Microsoft Prohibits Gamers From Cashing in on YouTube

Staskala

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Sep 28, 2010
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crazyrabbits said:
If the video you're making is a "transformative work" (i.e. it's your own unique gameplay, you're putting your own commentary over it and/or you're showing clips to illustrate a point), it falls under fair use laws. Therefore, it would not fall under typical copyright law. That's how most people who make game-related videos structure their videos.

As it is, the only time any of this was ever enforceable was if a stingy copyright holder (Rockstar, notably) pulled videos to keep spoilers of their games for leaking out. Otherwise, most (if not all) companies look the other way and let you run rampant if you're doing walkthroughs, LP's or commentary. Other industries are a different matter (you can't upload an episode of, say, America's Next Top Model and earn money off it through AdSense), but transformative works for games are pretty clear.
Fair use stops being the be-all, end-all clause once you use the material for commercial purposes, which you obviously do by entering a partnership with YT. By then it can go one way or the other in front of a court, with lots of factors playing in. Normally companies just don't care, but they would indeed have a potentially winnable case if they did.
 

cahtush

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Jul 7, 2010
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EternalFacepalm said:
Tiamat666 said:
Youtube is owned by Google. Microsoft doesn't like Google. Lots of Halo videos on Youtube mean lots of advertising revenue for Google. I suppose MS has a plan to shift control of video game content off Youtube and onto a more MS-friendly platform.
... which will never happen.

At this point, you can't kill YouTube. It's where everybody goes for videos (the extremely few blip-shows aside), and it'll take a lot to change that.

Besides, Google still gets ad revenue. Ads can still run alongside the video, as long as the creator doesn't earn a profit. It just really confuses me how this is good for anyone.
The only possible alternative for MS would be twitch, although its mostly used for live streams now.

OT: Most likely they will have an exlusivity deal with one (or a few) of the major networks like machinima or TGS
 

crazyrabbits

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Staskala said:
Fair use stops being the be-all, end-all clause once you use the material for commercial purposes, which you obviously do by entering a partnership with YT. By then it can go one way or the other in front of a court, with lots of factors playing in. Normally companies just don't care, but they would indeed have a potentially winnable case if they did.
If there's ever been a case where someone has been officially charged in court with using talking over gameplay clips, you let me know. As it stands, most companies just look the other way when people put LP's/commentary on Youtube, because it's giving them free promotion (ad revenue be damned).

There is, obviously, a small subset of users that are trying to game the system by trying to make money off official trailers/developer clips, but really, this has been a non-issue for a long time. As I said, as long as it's a transformative work, you're pretty much in the clear.

New games get LP'd/commentated on all the time - for instance, the Youtube user Smudboy uploaded hours worth of commentary/critique concerning Mass Effect 3, and has apparently made at least a solid $1,000 off the videos he posted, but he hasn't been hit with copyright claims or backlash from studios.
 

Callate

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Dec 5, 2008
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Sounds like someone at Microsoft got greedy, and managed to explain their case to the powers that be well enough to be allowed to take steps.

Frankly, I think this is a straight-up bad decision. The goodwill lost, the free advertising for their games lost, not to mention the very real possibility of driving some of the most dedicated fans into the arms of other games...

I mean, I suppose I should say a small prayer of thanks that they didn't just out-and-out say that any unauthorized use of footage of their games amounts to piracy. But I really don't think this is going to go over well.
 

Gormech

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May 10, 2012
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RIP so many Let's Play-ers.
Now people will have to shift through tons of rick-rolled vids in order to preview whether or not to buy a digital product.
It's the anime fandubs all over again.
Bad move Microsoft.
 

Patathatapon

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Jul 30, 2011
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This is fucking hilarious. Need I really say more? I was only going to consider looking at Halo 4 by what Machinima showed me. I signed the petition because it's just silly of Microsoft.

I think their motto is:
Microsoft: We inconvenience you for our convenience!
 

The_R3d_Fury

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Jul 7, 2011
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StormShaun said:
I'm actually considering moving to Targaryen (or however you spell it) after
Ned died
Just because I love Jorah.
That's unfair, dude. That RP is a re-start -- they already HAVE everything. I'm still writing the rules for my RP.

Imma go now because I think something just exploded in the kitchen.
 

schiz0phren1c

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Jan 17, 2008
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Its the economy in miniature...
get rid of the middle class(people who make video's that are popular enough to make them a few quid,but not massive)
while extending a helping hand to the 1% who have channels and views in the millions+
hmmm,occupy Youtube anyone?
 

crimson sickle2

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Sep 30, 2009
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I swear, Microsoft doesn't want people to play their content. First they include more and more ads and crappy dashboards for the Xbox, then they make Windows 8, now they don't want people hyped about their games. Microsoft has been going down the toilet.
 
May 29, 2011
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The fuck? Does microsoft KNOW how much machinima and shit is made with Halo? Were talking something like several dozen people loosing most of their way to make a living. Why? This is just ridiculous.