Nintendo's Copyright Crackdowns Have Turned It Into A Villain

At the end of the day, the lawsuits and fines may work in the short-term, but by shutting down communication, ratcheting up lawsuits and stubbornly refusing to acknowledge that the gaming world has changed since 1985, the mega corporation is starting to look a little villainous, which is a brutal contrast to the welcoming, wildly imaginative image it's nurtured through its games over the years.

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mandf158d ago

People steal from them and they are the villain. Great logic

CrimsonWing69158d ago (Edited 158d ago )

I know, right.

Look, if you're harming their sales or profiting off their works... they're in the right to do this.

It sucks and I get it, people think, "well, I'm just streaming," or "I just made a video is all," but you're still using copyrighted material.

I wish Nintendo would ease up, but again, I mean this is their right.

porkChop158d ago

When streaming you're interacting with chat, providing commentary on the game, etc. That's fair use and transformative content. The same goes for YouTube videos. They're also fair use and transformative content. Parody/satire, reviews, commentary, etc., are covered under fair use. YouTube won't fight Nintendo on it because they want advertising money. That doesn't mean that what Nintendo is doing is right though.

CrimsonWing69158d ago (Edited 158d ago )


Ok, then why can Atlus get you banned for not following their stream guidelines? You know they won’t allow you to stream past a certain point in Persona games? Where’s the fair use from “transformative content” there?

What do multiple YouTube reviewers run into copyright strikes? Why does Angry Joe struggle and fight them and have to Bend over backwards for some of his reviews not to get copyright striked?

If YouTube is in the right to have the content, you bet your ass they’d fight it in court. In the end, YouTube would benefit from it by winning and set a precedent. The reason they don’t is they know they wouldn’t win.

I’m sorry, but it’s up to the publisher and owners. Otherwise we wouldn’t be having this conversation.

porkChop158d ago

"If YouTube is in the right to have the content, you bet your ass they’d fight it in court."

You do not know what you're talking about. I am a content creator. I have also worked as a journalist and actually went to journalism school and learned all about fair use and my rights as a creator. I deal with this shit every day, it's my job. YouTube doesn't fight for jack shit. They never have and they never will. You clearly do not understand the issue you're talking about.

For example, the Canadian federal government is currently ramming a bill through that's going to significantly damage Canadian creators. YouTube knows this and agrees that it's bad for all of us. Are they fighting it? No. They sent us all emails telling us to email our MPs and fight it ourselves. Even though it's their platform and they agree it will significantly damage their business, they won't lift a finger to do anything.

Kaze88158d ago

The rest of the world is not Japan. Big streamers playing your game actually promote your game and usually boosts sales of good games. Games are not movies, that you just watch in 2h and be done with it. On games you actually actively interact with and the sense of immersion is on another level. Nintendo have no good will at all with their IP's. Some fan made a Zelda fan made movie and was supposed to show it of for free, then Nintendo sent their lawyers. Someone makes UE5 engine demo of Mario 64, lawyers. Someone makes a review of Mario kart 8, lawyers. Someone teaches how to play Zelda songs on a flute, lawyers. You can have fun with Nintendo games, but for the love of god don't make anything yourself related to them or at least don't post it anywhere if you don't want Nintendo lawyers on your house :D

CrimsonWing69157d ago (Edited 157d ago )


I’m sorry but again you’re not making sense.

If fair use supersedes copyright strictly on legal terms, then why is Nintendo able to legally copyright strike you and win in a court case if they want your content taken down for using recordings of the game they made?

Same with Atlus. Why can they legally take all your sh*t down if you stream past a certain chapter?

If fair use protects this content, then copyright can’t be used against it. I think, and don’t take this personally, you might not understand what you’re taking about. Fair Use is a gray area, but can I put up a full playthrough of Zelda with added jpegs and some commentary and call that transformative work and is protected under fair use? According to you I can.

Let’s go further, let me put a full movie on YouTube and do the same thing, according to you it’s fair use and should be protected against copyright.

Is it? You’re the expert here.

porkChop157d ago

Alright. I'm having a very long, shitty day literally because of YT, and I'm already in a bad mood. But I will try to explain this shit in a way that you'll hopefully understand.

Again, YouTube does not fight for fair use, nor do they fight against false copyright claims. That is the most important part that you need to understand. There's no check box or verification that your video classifies as fair use. There's nothing there to prevent a claim from being made. YouTube just assumes it's fair use, and when a claim is made YouTube then assumes it wasn't fair use. That's why litigious companies like Nintendo can get away with it. YouTube (and Twitch) position themselves as an independent party, not on either side. They don't fight, they just act as mediator and judge so that they have no liability and are unlikely to be sued. They assume the content creator is wrong automatically, and then the creator can appeal to have the decision overturned. Actually doing that successfully is very difficult as it isn't in YouTube's interest to side against large copyright holders.

For example, I had a video hit with a copyright claim by some large music producer from the middle east. The song they claimed I used was not in the video at all. The only songs I used were copyright-free from StreamBeats. I appealed, explaining very clearly that the song is never used in the video. After 30 days YouTube still sided against me. They will rarely ever go against large companies, especially those who spend money advertising on YouTube. It doesn't matter if those companies are wrong or lying. Hell, you're lucky if YouTube even manually reviews your video to check for themselves. It's usually all automated.

porkChop157d ago (Edited 157d ago )

"can I put up a full playthrough of Zelda with added jpegs and some commentary and call that transformative work and is protected under fair use?"

That's called a Let's Play. Yes, it is fair use because you're providing commentary, your thoughts on the game, etc. The game is only one aspect of the video, you and your personality are another. Together they are transformative. You can do that with almost any game unless it's a publisher like Nintendo who constantly oversteps. While it would be easy to overstep like Nintendo, most publishers welcome it regardless of content. You're providing free advertising. This is why "YouTube games" like Surgeon Simulator and Gas Station Simulator exist. They're created for streamers and YouTubers to play. That free advertising drives up sales significantly. It works.

Your comment about posting a full movie would not be considered fair use because it's not an interactive medium. You're comparing apples to oranges without recognizing the difference. With a movie you could cut up scenes and such to use as a background for your review, analysis, op-ed, etc. That would be fair use. But, again, you could still get hit with a claim.

"I think, and don’t take this personally, you might not understand what you’re taking about."

You're talking to someone who literally works in the space and has dealt with this plenty of times. So when you tell me I don't understand what I'm talking about, yeah, I *do* take it a bit personally even if I understand where you're coming from. You are wrong. I know in your head it seems black and white so it makes sense. 1+1 is 2, right? But on YouTube 1+1 is whatever the copyright holder claims it is. Trust me, I get it. But it's so much more complicated than you think it is.

porkChop157d ago

YouTube (and Twitch) don't want to risk getting sued so they don't side with content creators unless they absolutely have to. Just look at how many large creators get demonetized or lose their partnership because of stuff like this. Even they have a hard time getting it resolved, and that's only after it goes viral. Smaller creators get no such support. These platforms also don't want to lose large sponsors that spend a lot of money on the platform. They've gone through the ad-pocalypse more than once already, they don't want that to happen again.

"why is Nintendo able to legally copyright strike you and win in a court case if they want your content taken down for using recordings of the game they made?"

Taking a video down does not involve a court case. That's not how it works. They make the claim and either tell YouTube to take the video down or say that they want the money from monetization. If they want it removed YouTube will usually just automatically take it down without reviewing the video by unlisting it and giving you a notice. If they want monetization YouTube will instantly give it. In both cases the creator is then given a chance to either appeal, or edit the video to remove the offending content if possible, or they can delete their own video. Though if it's something like the GTA VI leaks you might not get the chance to appeal, though that would make sense.

But even if I appeal and prove they're lying, the copyright holder doesn't have to respond for 30 days. If they want the monetization, in the first 30 days my video gets more than 90% of its lifetime views and they get the money. Even if YouTube takes my side (very rare) the copyright holder still gets to keep the money and I basically have to go F myself. That's how broken this shit is. It's rigged against creators. There are literally companies that are created just to make false copyright claims and pocket the money because of how easy it is. Even if they get caught and YouTube bans them from the platform they just register a new business and bank account. That only takes about 10-15 minutes in Canada and it only costs $60. Then they just go right back to doing the same shit.

So, again, the tldr is that YouTube does not fight for fair use nor do they fight false copyright claims. It doesn't matter if you're right. It doesn't matter if the copyright holder is lying and you prove it. As a creator unfortunately you get no support and no one will fight for your legal rights. The system is rigged against you. If you think YouTube, Twitch, FB Gaming, etc., will ever fight for you or your content then you are mistaken.

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GoodGuy09158d ago

They had it with the one being sued so now they're going after everyone lol.

SullysCigar158d ago

They can be pissy, for sure, but if this observation is being made in relation to the Bowser case, that's not fair. He made money from their product and they've nailed him to the wall. That's how you show others it's not a good idea.

ZeekQuattro158d ago

IGN Japan is on the list now. They showcased things in its preview of TOTK with content not seen anywhere else. Thanks in part because they showed multiple gameplay elements Nintendo said were off limits. 🤣

Profchaos158d ago (Edited 158d ago )

There's so many things to touch in here and not all Nintendo lawsuits or copyright strikes are in the right things like takedowns of fan made art is clearly misguided and wrong but takedowns of switch ROMs from the internet is fine it's still a console that's being used however takedowns of nes roms gets a little dicey sure they may re release Mario 1 through 3 and Metroid or Zelda every few years but there's hundreds of games that are not that and no longer owned by a publisher that's still active which should not be taken down as it's abandoned but Nintendo did basically wipe the easy to reach rom sites of Nintendo content. It's still fairly accessible though if you look below surface level.

I've also seen rom sites remove all Nintendo first party IP from the roms and Nintendo leaves that be it's clear it's more a protection of first party

shinoff2183158d ago

Hell I'd put money on that there are nes games out there that no one knows who even owns the ip.

luckytrouble158d ago

There are absolutely games out there that no longer have an in business rights holder. Companies have disappeared over the years, and many an IP has entered limbo where basically rights just need to expire before anything can be legally done with a given property going forward. It's one reason retro game preservation is such a sore spot, since without ROMs and piracy, many of these games would have been lost to time long ago. Heck, Nintendo has already introduced that issue in a modern fashion with the closing of the Wii, Wii U, and 3DS eShops that all had their share of digital only titles that may no longer have an existing company that can even port them anywhere else, leaving more games in a limbo where they are no longer legally accessible.

luckytrouble158d ago

Nintendo is a mixed bag. It's undeniable they are anti-consumer as all hell. If you think otherwise, you are maybe a little too blissfully ignorant when it comes to knowing where your money is going. That said, they are also first and foremost a Japanese company, and although their egregious volume of recent YouTube takedowns is definitely absurd, fair use doesn't really exist in Japan either so they can basically take down any content for any reason any time on the grounds of copyright enforcement, no matter how arbitrary or misguided by western standards. Heck, it can even contradict their provided content sharing standards because those standards are not actually a legal agreement. Your legal agreements are all in the ToS you agreed to when you opted to play a given game.

When it comes to the Doug Bowser 10 million dollar fine, yes that's an absurd sum, but that's the point of it. They made the man into an example for better or for worse, and courts often like to accommodate companies following this path. Although the sum is so far removed from actual damages incurred beyond a doubt, you can more blame scummy company culture than Nintendo directly.

So does everything suck? Yes. Are copyright strikes on YouTube for innocent properly derivative content sharing absurd? Beyond a doubt. Is Nintendo guilty of many acts especially in the space of retro game preservation that you are more than justified in hating them for? Absolutely. But are the basics of their recent actions ultimately justified? For better or for worse, yes.

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Behind The Dangerous Stunts Of Nintendo’s Iconic Mario Commercials

Two married costume designers share stories from a decade of traveling the globe with Nintendo.

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54d ago

Bowser Is Canonically 34 Years Old

In a YouTube video showing Nintendo Switch owners how to create a Nintendo Account, Nintendo of America revealed that Bowser is canonically 34 years old.

jznrpg116d ago

I saw Bowser when I was a kid and now I’m older than him , sigh.

Brazz115d ago

Wow, i'm as old as Bowser!!

Stanjara115d ago (Edited 115d ago )

He looks 55 to me.

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Nintendo Is A Bad Company, But We Can't Help Loving Them Anyway

TG: “Most of us also grew up with Nintendo, likely forming a nostalgic connection with games that have long been crowned as our personal favourites. The Legend of Zelda: Wind Waker was an experience that shaped my view on open world fantasy, and Super Mario 64 changed my life like it did for millions of others. These titles have earned their place in history, and remain loved to this day for so many worthwhile reasons. We replay them and beg for remasters all while delving into their worlds time and time again because they mean that much to us. It’s a shame then that the company behind them often kicks its own sweet darlings to the curb.”

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