Microsoft Prohibits Gamers From Cashing in on YouTube

Uber Evil

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Mar 4, 2009
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Apparently this sort of thing has been in the EULA for a while, but they don't really enforce. This video seems to provide more context about the issue.
 

Falling_v1legacy

No one of consequence
Nov 3, 2009
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This is just insane. One of the big reasons Starcraft 2 boomed so big and so fast is that there was all these underground content makers from the Brood War days. The fact that these content makers can then monetize their effort provides additional advertising and hubs to recruit new people in (think Day9 Daily or HuskyStarcraft).

Microsoft is taking one big rocket launcher, aiming at their feet and blowing away their lower half to bits.
 

GAunderrated

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Storm Dragon said:
GAunderrated said:
Storm Dragon said:
This is idiotic! How do gamers making a few bucks off of these videos harm Microsoft in any way?
Because companies do not like to compete anymore. Nor do they like the idea of some average joe making 50 bucks a month off their free advertising of microsoft's product that gets hundreds of thousands of views.
But that makes no sense! If Microsoft looks at these videos as advertisements for their games, then they would like them since they don't have to pay the gamers that make the videos. This action is completely devoid of logic.
It doesn't make sense to us because we are rational human beings. However to most sociopaths running businesses they see it as money they arn't earning. They do not see the positives because there is no immediate tangible profit they can put on a chart.
 

neonsword13-ops

~ Struck by a Smooth Criminal ~
Mar 28, 2011
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So... does this only affect Microsoft published games?

If so, that's of no issue to me or my PS3.

Still, it's a real silly decision by Mircrsoft. It could hurt some major gaming sites like Machinima.
 

EHKOS

Madness to my Methods
Feb 28, 2010
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Those things at the end of your legs are not enemies MS, why do you shoot them so?
 

Sonic Doctor

Time Lord / Whack-A-Newbie!
Jan 9, 2010
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Tiger Sora said:
But. But, this doesn't affect me, nor 99.9% of anyone else. So a few dozen youtubers have lost their revenue streams. Now they have to get real jobs like regular people. That sucks cause I know what it's like to have a super easy job, but, real life sucks.
Considering what many of the professional gaming youtubers do and what their partnerships are like, what you said is like saying that actors and other entertainers don't have real jobs. What, so you have to hate what you do in order for it to be a real job. Entertaining is a job, it is giving something that people want, entertainment.

Also considering that some of those gaming youtubers report gaming news and events just like the good people at the Escapist do, what you are saying is basically the people that work for the Escapist don't have real jobs.

Get some perspective.

--------------------------------

Microsoft shows it doesn't understand what free advertising is. If it wasn't for gaming youtubers and the Escapist, I wouldn't have heard about or bought half the games I've got in the past three years.

It is just like the stupidity that The Game Station on youtube can't show big name game trailers anymore on their podcasts because they get red flags and letters from the companies to stop. Sometimes I wonder if certain game companies even know what gets them sales. Considering the TGS podcast, when a company doesn't allow their trailer to be played during it, that means they lost out on tens of thousands of people finding out about their game. Oh, but I guess that is a rain drop in the bucket and it isn't worth it.
 

Bevin Warren

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AC10 said:
Another reason EULAs shouldn't be enforceable.
Those pesky fair use laws getting in the way of your megacorp? Just have all users sign a contract under duress that is legally enforceable and demands them to sign away such rights.
Its quite funny how many times the EULAs have been thrown out of court or completely ignored by courts... in fact we have laws that superceed the EULAs - they are essentially legally worthless now due to precedents set in courts around the world.
 

Sonic Doctor

Time Lord / Whack-A-Newbie!
Jan 9, 2010
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DugMachine said:
You'd be hard pressed to find someone making money to live on by doing gameplay montages. LPers with huge fan bases are the ones making the money not Ultra leet headshots 2012 (feat. Skrillex Bangarang).

I'm sure they have 'real jobs' just like 'regular people'. Whatever that means.
Actually, from what I have heard from some of the big name gaming youtubers, even mid-level names, it takes some time, but most within about 2 to 5 years start bringing in enough money each year with their videos that they've quit their day jobs.

I know of at least a couple people from The Game Station on youtube that within the past six months or so quit their day jobs because they were making enough from their youtube channels.
 

Shocksplicer

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Apr 10, 2011
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They aren't actually changing anything...
From the mouth of Frank O'Connor:
"These guidelines have been out there for months. How many of you are posting from jail? We'll get some clarifying messaging out there, but the legalese won't change, because it's legalese. We'll craft a path through the semantic minefield, however.



As I mentioned in the Halo community thread, these rules actually haven't really changed, and even the updated and clarified text has been up there for months. I assume somebody just noticed this and posted this morning because it sort of blew up. This has always been the Legal status for the IP (and MOST IPs in fact), and as you also already know, nobody is being sued, or in jail, etc etc etc

The language isn't designed to stop kids streaming their games, or covering their costs, it's designed to stop big companies from using somebody else's IP to run a business.We'll put together some language that will help community people navigate this easily, and give people workarounds."
 

SL33TBL1ND

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Nov 9, 2008
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What the fuck? Why are they ok with Youtube making money from it, but not the actual content producer? It's not like Microsoft is losing out on anything here.

Tiger Sora said:
But. But, this doesn't affect me, nor 99.9% of anyone else. So a few dozen youtubers have lost their revenue streams. Now they have to get real jobs like regular people. That sucks cause I know what it's like to have a super easy job, but, real life sucks.
Seriously, dude? Content creation is hard. And stressful. Just go watch any of TB's Mailboxes on the subject (I'm pretty sure he mentioned it on his AMA as well).
 

lacktheknack

Je suis joined jewels.
Jan 19, 2009
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vxicepickxv said:
lacktheknack said:
Why?

There's nothing else to ask. Why?

What does Microsoft get from this arrangement?
They don't actually get anything out of it, unless they're planning on attempting to compete with Google.
But - but this rule gives MORE money to Google, since there isn't any going to the users!
 

Tiger Sora

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Aug 23, 2008
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To quote the Pink Floyd song - Have a cigar.

"It's a helluva start, it could be made into a monster
if we all pull together as a team."

Seems what I said has turned into a monster.
People changing the intent of my words and such. Some panic to.

Altorin said:
This is basically step 1 in ruining the internet.
Really, all the other "ohh god this is the end of the ('free') internet"crap thats gone on the last few years. And this is step one. Go put your tinfoil hat away.

crazyrabbits said:
And so what if it's trivializing it. This isn't a big issue. MS is in the right to set the rules with their games and if x person profiting off it is something that errs them...

Now I totally agree it sucks and MS is being a big evil corporation again. But thats their nature. Evil is gona evil.

DugMachine said:
You'd be hard pressed to find someone making money to live on by doing gameplay montages. LPers with huge fan bases are the ones making the money not Ultra leet headshots 2012 (feat. Skrillex Bangarang).

I'm sure they have 'real jobs' just like 'regular people'. Whatever that means.
And the Ultra leet guy loses the small revenue stream and so his budged is a few bucks smaller.
And I'm quite sure many of them do have a job. What I meant by my words was that you play video games and commentary, post it on youtube, and rake some cash in. Thus it's not hard, theres no grind day in day out. And for them it's just this fun thing on the side they do for profit.
The big guys who make off like bandits on this are the ones who are going to need to join the workforce, is what I meant.


1337mokro said:
Tiger Sora said:
So a few dozen youtubers have lost their revenue streams. Now they have to get real jobs like regular people.
So because your jealous it's not a real job.

What making videos to view for peoples entertainment is Not a job? Isn't that what basically all visual media is? Making something to be viewed for enjoyment?

Guess actors, Tv-producers, videogame developers, etc. should also get Real Jobs. After all entertainment (in the broadest sense of the word) apparently isn't a real job when you put an advertisement in front of it.
Your saying I'm jealous sir, did I no, no I didn't.So one, don't put labels on me.

As for it being a "not real job". As I said to the last guy. You play video game, add commentary on it or insert lines. Post, get advertisement money.
Not much past that in most cases.
And, they're not making the videos per say, merely editing the game footage / recording. Than putting audio to it. They didn't make the footage. So how can you compare it to people who do, like the ones that made the game in the first place.

If it was all original content I'd say yes, since it isn't no.
I know you can continue to degfent it six ways to Sunday. But you're just erecting a wall of bs to defend it.

Now I'd like to add in...


So don't respond to this 1337. I don't want you to, you'd be stealing the internets oxygen.
 

duchaked

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Dec 25, 2008
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so the first thing I did was search up all games published by Microsoft Studios haha...note to self which ones are hit by this new ruling
 

Something Amyss

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Dec 3, 2008
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Fair enough. You can freely make videos of their intellectual property as long as you don't profit from it.

snagli said:
Maybe partially, but it seems it only affects YouTube. Since Roosterteeth has its own site with non-YouTube videos, so they're probably in the clear. Now, if this change affects ALL of the content, not just on YouTube... hoo boy.
It affects more than Youtube. Youtube's partnership thing is specifically mentioned, but that doesn't mean it applies to just them.
 

Something Amyss

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Dec 3, 2008
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AC10 said:
Another reason EULAs shouldn't be enforceable.
Those pesky fair use laws getting in the way of your megacorp? Just have all users sign a contract under duress that is legally enforceable and demands them to sign away such rights.
You'd be hard pressed to argue fair use applies here. Especially since you can still do this sort of thing, just not for money.

People treat fair use as a free ride, though it isn't considered to be such and was never intended to be such. If you would like to go to the mat with Microsoft, feel free, but unless your clips have satirical or review purposes, you'd have trouble arguing relevant fair use.

Additionally, there have been many rulings that allow fair use, but still require a group to pay money to the content holders if they use the content themselves. This is different from, say, a webcomic where you draw Master Chief yourself, put him in a Chef hat and call him Master Chef.

Fair Use is a wonderful thing. It's very likely, however, you're using it wrong.
 

BlazeRaider

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Dec 25, 2009
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Really? After such a concrete example as the RvB series showing how unbelievably good this can be your gonna strangle any new ones in their crib? Shame shame shame.
 

bpm195

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May 21, 2008
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This sounds like something that would get thrown out in trial. Unfortunately, I'm pretty sure Microsoft will make deals with any companies (i.e. MLG) that could conceivably take them to court.
 

SlamDunc

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Aug 17, 2012
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gigastar said:
RvLeshrac said:
gigastar said:
RvLeshrac said:
Hazy992 said:
RvLeshrac said:
On YouTube, the monetization agreement EXPRESSLY PROHIBITS enabling monetization of game videos.
Well if that's the case how are channels like Yogscast and TotalBiscuit allowed then? TotalBiscuit has almost a million subscribers and Yogscast even more.
Uploading a video to YouTube != enabling monetization for that video.
TB does get monetisation for his videos, in fact in a recent video he explicitly stated that his only source of regular income is the money coming in from his videos. And according to him its enough that he doesnt need to find a regular job.
And I'm sure he monetizes the videos without first obtaining the rights necessary to do so from the developers.

Or, you know, the opposite of that.
Wrong again, most of the games he features are sent to him in advance by developers and publishers for review.

When you step away from reviews however, the only developer known to complain to content creators about free advertisement is Rockstar. By watching his mailbox series (which features recorded gameplay footage in the background) ive picked up on all i need to see to decide that Torchlight 2 and FTL: Faster Than Light was worth my money.
"He clearly is getting permission." "No you idiot they send him game so he obviously has their permission."
I sense a disconnect here.

OT: This effects me in absolutely no way as I never intended to make money off this, know nobody who does and those who might will still do it to get atention to their channels.