j-e-f-f-e-r-s said:
So that is why Nintendo did not just say all commercially operated channels or took just half of the ad revenue... but imposed it on all channels featuring their products, even reviews and also took all the ad money, right?
Yeah no, mate, no nintendo dick sucking from you in public please. When even review channels are hit, who even under your application of fair use should have been protected, then no it is not okay or alright or fair. Even those non-profit LPers, the ones who just play for fun and don't want to put adds in their videos? They will automatically have adds put in them to give money to Nintendo.
Not to mention the fact that a recording of me playing the game should be about as much property of Nintendo as "A Song of Ice and Fire" should be the property of the manufacturer of the Laptop it was written on, or if that one is to far out there, think of a street performer using music to dance on, all he earns now automatically goes to the record company, not the actual artist of the song, because without the music he would just be flailing around. In the end this will not even help the developers, which I might support if they were reasonably in their demands, but the only one getting rich here is Nintendo shoveling the cash into their money vault.
I don't think we give the person playing the game enough credit for the audience they have. I don't think many people actually watch LP's to see the game but instead see the LPer play the game, the main attraction is the LPer. Not to mention all the work that actually goes into making good LP videos. I would very much like to see what would happen if we took away the LPer, I hope you enjoy mario standing at the start of world 1 for 24 hours a day. If it was a movie or a comic or anything else that did not involve a player to actually make things happen you would be correct, games however? Nintendo made them, Nintendo sold them, the people are the ones that play them, whatever footage of people playing them is almost always wholly unique to the person playing it so really what are you copyrighting claiming here? All the different ways people could play your game?
It sounds to me like you have some kind of idea that these people are lazy bums mooching off of other people's hard work, which says quite allot about you, and that Nintendo is somehow some white knight riding in to defend the fair copyright princess from infringement. LPers don't get paid to play Nintendo's games, Nintendo indirectly profits from advertisement and basically what amounts to live demonstrations of gameplay. If Nintendo was hiring LPers and then pocketing the ad revenue that'd be fine, but they aren't, they are basically muscling in like a bunch of mobsters into people's channels and demanding they hand over ALL ad revenue. Regardless of the content or style of the video. If it shows Nintendo, Nintendo demands to be paid.
Now if Nintendo wants to piss all over that and just take the whole advertisement pie, it can just go ahead and do that, but let's not pretend it is out of some noble justified reason, it's just to grab all the ad money. So the CEO's don't have to go RoboCop because of the WiiU's sales.