on that one, Matlock.
Fuck nintendo, m f******.I just saw Nintendo striked one of my video talking about SX OS, and i thought it was just for me. But by visiting channel that also had video talking about sx os, they are gone. So if you have a youtube channel, i'm telling you : don't do videos about SX OS if you don't want to be striked
Lol they're not right..it's fair use and stop being a corporate defender. You have zero to gain from that
You're speaking about the technical specifics of a situation that can only be explained in much broader strokes. Nintendo wants TX dead due to the whole profiteering off of piracy thing but TX is Chinese, so Nintendo has to do everything in it's power to influence non-Chinese companies, like Google, to erase SX from existence. For reasons that don't need to be explained Google will bend over backwards to improve their relationship with Nintendo, so YouTube will obviously delete whatever Nintendo wants without question. Both companies are serving their stockholders so whether they're wrong or right is irrelevant, and YouTube is protected by their EULA so there's no question of legality (fair use ). TBH I'm surprised YT videos acknowledging SX weren't targeted sooner.And if forging tickets itself was illegal then FBI and Tinfoil surely would have gotten removed from github by now. And FBI videos are still up on youtube so no it can't be because of that.
At very minimum its legal to discuss in a video, just like you can have videos literally showing you how to hack into wifi networks. It falls within "educational" if you don't supply anything yourself
Again like I said before, youtube enforces copyright claims even when they aren't legally valid, specifically for large companies. Doesn't mean the video actually breaks copyright. They just like to appease large companies at the expense of first amendment rights and fair use law.You're speaking about the technical specifics of a situation that can only be explained in much broader strokes. Nintendo wants TX dead due to the whole profiteering off of piracy thing but TX is Chinese, so Nintendo has to do everything in it's power to influence non-Chinese companies, like Google, to erase SX from existence. For reasons that don't need to be explained Google will bend over backwards to improve their relationship with Nintendo, so YouTube will obviously delete whatever Nintendo wants without question. Both companies are serving their stockholders so whether they're wrong or right is irrelevant, and YouTube is protected by their EULA so there's no question of legality (fair use ). TBH I'm surprised YT videos acknowledging SX weren't targeted sooner.
They have a legal right to take action against the actual company or people pirating. They don't, however, have legal right to remove videos simply talking about it. And that is them going beyond the legal line. But youtube will always appease to large companies and enforce invalid copyright claims.Did you even read my post? Just because i'm saying they are in the right it doesn't make me a corporate defender. I don't defend them however i can see how they have a right to defend their own product which they do. Not everyone who can see how they can be right is instantly a corporate defender, good god. Tone down your hatred and your BS for once, no wonder people say the scene is fucking toxic. Oh also, fair use only goes so far and it wont protect you in case the product/tutorial you are showing in your video is against the law. Just look at what happened to Voksi. He had TUTORIALS on how to circumvent Denuvo anti tamper in video format hosted online(Youtube i think) and he got busted for it
Yup pretty muchAgain like I said before, youtube enforces copyright claims even when they aren't legally valid, specifically for large companies. Doesn't mean the video actually breaks copyright. They just like to appease large companies at the expense of first amendment rights and fair use law.
(Sec. 103) Prohibits: (1) circumvention of technological measures that control access to protected works; or (2) manufacturing or trafficking in technology designed to circumvent measures that control access to, or protect rights of copyright owners in, such works.
It wouldn't matter if someone actually took Nintendo and YouTube to court over the takedown for financial losses. It's been well established for years that consumer rights are Constitutionally protected, and copyright law isn't a caveat. Thats why Geohot didn't pay Sony a dime, Jailbreaking was ruled legal and added to the list of exemptions by the US Library of Congress, and you can find Modshops online that sell RGH Xbox 360's, HBC Wii's, and Rebug PS3's in the States. Nintendo could be asking for a catastrophic legal loss in this sort of action. Then again, the console hacking community is pretty obscure and I kinda doubt anyone is established enough and has the means and sway to challenge them on this matter.I don't think the OP ever explained how SX OS was presented in context of the video, if there were any download or affiliate links in the description, if the video's content could be potentially interpreted as enabling circumventation of copyright protection, etc. Any of these factors, or others, could have prompted this action.
Note that I am not saying that OP was promoting piracy in their video (I've never seen it) but Nintendo's opinion is what matters here, not ours.
Remember this particular line from the DMCA:
Opening the door to piracy isn't illegal, but the piracy itself is. That's why tinfoil and FBI still exist on github.It wouldn't matter if someone actually took Nintendo and YouTube to court over the takedown for financial losses. It's been well established for years that consumer rights are Constitutionally protected, and copyright law isn't a caveat. Thats why Geohot didn't pay Sony a dime, Jailbreaking was ruled legal and added to the list of exemptions by the US Library of Congress, and you can find Modshops online that sell RGH Xbox 360's, HBC Wii's, and Rebug PS3's in the States. Nintendo could be asking for a catastrophic legal loss in this sort of action. Then again, the console hacking community is pretty obscure and I kinda doubt anyone is established enough and has the means and sway to challenge them on this matter.
Anything's possible, but that seems incredibly unlikely. Noone with means cares whether SX OS videos are allowed on YouTube or not. I personally believe gameplay videos should fall under the terms of fair use, but we know that ship's already sailed.Nintendo could be asking for a catastrophic legal loss in this sort of action.
I doubt it as well. Remember how much it took for the #wtfu movement to change YouTube's copyright strike policy? And if I'm not mistaken, it was only in the US. Plus you had TX specifically promoting SX on the basis of piracy so there's that ... lol.Anything's possible, but that seems incredibly unlikely. Noone with means cares whether SX OS videos are allowed on YouTube or not. I personally believe gameplay videos should fall under the terms of fair use, but we know that ship's already sailed.
Eh gameplay usually isn't really fair use. It's kinda gray area, but in most cases you aren't adding enough original content to have it fall within fair use. Depending on how it's done it may or may not be considered transitive work (using the original but changing it enough from the original to it that it adds something new). Simply talking over gameplay likely isn't enough unless you are nonprofit educational.Anything's possible, but that seems incredibly unlikely. Noone with means cares whether SX OS videos are allowed on YouTube or not. I personally believe gameplay videos should fall under the terms of fair use, but we know that ship's already sailed.
Did you even read my post? Just because i'm saying they are in the right it doesn't make me a corporate defender. I don't defend them however i can see how they have a right to defend their own product which they do. Not everyone who can see how they can be right is instantly a corporate defender, good god. Tone down your hatred and your BS for once, no wonder people say the scene is fucking toxic. Oh also, fair use only goes so far and it wont protect you in case the product/tutorial you are showing in your video is against the law. Just look at what happened to Voksi. He had TUTORIALS on how to circumvent Denuvo anti tamper in video format hosted online(Youtube i think) and he got busted for it