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.
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.
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.
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.
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.
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."
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The curious part is not what it does, but what it does not: entail any advantage whatsoever to Microsoft.
Video content providers are in no way competing with any Microsoft venture, and while on first look it might be intended to troll Google, it would be a laughably ineffective way of doing so. Google doesn't suddenly stop getting ad revenue when it doesn't pay the uploader.
Until somebody provides a sensible explanation as to why they would even deem it worth the time writing the EULA, I'll assume it to be lawyer shenannigans. Maybe they were bored.
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.
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.
TB would fall under fair use, as he is using the material for review purposes. Which doesn't mean Microsoft might not ready the lawsuit cannons anyway.
This EULA is aimed at the vast swathes of content that have no satirical or review purpose whatsoever, and merely seek to entertain.
I think it is all a ploy to stop Jim Sterling from being able to do an episode on the game. They know that the game will not be at the same quality level as the Bungie products, and they don't want a Halo 4 Jimquisition Episode.
My question is: What about video reviews of the game? Does this mean The Escapist can't do one?
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