Microsoft Prohibits Gamers From Cashing in on YouTube

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Ympulse

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Feb 15, 2011
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It's amazing how easy it is to whip you howler monkeys into a frenzy. To quote previous posters;

Grenge Di Origin said:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:
<quote=Google AdSense Standard Online Terms and Conditions, Section 5 subsection D>D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread
Seriously, do a tiny bit of research before you start throwing shit at your computer screens.
 

The_R3d_Fury

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Jul 7, 2011
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Nope. Rooster Teeth has a contract with Microsoft, otherwise how would they get all the early access for Halo 4 to do PSAs and junk. Clearly they won't be effected by this, but for youtube commentators it might be hell for them when it is released. ^_^

On my opinion...it makes me sad.[/quote]

Ok then. YOU wanted to do playthroughs on YouTube, so now you cant do Halo. And what about the NEXT RoosterTeeth? Al the guys new to machinima making can no longer use Halo, even though there are so many good tools.
 

Strazdas

Robots will replace your job
May 28, 2011
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Evil Smurf said:
So why has Microsoft turned douchey? Closing their OS and now this? Wow.

don't hurt me I have a Mac
apple beat microsoft. apple control over yourp latform is of the level of hitlers ocntrol of nazi germany. microsoft want nazi-like control. they are shutting down its users from any competitor.
it all makes sense, instead of having only one choice - windows, we will have no choice at all.
It doesnt take ACTA to stop the internet, you just have to turn off the computers.

Then again you said you have a MAC, so i guess the point is already beyond you.


Grenge Di Origin said:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:
<quote=Google AdSense Standard Online Terms and Conditions, Section 5 subsection D>D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread
Wrong. The footage video you have filmed is not copyright to MS, because they didnt manage to push though SOPA and PIPA. it is copyright to YOU, and therefore legal to do this.
 

Evil Smurf

Admin of Catoholics Anonymous
Nov 11, 2011
11,594
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Strazdas said:
Evil Smurf said:
So why has Microsoft turned douchey? Closing their OS and now this? Wow.

don't hurt me I have a Mac
apple beat microsoft. apple control over yourp latform is of the level of hitlers ocntrol of nazi germany. microsoft want nazi-like control. they are shutting down its users from any competitor.
it all makes sense, instead of having only one choice - windows, we will have no choice at all.
It doesnt take ACTA to stop the internet, you just have to turn off the computers.

Then again you said you have a MAC, so i guess the point is already beyond you.
/hurt

I'm not an idiot. I just really like the GUI
 

crazyrabbits

New member
Jul 10, 2012
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Ympulse said:
It's amazing how easy it is to whip you howler monkeys into a frenzy. To quote previous posters;

Grenge Di Origin said:
Here, let me prove all of you bitching about this "wrongdoing" in one quote:
<quote=Google AdSense Standard Online Terms and Conditions, Section 5 subsection D>D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.

As in, nobody could've technically legally done this before this announcement.

/thread
Seriously, do a tiny bit of research before you start throwing shit at your computer screens.
(sighs)

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.

I said it earlier in this topic - this won't do much of anything. The major players are already covered by their licensing/connections (Machinima, Rooster Teeth), and the regular players uploading footage can likely still monetize it if they're using commentary. Apparently, they've already had this policy in place for years, and are just re-affirming it for anyone who plans on trying to earn exorbitant amounts on official trailers and clips.
 

StormShaun

The Basement has been unleashed!
Feb 1, 2009
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BJ_Pwn said:
Fail quote is fail like you making an RP.

And as I said, this is sad. That usually means I am sad about something or a general topic...like this one.

Enough said.
 

Atmos Duality

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Mar 3, 2010
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Altorin said:
Aerosteam 1908 said:
Err... Why do this Microsoft?

People making montages of your games is essentially free advertising for it!

My channel is likely not going to take-off into a YouTube partnership so I guess I have no quarrel with this... Do I?
everyone should have a quarrel with this.

They're basically assaulting fair use, and once fair use goes out the window, fuck the internet, we may as well just bang rocks together.
I was wondering how this would impact review footage and the like, since that's protected under Fair Use.

Last I checked, Fair Use is legally upheld, and trumps any policy MS (or anyone) can make.

EDIT: Nevermind, I'm looking at the legalese now. They have ways of distinguishing between what's covered under Fair Use and what isn't.

Disregard this.
 

The Lugz

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Apr 23, 2011
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Ahh, microsoft. microsoft.. microsoft... 'shakes head'
you pick your battles so poorly
you enrage your paying customers so often
and for what this time?

it 'just' means you cant get 4% of the games value back from adsense
/golfclap
it does not prevent story spoilers in games, it will not stop reviewers ragging on them
it in fact serves no purpose whatsoever other than to annoy people

legal bs, designed to reduce consumer's rights for no reason
congrats
 

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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Jul 10, 2012
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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?