Steven Bogos said:
Fez creator Phil Fish says that YouTubers who don't share ad revenue with game developers are "basically pirates."
Phil Fish is wrong. he often is, so where the news?
You know its not news that Phil is spouuting nonesense. he always did that.
"If you generate money from putting my content on your channel, you owe me money.
But im not putting your content on my channel. by playing the game my way - the interactivity i do - i create my own content, that belongs to me, not you. hence, i do not owe you anything.
I am creating a derivative work of art, which is fully legal thing to do. and i have legal right to sell it too.
as an earlier attempt by Nintendo
you mean an ongoing attempt by Nintendo. since, you know, they have been doing it for 5 years and havent stopped.
The Gentleman said:
Some videos have barely any addition other than simply viewing the game as played by the video maker, often with sparse comments just to make the series legal, particularly in linear story games (survival horror is what I tend to view). And this is where I think videos cross the line. The video is not being watched, in that case, to determine whether to buy the product or for the commentary, but rather clearly to have watch the game being played as is, no different than watching a friend play in your living room.
I watch videos of games i already played. I care about the commentary and player actions in the game. granted, actions are more limited in linear game, but far more expansive in, say, strategy games. i am sometimes amazed in how totally different their tactics were from mine. its the player choices and commentary that attracts me to watch any gameplay video, not the something the developer did itself.
Kuredan said:
That said, I think a lot of people are more hung up on how he transmitted his message rather than the message itself. How can you justify monetizing someone else's work? If it's not a parody or doesn't fall under fair use, if it's not attributed and the artist is not remunerated with a percentage of the revenue you make (ya know the kind often found in contracts), how is that anything but theft? Yes you may have put work into your product, but your source material is not your own. It's just like plagiarizing an term paper, only yo're getting paid for it.
Its because its not somone elses work. it is a derivative work that you create yourself and own it because you are creating the interaction. the game does not play itself. you are creating the videos and gameplay because you interact with it. claiming that just because its an object i interact with it means that video belongs to him is akin to clayming that if i film myself cutting down a tree with a chinasaw the video belong to the chainsaw company because i am using their chainsaw to do it.
Tygerml said:
Does a game that's heavily scripted and reliant on cutscenes really differ that much from a video?
can you press "start" and watch the game play itself without input? inf the answer is no, then yes, it is different from a video.
SecondPrize said:
You don't get to just broadcast the entirety of a work and profit from it without permission. Fair Use can be used by reviewers and the like in court but Fish is right here.
noone is broadcasting the source code of his games on youtube (at least not that i know of) and Fish is fully wrong here both morally and legally.
T said:
The comparison with piracy is actually pretty strong; it doesn't seem right that the creator of something gets no recompense for the use of their creation, but at the same time I'm not sure there's anything that developers can do to improve the situation for themselves.
your right. it does not seem right that the creator of the chair im sitting at does not get something for the work i do, i should give royalties to him. oh, and to the desk manufacturer as well. oh and lets not forget the necessary keyboard i write this one, logitech surely deserves my paycheck better than me. after all, they created the tools right?
see how ridiculous this sounds?
superguin200 said:
Phil's just an opinionated guy
if he was just an opinionated guy it would be fine. but he will insut, harass and otherwise express his racism and xenophobia agaisnt everyone he doesnt like.
MinionJoe said:
Is the Big N still claiming money from Let's Plays? Because I've seen a lot of Mario Kart 8 vids lately and it's made me interested in buying a Wii U. But I won't if they're still being dicks about people advertising for them.
they have been doing this for 5 years non-stop. what makes you think it was a one-off event?
Thyunda said:
If you're making money off his content, you owe him a cut. If you're not making money off the videos, you don't owe him anything.
wait so pick one. whether we are making money off his content or we are making money on videos. because lets play videos are
not his content.
