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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KonsoruMasuta1624d ago (Edited 1624d 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.

Beetey1624d ago

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

KonsoruMasuta1624d ago

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

SilentNegotiator1624d ago

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

President1624d 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.

PurpHerbison1624d ago

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

HammadTheBeast1624d 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.

ShinMaster1624d ago (Edited 1624d 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?

Visiblemarc1623d 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.

rainslacker1623d 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.

guitarded771623d 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.

snipes1011623d 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.

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-Foxtrot1624d ago (Edited 1624d 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.

JessiePinkmanYo1624d 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

cell9891624d 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.

travelguy2k1624d 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....

Visiblemarc1623d 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.

rainslacker1623d ago (Edited 1623d 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.

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wheresmymonkey1624d ago (Edited 1624d 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.

Visiblemarc1623d ago

For strict game reviews that's 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.

TheEvilWithin1624d ago (Edited 1624d ago )

Nintendo is just evil... /s

Abriael1624d ago (Edited 1624d ago )

Edit: lol nice ninja edit

just-joe1624d ago (Edited 1624d 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.

harrisk9541624d ago (Edited 1624d ago )

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

FantasyStar1624d ago

When you're making money: everything changes.

solid_snake36561624d ago (Edited 1624d ago )

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

miyamoto1624d ago (Edited 1624d 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.

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calvincrack1624d ago

Nintendo: the George Lucas of videogames. #givemebackyourchildhood

yarbie10001624d ago

This is Ubisoft's Youtube policy.

Nintendo and a few other publishers need to take notes

DarthJay1624d ago

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

cell9891624d ago

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

HurstDarkStar1624d 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
other than that its great.

ScamperCamper1623d 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.

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wishingW3L1624d ago

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

NatureOfLogic1624d ago (Edited 1624d 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.............