Problem with Arguments against Nintendo's youtube policies

kilenem

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I want to start this off by saying Nintendo is stupid for what they're doing and they would get free advertisement and I've bought a few games because of lets plays.

I have a problem with people saying that Games shouldn't be protected under copyright law the same other works of art are protected because they're a different medium. Since they're interactive. Mostly because games are protected under the first amendment can't be censored in the U.S because they are treated like any form of art as free speech. I don't want these idiotic law makers to have ammo to use against gaming. All laws should apply to gaming as if it was nay other form of media so at least in the states it doesn't get censored. Also music can technically be interactive and the experience can change based on what how a DJ selects and remixes beats radio stations still have to pay royalties to pay it on air.
 

FC Groningen

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I'm not sure it has been mentioned in the discussion so far, but as far as I know, there's usually a disclaimer included if you buy a DVD or videogame in which you automatically agree not to (ab)use the product you bought beyond the liberties that were included with the sale, like not sharing it with third parties. IF this is still the case and I believe it is, then you made a legal agreement which limits you in sharing any Nintendo products in any way, you purchased. If the customer agrees to such terms, I don't think it's possible to make any sort of legal claim if Nintendo includes their policy regarding uploading youtube videos.

Don't get me wrong, I wish they didn't have that policy and I don't think it's wise in the long run, but if this is the case, then the entire discussion seems moot to me.
 

Hairless Mammoth

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I agree that it is a stupid and self-entitled action Nintendo has taken, while most other game makers love it when people have more footage of their game on youtube to talk about (besides the jerks who use copyright strikes as censorship or to put their official trailers at the top of searches), and take no action against LPers, reviewers using lots of footage, and news presenters also using footage. But, Big N has the legal right to do this, unfortunately. Copyright law is messed up in most countries and is definitely archaic in the US, where IP laws have slowly been built up to mostly benefit large companies with the creative individuals lucky they get any control over the story, concepts and characters they made. With the way things are going now, changing IP laws or how video games are interpreted is dangerous, because the politicians who would make those decisions either do not understand the subject and the consequences, or will be lobbied immensely by the game companies to make sure they get as much control as they can with new the laws. So, yeah, demanding that video games be treated differently is opening a can of worms that will likely bite us in the ass.

I really hope Youtubers boycott Nintendo's MCN, even Nintendo guys like Chuggaconroy, and do other games for a while. The past year has been pretty swell, as far as false copyright notices are concerned. (Most content claims I heard about was Nintendo, for audio and still images even, and the random chumps that hate that their game was being trashed by critics.) Big N getting away (from the public, not the law) with this will just snowball troubles from there as more game companies think they can do similar things. Nintendo's whitelist doesn't even included games like Bayonetta 2 or Super Smash Bros, games that you want to watch and then, after seeing the excitement, feel you must play. It's idiot ball juggling all around.
 

Johnny Novgorod

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I just read this Forbes article published 3 days ago... Nintendo's policy is insane.

So to be perfectly clear here, upon realizing they couldn't monetize non-Nintendo videos on someone's channel, in order to get someone's YouTube account registered through the Partner program, they have to either delete all non-Nintendo videos from their channel, or they have to form an entirely separate channel, which only contains games from Nintendo's approved list.
So if you want to upload Nintendo content on your channel, you have to:

1) Register in the "Partner program".
2) Clean your channel from non-Nintendo content (or create a new channel altogether).
3) Upload content from an incredibly brief list of "allowed" games (Super Smash Bros, Bayonetta and Pokémon not included).
4) Give 30% of profit to Nintendo (40% if you didn't register through "Partner").

Criminy, this is your idea of boosting sales on your worst selling console ever? Taxing Youtubers that buy it?

http://www.forbes.com/sites/insertcoin/2015/02/06/nintendo-updates-their-bad-youtube-policies-by-making-them-worse/
 

VG_Addict

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I would like to point out that the program is still in beta, and Nintendo might change it before May.
 

Johnny Novgorod

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VG_Addict said:
I would like to point out that the program is still in beta, and Nintendo might change it before May.
They better. They've made enough bad decisions as it is.
 

mad825

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VG_Addict said:
I would like to point out that the program is still in beta, and Nintendo might change it before May.
What the fuck is that suppose to mean? They are testing out to see if the policy is user friendly?

It's a policy and policies can be changed at any given time. They do not need to follow a standard.
 

JayRPG

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I'm usually happy to defend Nintendo (where it's reasonable, IE they are in no financial trouble, and they should keep making hardware) but this youtube thing is buttfucking insane.

I see this kind of policy being acceptable, or at least more reasonable, if youtube were in it's infancy and nobody had yet started uploading let's plays and video game videos.

But we aren't living in 2005. Every other company (mostly) is happy to let youtubers advertise their games through the medium. Not all Let's players deserve the money so I can see that side of the argument (there are many, many notable exceptions), and from a legal standpoint Nintendo isn't in the wrong, but the whole thing is just completely unreasonable.

There is no reason why Nintendo should govern so much of the "partner's" channel when they are already taking a sizable chunk of the channels income.

If they are so strictly against people profiting from videos of their games they could have done this in so many other, more reasonable ways.
 

Hairless Mammoth

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mad825 said:
VG_Addict said:
I would like to point out that the program is still in beta, and Nintendo might change it before May.
What the fuck is that suppose to mean? They are testing out to see if the policy is user friendly?

It's a policy and policies can be changed at any given time. They do not need to follow a standard.
It probably means Nintendo is testing the waters to see if their gouging of 30%-40%, compared most other Multi-Channel Networks' 10%-20%, will work out and to see how many Youtubers they can scare with implied threats of content ID matches/copyright claims if they don't submit to Ninty's draconian restrictions. Unfortunately, that second point seems to be quite successful, as they are swamped with submissions. They've probably been thinking about this for a while and were showing their power by pulling stunts like flagging audio or even still images.[footnote]I heard they ID matched a video (Happy Video Game Nerd's, I think) for showing a still promo image for Skyward Sword. You know, one of the many that game publications had plastered all over the internet, which is then reposted ad nauseam by random people, and magazines already.[/footnote] Now they are trying to appear to be some sort of savior, protecting us from the YT content ID shenanigans, when they are the ones pulling the strings.

I'm still hoping enough powerful people send them a loving F-YOU for trying this, and they stop being greedy and greatly relax the policy and restrictions (or, best yet, just drop this altogether and be nice like virtually every other publisher currently is). Seriously, Bayonetta might have just broke even, but Pokemon and Smash should have made them way more than enough dinero over the two decades they've existed (and more with the program). And they completely ban those?
 

tstorm823

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Johnny Novgorod said:
I just read this Forbes article published 3 days ago... Nintendo's policy is insane.

So to be perfectly clear here, upon realizing they couldn't monetize non-Nintendo videos on someone's channel, in order to get someone's YouTube account registered through the Partner program, they have to either delete all non-Nintendo videos from their channel, or they have to form an entirely separate channel, which only contains games from Nintendo's approved list.
So if you want to upload Nintendo content on your channel, you have to:

1) Register in the "Partner program".
2) Clean your channel from non-Nintendo content (or create a new channel altogether).
3) Upload content from an incredibly brief list of "allowed" games (Super Smash Bros, Bayonetta and Pokémon not included).
4) Give 30% of profit to Nintendo (40% if you didn't register through "Partner").

Criminy, this is your idea of boosting sales on your worst selling console ever? Taxing Youtubers that buy it?

http://www.forbes.com/sites/insertcoin/2015/02/06/nintendo-updates-their-bad-youtube-policies-by-making-them-worse/
This information is incorrect. If you want to upload Nintendo content and get 60% of the revenue, you register just the Nintendo videos for monetization. You don't have to delete anything.

If you want to register an entire channel and get 70% of the revenue, you have to have only approved Nintendo content, which is almost certainly only going to be used for people making side channels.
 

VG_Addict

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Hairless Mammoth said:
mad825 said:
VG_Addict said:
I would like to point out that the program is still in beta, and Nintendo might change it before May.
What the fuck is that suppose to mean? They are testing out to see if the policy is user friendly?

It's a policy and policies can be changed at any given time. They do not need to follow a standard.
It probably means Nintendo is testing the waters to see if their gouging of 30%-40%, compared most other Multi-Channel Networks' 10%-20%, will work out and to see how many Youtubers they can scare with implied threats of content ID matches/copyright claims if they don't submit to Ninty's draconian restrictions. Unfortunately, that second point seems to be quite successful, as they are swamped with submissions. They've probably been thinking about this for a while and were showing their power by pulling stunts like flagging audio or even still images.[footnote]I heard they ID matched a video (Happy Video Game Nerd's, I think) for showing a still promo image for Skyward Sword. You know, one of the many that game publications had plastered all over the internet, which is then reposted ad nauseam by random people, and magazines already.[/footnote] Now they are trying to appear to be some sort of savior, protecting us from the YT content ID shenanigans, when they are the ones pulling the strings.

I'm still hoping enough powerful people send them a loving F-YOU for trying this, and they stop being greedy and greatly relax the policy and restrictions (or, best yet, just drop this altogether and be nice like virtually every other publisher currently is). Seriously, Bayonetta might have just broke even, but Pokemon and Smash should have made them way more than enough dinero over the two decades they've existed (and more with the program). And they completely ban those?
You'd think they'd want to have videos of two of their biggest franchises, Pokemon and Smash. Those two alone would have made them plenty of money.
 

Johnny Novgorod

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tstorm823 said:
Johnny Novgorod said:
I just read this Forbes article published 3 days ago... Nintendo's policy is insane.

So to be perfectly clear here, upon realizing they couldn't monetize non-Nintendo videos on someone's channel, in order to get someone's YouTube account registered through the Partner program, they have to either delete all non-Nintendo videos from their channel, or they have to form an entirely separate channel, which only contains games from Nintendo's approved list.
So if you want to upload Nintendo content on your channel, you have to:

1) Register in the "Partner program".
2) Clean your channel from non-Nintendo content (or create a new channel altogether).
3) Upload content from an incredibly brief list of "allowed" games (Super Smash Bros, Bayonetta and Pokémon not included).
4) Give 30% of profit to Nintendo (40% if you didn't register through "Partner").

Criminy, this is your idea of boosting sales on your worst selling console ever? Taxing Youtubers that buy it?

http://www.forbes.com/sites/insertcoin/2015/02/06/nintendo-updates-their-bad-youtube-policies-by-making-them-worse/
This information is incorrect. If you want to upload Nintendo content and get 60% of the revenue, you register just the Nintendo videos for monetization. You don't have to delete anything.

If you want to register an entire channel and get 70% of the revenue, you have to have only approved Nintendo content, which is almost certainly only going to be used for people making side channels.
I'm afraid that only confuses me further.
 

Hairless Mammoth

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VG_Addict said:
You'd think they'd want to have videos of two of their biggest franchises, Pokemon and Smash. Those two alone would have made them plenty of money.
Pokemon and Smash? No, no. Nintendo is now all about promoting their sleeper hits, like the Virtual Boy and some nifty Zelda game on this new system called the CDi.[small]/jk[/small] (If they are going to hold the idiot ball this long they might as well try and do something that horrible.)
Johnny Novgorod said:
tstorm823 said:
This information is incorrect. If you want to upload Nintendo content and get 60% of the revenue, you register just the Nintendo videos for monetization. You don't have to delete anything.

If you want to register an entire channel and get 70% of the revenue, you have to have only approved Nintendo content, which is almost certainly only going to be used for people making side channels.
I'm afraid that only confuses me further.
What it means is anyone who wants just a 60% can just register each individual video of Nintendo stuff to the program, and, if they want that precious extra 10%, they have to remove every game related thing that is not on Big N's whitelist or make a whole new channel dedicated to Nintendo content, then register the full channel. It would almost be nice, if they weren't still their old control freak selves and payed around 75% for single videos and 85% for channels or better.