Nintendo Allows (Japanese) Fans to Post Derivative Works Without Concern

Something Amyss

Aswyng and Amyss
Dec 3, 2008
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CaptainMarvelous said:
You have had a legal right since birth to do videos of games that didn't exist on a website that didn't exist with technology that didn't exist?
I'm not fully convinced you know what laws are dude o_O at the very least if you have a legal right to use their material to make money with no payment to the company, that won't have been legal until at the earliest Youtube's Terms and Conditions were written down.
Crap.

You're going to make me side with Strazdas.

....Okay, then.

You probably shouldn't insist that someone doesn't know what "laws" are and then go on to talk about what would be "legal" before or after YouTube's terms of use, dude. YouTube has no legislative power. In fact, once they got attention, they were shutting down virtually anything that someone might possibly claim as a violation. Hell, that continues today--you don't even need to be a rights holder to file a claim, as has been evidenced by the "Hitler" takedowns. Most industrial nations, however, had some precedent and provision for use of copyright material, even if they did not explicitly have a "fair use" doctrine (like the US).

In fact, one of the big changes that's happened is that big industries decided they weren't special enough snowflakes and started to push for new laws to protect them online, which post-date both his birth and yours. There was an overall trend towards getting more restrictive, not less, in our lives (and still is in the US, though Europe has gone the other route).
 

CaptainMarvelous

New member
May 9, 2012
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Zachary Amaranth said:
CaptainMarvelous said:
You have had a legal right since birth to do videos of games that didn't exist on a website that didn't exist with technology that didn't exist?
I'm not fully convinced you know what laws are dude o_O at the very least if you have a legal right to use their material to make money with no payment to the company, that won't have been legal until at the earliest Youtube's Terms and Conditions were written down.
Crap.

You're going to make me side with Strazdas.

....Okay, then.

You probably shouldn't insist that someone doesn't know what "laws" are and then go on to talk about what would be "legal" before or after YouTube's terms of use, dude. YouTube has no legislative power. In fact, once they got attention, they were shutting down virtually anything that someone might possibly claim as a violation. Hell, that continues today--you don't even need to be a rights holder to file a claim, as has been evidenced by the "Hitler" takedowns. Most industrial nations, however, had some precedent and provision for use of copyright material, even if they did not explicitly have a "fair use" doctrine (like the US).

In fact, one of the big changes that's happened is that big industries decided they weren't special enough snowflakes and started to push for new laws to protect them online, which post-date both his birth and yours. There was an overall trend towards getting more restrictive, not less, in our lives (and still is in the US, though Europe has gone the other route).
Ahhhh, totally valid criticism.

Youtube's laughable flag system aside; My point was that saying you had a legal right to something that would have been inconceivable prior to your birth is a little presumptuous. That is, to say you automatically have the legal right to use someone's copyright material in ways that are apparently debateable in regards to the 'fair-use' clause is maybe not expressing a great deal of common sense in regards to said legal system.

Still, quite right that I didn't need to be insulting. It's a fair cop, I didn't articulate the response well, I went too heavy on the snark.
 

Glaice

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Mar 18, 2013
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How about international fans as well, you can't just limit it to Japan as there is so many content creators outside of there that would love to do this without getting hit with legal nonsense.
 

Strazdas

Robots will replace your job
May 28, 2011
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CaptainMarvelous said:
Strazdas said:
Oh wow. Thank you Nintendo for "allowing" me something that has been my legal right since birth. You are so awesome for finally confirming that yes laws are in fact lawful. how would we do without it!

Oh, thats right, you already shown us how you would act without laws las year....
You have had a legal right since birth to do videos of games that didn't exist on a website that didn't exist with technology that didn't exist?
I'm not fully convinced you know what laws are dude o_O at the very least if you have a legal right to use their material to make money with no payment to the company, that won't have been legal until at the earliest Youtube's Terms and Conditions were written down.
No, i had a legla right since birth to do derivative works, regardless of game, website it hosted or technology used. I could have made a painting of Space Invaders in 1989 and i would have created a derivative work, legally.

Lets plays are a form of derivative work.