Copywright Infringment with gaming walkthroughs

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Xorital

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#1 Xorital
Member since 2005 • 926 Posts

What is your stance on this? One of my friends is a fan of someone named darksydephil on youtube and recently his channel was closed down and lost all 7000 videos. He was of course a walkthrough/reveiwer and etc he did quite a few things on his channel from what I heard.

She sent me a video in hopes to spread it I guess, of him talking about legality and claims on the subject so heres the video.

http://www.youtube.com/watch?v=p88IKnbI4Bc&playnext_from=TL&videos=eXBEClX2psg&feature=sub

Gaming walkthroughs, legal or not?

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dave123321

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#2 dave123321
Member since 2003 • 35554 Posts
Your link is to some sort of moderation item.
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Jing16

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#3 Jing16
Member since 2006 • 14363 Posts

The remixes people of his stuff are awesome as hell.

http://www.youtube.com/watch?v=TCub46w--cM

http://www.youtube.com/watch?v=lYj0Hmpg4b8

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Xorital

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#5 Xorital
Member since 2005 • 926 Posts

Your link is to some sort of moderation item.dave123321

my bad, I kept switching my copy/past item alot today

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markop2003

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#6 markop2003
Member since 2005 • 29917 Posts
Read this: http://www.copyright.gov/fls/fl102.html It should come under fair use for games though if it was a movie commentry it obviously wouldn't as the nature of the original media is interactive and the viewer cannot interact through the video.
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XilePrincess

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#7 XilePrincess
Member since 2008 • 13130 Posts
Here's what I found when I looked up the fair use law "Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use." Teaching and research would be 100% if it was walkthrough videos. he shouldn't have had his channel closed down.
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dave123321

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#8 dave123321
Member since 2003 • 35554 Posts
It does seem to fall under fair use.
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Xorital

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#9 Xorital
Member since 2005 • 926 Posts

now if its under fair use, what exacly gives youtube the right to take the videos down?

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MushroomWig

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#10 MushroomWig
Member since 2009 • 11625 Posts

If there is such a thing as video game copyright infringment then why do some games feature a 'Straight to Youtube' record feature?

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muthsera666

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#11 muthsera666
Member since 2005 • 13271 Posts
now if its under fair use, what exacly gives youtube the right to take the videos down?Xorital
I would infer that YouTube was under corporate pressure, moreso than acting on their own.
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Xorital

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#12 Xorital
Member since 2005 • 926 Posts

[QUOTE="Xorital"]now if its under fair use, what exacly gives youtube the right to take the videos down?muthsera666
I would infer that YouTube was under corporate pressure, moreso than acting on their own.

If it isnt aginst the law I wonder what youtube has to worry about exacly.

Right now i'm trying to remain on neautral grounds

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weezyfb

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#13 weezyfb
Member since 2009 • 14703 Posts
sure they are legal
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muthsera666

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#14 muthsera666
Member since 2005 • 13271 Posts

[QUOTE="muthsera666"][QUOTE="Xorital"]now if its under fair use, what exacly gives youtube the right to take the videos down?Xorital
I would infer that YouTube was under corporate pressure, moreso than acting on their own.

If it isnt aginst the law I wonder what youtube has to worry about exacly.

Big companies can throw around a lot of weight, even if someone isn't breaking the law.

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MushroomWig

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#15 MushroomWig
Member since 2009 • 11625 Posts

Surely it's different with video games though, I can understand the problem with people uploading movies onto Youtube because you can't PLAY a movie, regardless if you watch a walkthrough for a game, it still doesn't give you the complete experience, it still makes people want to actually play it.

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QuistisTrepe_

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#16 QuistisTrepe_
Member since 2010 • 4121 Posts

That's textbook Fair Use in terms of concept. Your friend's reviewer or whatever ought to file a counterclaim. I can't stand DMCA trolls, screw them all. That's just the problem with You Tube, they bend over so easily from a DMCA takedown notice. Even when Fair Use is blindingly obvious.

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MushroomWig

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#17 MushroomWig
Member since 2009 • 11625 Posts

What's even more confusing is that there are Youtube members that have become partners because of their walkthrough videos.

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htekemerald

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#18 htekemerald
Member since 2004 • 7325 Posts

Under the diminishing fair use rules they are. Unfortunately what is fair to the consumer has been forgotten with new copywrite legislation. Give it a few years and I am sure we will start to see companies pushing for this to be declared illegal.

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Xorital

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#19 Xorital
Member since 2005 • 926 Posts

with the issue comming up more and more i'm sure some kind of legal action will eventualy be taken and the matter will eventualy be settled.

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gohan2710

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#20 gohan2710
Member since 2005 • 4315 Posts

There were only a few companies that complained about his playthroughts if im not mistaken, i think it was Activision, Ubisoft and another one i seem to have forgotten. Now, the question reminds if its legal? Im quiet sure it is, seeing as you:

1) pay for the content in the disc, so its legally yours

2)you are no in way distributing their content

Now im sure these companies have a loop hole of some sort, and i think google has had enough complains regarding the acusations of copy right infrigement so they dont feel like actually defending their users and just shut down a certain channel if a company threatens to take legal action . Though imo, i think those companies mentioned above are just being jackasses over something to harmless.

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blackngold29

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#21 blackngold29
Member since 2004 • 14137 Posts
Yes, I would say that's fair use. Having not seen the videos, so I mean he could've been taking advantage of that, but I doubt it from what I'm reading and hearing here. I could see the video game companies getting mad, but honestly I doubt they would too much because this guy is giving them a free gigantic commercial for their game. If it YouTube themselves taking the video down, that's pretty ridiculous because nobody takes more advantage of Fair Use than Google and Google Books.
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wurd

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#22 wurd
Member since 2003 • 634 Posts
As much as I despise the copyright laws I feel they're right in this case. The law says it's legal to use these videos when reviewing them and not showing the WHOLE game. This isn't fair use. If it were you would see whole movies on the internet with live commentary on from reviewers.. yeh that's why it's illegal.
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Xorital

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#23 Xorital
Member since 2005 • 926 Posts

As much as I despise the copyright laws I feel they're right in this case. The law says it's legal to use these videos when reviewing them and not showing the WHOLE game. This isn't fair use. If it were you would see whole movies on the internet with live commentary on from reviewers.. yeh that's why it's illegal.wurd

He isnt making any money off these walkthroughs, he uses his videos for comedy, reveiw and adds his own honest commentary about the game while playing which falls under reveiw I guess. There is no law that states a reveiw cant be of the entire game as an experiance.

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Atheists_Pwn

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#24 Atheists_Pwn
Member since 2010 • 1610 Posts
that sucks for DSP But im pretty sure the DMCA was just lag.
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KungfuKitten

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#25 KungfuKitten
Member since 2006 • 27389 Posts

We don't make the rules, the rules make us. All worship the rules of the few. So that they may taunt us and strip us naked as they please.

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Jd1680a

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#26 Jd1680a
Member since 2005 • 5960 Posts
Walkthroughs are under fair use law of the United States, anyone person have a legal reason to sue a publisher who had the videos removed. Also some of these publishers have made book deals for their games, so they have an interest of keeping these walkthroughs off the internet to make more money. Still they are breaking the law of fair use and freedom of speech and expression.
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Ontain

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#27 Ontain
Member since 2005 • 25501 Posts
should be fair use since it's for teaching. it's not like you're actually playing the game.
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JustPlainLucas

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#28 JustPlainLucas
Member since 2002 • 80441 Posts
[QUOTE="XilePrincess"]Here's what I found when I looked up the fair use law "Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use." Teaching and research would be 100% if it was walkthrough videos. he shouldn't have had his channel closed down.

Yeah, this sums it up pretty well. I can't believe that person's channel was shut down.. :?