540°

Nintendo Responds to YouTube vs Gamers Controversy: “We Want to Protect Against Infringement”

With a change in the copyright claim policies coming from YouTube, publishers have been on the warpath again, using the tools to claim copyright on let’s play videos and similar content, which could severely affect many of those that make a living by creating this kind of video content. Apparently one of the corps on the forefront of the copyright war is Nintendo and today a representative responded on the issue.

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KonsoruMasuta3799d ago (Edited 3799d ago )

To the people who are only going to read the title of the article, Nintendo said that they aren't against fair use. They are just using Content ID to protect themselves against real cases of copy right infringement.

They do seem to be a little more strict about what crosses the line though.

Beetey3799d ago

The article actually specifies that Nintendo is not against fair use.

KonsoruMasuta3799d ago

I know that. I actually meant to say "title of the article". It was an error in my comment.

SilentNegotiator3799d ago

Actions speak louder than words, and blind content ID scans aren't exactly fair-use's friend.

President3799d ago

I hope Nintendo flags every video from channels that try to make money off of Nintendo games. Sony and MS should do it too. Many times those channels all play the same games, try to be funny using the same stupid jokes, scream at the microphone... Its better if they just disappeared and didnt make money out of someone else's IP.

PurpHerbison3799d ago

Idk about you guys but Youtube has been ass since 2012.

HammadTheBeast3799d ago

K later Nintendo. I kind of felt bad after the whole Wii U flop, but I guess there's a reason that no one on Youtube gives a s*** about making videos for the Wii U.

ShinMaster3799d ago (Edited 3799d ago )

They can say they're ok with Fair Use all they want, but by using Content ID like this they're screwing everyone, fair use or otherwise.

Is anyone on YouTube actually infringing Nintendo's copyright?
Is some taking credit for Nintendo's work and Nintendo losing somehow losing money even a believable scenario?

Visiblemarc3799d ago

Fair use is not protected by/for anyone but the big fish. You can provide lip service about how you support fair use, but take my word, in practice small content providers get drowned in this BS with no protection whatsoever.

rainslacker3799d ago

Doesn't matter if they were or not. It's fair use, so they can't do jack squat to prevent it.

The problem is that YouTube's system is not distinguishing between fair use and copyright infringement. Even Let's Play videos could theoretically fall under fair use, as they have added commentary most of the time, but I feel that would be an issue for the courts to decide since it is more than just clips in most cases.

I think most people don't have a problem with YouTube stopping copyright infringement. In fact they probably have an obligation to given their size to protect themselves against lawsuits from publishers.

This whole thing turned into a mess. YouTube, and the original copyright holders, don't want to take responsibility for figuring out what is fair use, and what is copyright infringement, leaving many content providers(YouTube posters) to clean up the mess. Given the huge number of automatically flagged videos, it's going to take a very long time to figure out.

guitarded773799d ago

SilentNegotiator - Exactly

Nintendo can say whatever they want, but their actions have shown otherwise. How ignorant does one have to be to believe the PR BS?

It's akin to politic speak. They say what you want to hear, and do the exact opposite.

snipes1013799d ago

I don't see how any publishers could possibly consider LP'S a danger to their products. No one is stealing their game. People are watching footage of their game, which can only really be a good thing, when you think about it. Like other posters here, I've made purchasing decisions based off of LP's before.

Even though those that post LP's are technically making money off someone else's IP, the copyright holder is not losing out on any money. Unless, for example, Nintendo had its own video channel where it streamed game play footage, and these LP'S were costing them audience members, they are losing nothing on these LP's. Publishers are such Nazis about things like this.

+ Show (8) more repliesLast reply 3799d ago
-Foxtrot3799d ago (Edited 3799d ago )

The problem is it hasn't been hurting them or anyone before so why bother going through with all this now

It just seems pointless in my opinion and a middle finger to fans who have bought the game but like doing walk through videos or what not for their Youtube Channels.

JessiePinkmanYo3799d ago

I actually see YouTube as a free advertisement to a game and have made purchases based on the footage of other REAL consumers put up. Not some orchestrated demo you may see at E3 of a game possibly running on a PC.

An answer to this, Nintendo, MS and Sony could launch their own video upload channel and give YouTube the middle finger. They can monitor and implement the policies that they see fit. It'll also give us gamers a channel to view games without sifting through the tons of horse shit on YouTube

cell9893799d ago

I think what "hurts" them is the fact thata lot of people were making serious money by using footage from their intellectual properties. Anytime someone is making money off of your stuff, that you created for the purpose of making money its bound to raise some eyebrows. Now if these people are only using the footage as a hobby without any monetary gain, I dont see the problem, as someone else pointed out, its free advertisement.

travelguy2k3799d ago

The money these people may be making is not money that would have been going to the publisher anyway.

Also, if they are successful at making videos people are willing to pay money to watch, then that is great advertising for that game that the developer is not paying for.

I'm not sure if there are any victims in this and can only see it as being mutually beneficial. Unless the videos are degrading the product, then i can see the publisher/developer getting mad. Do the sue critics for copyright infringement if there is a picture of their IP in a poor review. I'm rambling now....

Visiblemarc3799d ago

-Foxtrot, this is just further evidence of how out of touch Nintendo is right now. This whole story has been a PR nightmare from the beginning, yet they haven't fixed their part of it. To me, it shows how far Nintendo ventured into "casual gamer" territory, in their minds. It's to a point now, where PR arises that is poison to them with core gamers and they do little-to-nothing about it.

rainslacker3799d ago (Edited 3799d ago )

That's really what I don't get. Nintendo makes quality games. They make games that while you may want to watch the game play before buying, still mean more by actually playing them. I'd imagine 99% of the people who sit through an entire lets play video probably have the game already and want to see how to get past a certain point. Others are already interested in the game, and just want to see if the game play appeals to them.

Reviews using just a few clips fall under fair use, so can't do anything about those.

I really don't see why Nintendo feels the need to make a big deal about these videos. Sega as well.

If the people happen to make some money providing these videos, then I don't see why Nintendo has a problem with it. They give free crap to big magazine website publishers all the time to do pretty much the same thing.

@Monkey below
Good reviewers won't put spoilers up in their reviews. Yahtzee does occasionally, but usually as a joke, and it's never what it seems. Bad reviewers who spoil things won't be around very long either way.

+ Show (2) more repliesLast reply 3799d ago
wheresmymonkey3799d ago (Edited 3799d ago )

they are very particular about what you can and can't show when you're doing vieo reviews as well. Most of the rules seem to be more to stop people spoiling the game though. which is nice.

Visiblemarc3799d ago

For strict game reviews that's fine...reviews with spoilers are the worst. However, other game exploration videos should have no issues.

This to me is ridiculous. If you're posting a vid on youtube of a movie, then someone can be said to have seen the movie if they watch that vid. Copyright claim valid. A videogame is interactive. Without interactivity, you haven't 'used' it.

I compare it to a remote control helicopter. Do you think any company that makes those would ever try to get videos of them being flown taken off youtube or make attempts to strip the video poster of their meager "profits" from the effort of making, editing and posting, what amounts to, their free commercials? No, of course not...the viewer still has to buy the product to experience it.

TheEvilWithin3799d ago (Edited 3799d ago )

Nintendo is just evil... /s

Abriael3799d ago (Edited 3799d ago )

Edit: lol nice ninja edit

just-joe3799d ago (Edited 3799d ago )

How dare you read the article, it's obvious this article is meant to single out one company even though Sony and Microsoft are having this happen trouble too with videos featuring Last of Us and Halo, Nintendo is the only one saying anything. But pay no attention to the man behind that mirror.

harrisk9543799d ago (Edited 3799d ago )

They CAN'T be against fair use. Fair use is a legal exception to copyright infringement.

FantasyStar3799d ago

When you're making money: everything changes.

solid_snake36563799d ago (Edited 3799d ago )

@FantasyStar Cuz we all know Nintendo sure as hell ain't making any.

miyamoto3799d ago (Edited 3799d ago )

"* Intellectual property loses its value if it is not defended. Hence, we chose to use Content ID."

In other words Nintendo themselves are responsible for putting these restriction inside YT's system.

Its their doing.

They are the ones who used these content IDs.

No need to manage Nintendo's reputation or control the damage.

Nintendo seems to not like free advertisement from their fans.

+ Show (4) more repliesLast reply 3799d ago
calvincrack3799d ago

Nintendo: the George Lucas of videogames. #givemebackyourchildhood

yarbie10003799d ago

This is Ubisoft's Youtube policy. http://forums.ubi.com/showt...

Nintendo and a few other publishers need to take notes

DarthJay3799d ago

Yes. Agree 100% with this. This is EXACTLY the way to handle it.

cell9893799d ago

I like the way Ubi is handling it. Now we know why the PS4 and Xbone do not have a youtube upload app.

HurstDarkStar3799d ago

I like the guidelines but the only part i see thats weird and too broad is the word offensive cause thats too abstract when they have no
homophobic, sexist, and racist right next to it some people will find anything to be offended by and apply what someones talking about and morph it into their reality, For ex: your drunk video
OH HELL NO MY FAMILY MEMBER DIED IN A CAR ACCIDENT AND YOU SHOULD BE ASHAMED OF YOURSELVES!!!
other than that its great.

ScamperCamper3798d ago

@yarbie, thank you soooo much for that link. It's almost hard to believe, but right now because of that, I just became a MASSIVE Ubisoft supporter. The fact they even say right there that people can monetize the youtube videos? That's a company that I put my support behind. Ubisoft should really communicate just how friendly they are. Wow, they should be a trend setter. Screw Nintendo and the likes.

+ Show (1) more replyLast reply 3798d ago
wishingW3L3799d ago

now the only question still unanswered is: protect it from what?

NatureOfLogic3799d ago (Edited 3799d ago )

Free advertisement. The same reason all games don't have a try before you buy demo. They rather for you to buy now, regret later.

This sums it up quite clearly.............

http://i.minus.com/ibcwEzn2...

Show all comments (75)
80°

How Many More Victims, Like Garry's Mod, Will Nintendo's Hurtful Crusade Create?

Hanzala from eXputer: "As Nintendo takes out 20 years' worth of stuff from Garry's Mod, I watch in shock, thinking why it continues to hurt and discourage its fans."

RiseNShine3d ago (Edited 3d ago )

The irony that some of the most disgusting business practices come from companies like Disney or Nintendo, i can't even begin to understand what terrible damage was Garrys Mod making to Nintendo bottom line, imho they're getting pretty nervous about where they're heading in the future, handhelds are no longer something exclusive to Nintendo, from Steam Deck to many others, now you can play the latest games and pay a fraction of the price on Steam sales, so it's up to their exclusives, which just on their own would make hard to justify purchasing a closed overpriced hardware with outrageous price policies (Super Mario Odyssey is still 60 euro 6 years later!), and as a home console they're always underperforming compared to Sony or Xbox.

gold_drake2d ago (Edited 2d ago )

i cam guarantee you, that their exclusives alone is what drives switch sales. they sell in the 10s of millions of copies.

nintendo created their franchises to be sort of nostalgia driven, exclusive only on nintendo.

people will always buy the pkmn games as they always bring in new younger fans amd is family friendly

mario kart, the same thing, mario games in general.

zelda games are system sellers. animal crossing for the casual gamers.

nintendo doesnt need third vame devs essentially. they made sure with the switch and the limitations that they looked more to pc ps and xbox.

its sad, but nintendo is more than fine with what they're doing. they positioned themselves to appeal to the more casual gamers.

but to your point, im not sure why they're doing this rly.

Inverno2d ago

Look at how they handled Nintendo games being streamed or uploaded on YouTube in the past. They killed Yuzu and Citra even when they had nothing to do with ToTK being leaked, not to mention it was basically unplayable on emulation the week it was leaked. Smash Bros tournament, that was fairly recent. They shut down their online services without any care for purchases made. I bought a switch after skipping their last 2 consoles and handhelds but I don't plan on buying anything Nintendo in the future. They take things to the extremes, they legitimately hate their fans. They're honestly right up there with the likes of Acti, EA, and Ubi, only difference is that they disguise themselves as being family friendly all the while being shady.

80°

Nintendo's Massacre Of The 3DS And Wii U Is Finally Complete, Regrettably

Hanzala from eXputer: "The cruel hammer of Nintendo has fallen. Farewell, 3DS and Wii U, you surely brightened my life and many others; you won't be forgotten."

280°

Xbox's Preservation Step Sets A Much-Needed Example, Especially For Nintendo

Hanzla from eXputer inquires: "If Xbox can care about preserving its games and legacy, what exactly is wrong with Nintendo, trying to kill game preservation single-handedly?"

purple10123d ago

Ahh yes the good old game preservation of saving all your games to a removable hhd on the Xbox 360, taking it round your mates house, setting up multiple tvs to
Be met with “save data corrupted, please re download”

Or how about removing 360 games
From the store
, download them now or else, and, better hope to god that save data doesn’t corrupt, or it’s lost for ever

Nice one ☝️

Zeref23d ago

It's better than what Nintendo and Playstation is doing. It might not be perfect but at least they are TRYING. Unlike the others.

DarXyde22d ago

Trying? Take off the blinders for a moment, mate.

1. A failure to preserve games is just that: a failure to preserve games. Don't try to sugarcoat it: NO ONE is doing it properly. Better than awful is nothing to write home about.

2. At the time of this comment, isn't it the case that you need an internet connection to play Xbox games even if you buy physical discs that are hardly in circulation anymore? I don't have a Series X and I can't verify, but I think that is correct. I'm fairly certain you can at least play PS5 games at version 1.0 (not much of a win really when many games require day one patches). I think Microsoft's all digital, licensing approach is by far more aggressive than anyone else's. They really try to push you to game pass where you lose your entire library by umm.... Skipping a month of payments.

I don't think anyone is doing it right whatsoever. Don't get me started on Nintendo, who goes after anyone looking to preserve their games better than they ever would with extreme litigation.

Don't be a simp for any of these companies. Get it together.

PhillyDonJawn22d ago (Edited 22d ago )

@DarX never speak on Xbox again. You lost all credibility with your internet connection comment. Smh you have 0 clue and misinformed yet speaking on something you don't no squat about.

Einhander197222d ago

What has Sony done exactly? You guys keep deflecting to Sony but I am not actually seeing any results, and ai am certain nothing that you can come up with even comes close to what Microsoft has done and what they have tried and failed to do, like tie all your disks to your account on xbone.

Microsoft removed their whole indie section when they moved to the xbone because they were going to only allow games on the service that came from a publisher, id@xbox started after xbone launched and it only exists because Sony embraced indie and Microsoft was forced to cancel their plans and reverse course.

And every single game that was part of games for windows live including disk games (I have gta 4 on disk that won't work) so hundreds of games that use that DRM no longer work unless the company themselves patched it out which of course very few did.

MrBaskerville22d ago

Not trying. Tried. they killed of the backcomp program years ago. They set something up again, but sounds like it's more of an attempt to save the current library on whatever they are planning next. With luck they save everything and more, but let's see. I could see them killing off parts of the OG xbox and 360 libraries. Can't imagine that they would allow us to play Forza 5-7 in the future.

With that said, I do like what they've done and really wish they could have done more.

shinoff218322d ago

Zeref

So killing off physical media is trying what exactly. Ms don't really give a fk if you think they do your kidding yourself.

Profchaos22d ago

They are not trying this team is established for forward compatability the team is. It interested in preserving Xbox or 360 games.

+ Show (3) more repliesLast reply 22d ago
isarai23d ago

Is that why Hellblade 2 is digital only?

Zeref23d ago

Just because it's digital only doesn't mean you can't preserve it. Just put it on an external and you have the exact same functionality of what a disc does.

MrNinosan22d ago

Guess you're trolling, but if you actually think that's how it works, I'd recommend buying some braincells.

mkis00722d ago (Edited 22d ago )

Volitile vs nonvolitile data. A disc will not corrupt either. A drive can be corrupted.

Einhander197223d ago

This is just a scammy PR move to distract from the fact they are going digital only and trying to push streaming and subscriptions only.

No gaming company has pushed harder to remove ownership than Microsoft.

Without discs there is no preservation, preservation can't be done by the rights holders it can only be done by the consumers, anything else is a lie.

23d ago Replies(3)
Einhander197223d ago

Anyone remember xblig which Microsoft removed their whole 360 indie section removing hundreds of games from people?

23d ago
23d ago
Zeref23d ago

Do you know you can put your games on an external and preserve them that way? There are no benefits to discs. ZERO. Idk why some of you are still obsessed with them.

DarXyde22d ago

Because games like Persona 5 exist. It's STILL V1.00. On Playstation, that's a win because 1.00 is installed on the disc—no need to download anything.

If a game does not require any updates, it's all on the disc.

Extremely low bar in the modern era, of course. It's not much of a win by any stretch.

But for now, physical media does have a purpose, at least on Playstation.

Einhander197222d ago

That is factually not how game licensing works, try plugging your hard drive into someone else xbox, It's not going to work, and it won't work if the licensing servers ever go down.

Einhander197222d ago

Anyone remember games for windows live.

I have around a dozen games, some on Steam itself that will not work because Microsoft shut off the licensing servers.

BehindTheRows22d ago (Edited 22d ago )

I do. I STILL have games (Gears of War being the big one) I cannot access because Games for Windows LIVE is total garbage and no one has held Microsoft accountable.

Zeref22d ago (Edited 22d ago )

You don't have an Xbox apparently. Because you can 100 percent plug in your external and play games from it on any Xbox console lol. You just have to be logged in to prove ownership.

Chevalier22d ago

"You don't have an Xbox apparently. Because you can 100 percent plug in your external and play games from it on any Xbox console lol. You just have to be logged in to prove ownership."

Damn how many times do people got to explain your idiocy to you? You can take a copy of Persona 5 like someone used as an example and play that game on ANY console WITHOUT logging in which means I can lend the game to a friend without internet and they can play my game. Can you lend your hard drive to anyone without logging in for them to play? NOPE. That is a huge difference and if you think otherwise then sorry you're an idiot.

Tacoboto22d ago

"No gaming company has pushed harder to remove ownership than Microsoft."

Ubisoft is literally erasing games people bought from their libraries... My PS1-3 discs are useless on modern hardware. Nintendo's re-published and resold almost their entire Wii U library, and the eShop is completely dead with no BC mechanism in the Switch software. Microsoft publishes everything they make today day one on Steam and Xbox/Windows. Sony only brings to PC the titles they think you might want some years later and Nintendo won't even design a functional long-lasting joystick.

You're absolutely trolling and not serious if you think Microsoft today is the worst offender.

shinoff218322d ago

Yay steam

Not everyone fks with computers though. The disc is still the best way as a console player. Period.

Tacoboto22d ago

How do Sony and Nintendo feel about these discs from 2001-2013?

Don't be stupid, you know Xbox is the best at this today.

+ Show (3) more repliesLast reply 22d ago
Hofstaderman23d ago

Nobody wants this. Sales or the lack of it in the case of XBOX is very telling. I wonder how the adorably all digital series X will fare. Adorably dismal perhaps?

crazyCoconuts22d ago

Only time will tell, but for from someone like me suspecting that Xbox is trying to gracefully exit the console market, that "forward compatibility" team is trying to get Xbox games playing on Windows PCs. I mean, it's nice that they're not planning on exiting with a "enjoy your games while the hardware still works" message, so that's nice. They still have a brand to protect via Microsoft so probably feel obligated to have a better exit strategy.

Xeofate22d ago (Edited 22d ago )

That is not their plan, their plan is to transfer users accounts to the cloud.

Phil Spencer himself said as much a few months back, plans could have changed but I think people are reading way too much into one statement where Phil said he would allow Epic on xbox because he wants to be able to sell xbox games directly on other platforms. Aka, instead of selling Sea of Thives through PSN he wants to have an xbox store to sell his games on PlayStation without giving PlayStation any money.

Again, it's extremely unlikely that Phil plans to put PC on xbox and licensing would prevent them from just giving out other publishers games purchased on xbox copies of thier games on PC, Microsoft does not own their games.

crazyCoconuts21d ago

The thing that doesn't align with the cloud strategy is the giving up on exclusives. You'd still need strong exclusives for cloud streaming - it's still a "platform" , just with a lower upfront hardware investment. I feel like they've learned what PS learned with PSNow long ago. We're not ready to stream games and it's only gonna lose them money to try at this point

FinalFantasyFanatic22d ago

I would love that, I'd buy up some of the Xbox games if they could run on PC, like the Rare Replay, Lost Odyssey and Dead or Alive Ultimate, probably a pipe dream though.

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