@Articuno76:
They do have that control.
They have the control as to what kind of show their image is being broadcast on--tye language use, the way other content is portrayed on the show, etc.
Fair use goes both ways.
@Articuno76:
They do have that control.
They have the control as to what kind of show their image is being broadcast on--tye language use, the way other content is portrayed on the show, etc.
Fair use goes both ways.
@aigis:
Again, read about intellectual properties and trademarks. Nintendo's brand IS the company. Letting things run wild and not putting a foot down can run the risk of losing such. This is why they do it.
No company has the right to control their image to that extent. They can use marketing, advertising or PR campaigns or build clauses into agreements for licensing their IP (this would be like the cinema example where previews/films are lent out with certain stipulations) etc; But stretching into the content creation of other people is an ethically black area. If the streamer is buying their own games then they have the right to make content about it and Nintendo isn't owed a penny because that wasn't part of the deal.
If Nintendo want a cut then they have to answer 'why'? Why on Earth are they seeing money? It makes no sense. Nintendo didn't subsidise the purchase or offer anything in exchange. Nor do they offer competing products that would be threatened by the stream (in fact they CAN'T offer a competing product because the whole point of internet criticism is that it ISN'T from the marketing body).
Nintendo is yet another in a long line of companies that seem to think they have the right to control everything about their product after it has been purchased. If they had it their way every game disc would explode after a set amount of time forcing you to buy the game again.
The whole 'people won't play it because they saw it' argument is flawed because i. Nintendo don't make story-focused games for the most part ii. People play games to actually play them, not watch other people play them. These aren't movies/music we are talking about where broadcasting the content is essentially piracy: you simply do not get the experience of the game from watching it.
And yes, fair use does exist without consent of the owner because consent isn't needed because the use is 'fair' (i.e. any attempt to shut down consent would be unreasonable in the first place and so no one need listen to it).
You keep saying companies have the right to control their image. But answer this: Why is it that no other company other than Nintendo does this? If it was a totally fair, reasonable position surely every company would be doing it? It's because it's not. It's an overreaching, draconian attempt to control their image beyond where they have any right to meddle. Nintendo is in a position to control its image all it wants: within the confines of its own autonomy, not that of others.
Spot on.
@Articuno76: So what if all devs ask for a piece of the money pie? Is fat Joe 2.0 going to get a real job? Or is he going to try and dictate terms with all of them.
Newsflash Nintendo have made millions without any of these guys with gaming channels. If the Nintendo's of the world don't make consoles or games people like Angry Joe would be no where in life.
@93BlackHawk93:
It isn't spot on. Nintendo creates all their assets in house. It is all trademarked. Mario's image, the sound of a jump or coin, etc. Letting people freely use this stuff, which also benefits their own income AND without any form of a licensing agreement? That runs the risk of losing trademarks down the line, especially so considering the whole digital "everything is free" YouTube bs.
@Articuno76: So what if all devs ask for a piece of the money pie? Is fat Joe 2.0 going to get a real job? Or is he going to try and dictate terms with all of them.
Newsflash Nintendo have made millions without any of these guys with gaming channels. If the Nintendo's of the world don't make consoles or games people like Angry Joe would be no where in life.
Thank you! Someone else gets it! I was beginning to think I was the only one.
lol what? Nintendo is the most successful gaming company ever. who is fat Joe 2.0 to dictate terms with them.
The creator of the content that Nintendo is attempting to monetise and (let's be honest) curate. Doesn't matter if its Nintendo or some indie developer: They have no leg to stand on butting into the monetisation and curation of other people's content.
Creator of the content?????? Nintendo IS the creator. A Youtuber talking over a video game isn't creating anything! Again, can I broadcast a Monday Night Football game with my own commentary? Does that make me a "creator" of any kind? No, my ass would get sued in a hot second. And Nintendo absolutely has a leg to stand on. It's their damn game! They paid for the production, their employees created the content. Why should someone else profit from these peoples work?
lol what? Nintendo is the most successful gaming company ever. who is fat Joe 2.0 to dictate terms with them.
Its Joe's audience, its like if the government went to a news station and said they can never say bad things about what the government is doing. The news is allowed to cover whatever and anyway they feel is in their audience best interest. If Nintendo wants to be a part of the show in a more hands on capacity (paying him) then they can dictate terms, but they are not associated with Joe at all, therefore they have no say.
@aigis:
Fair use. making money off of someone elses product. That isn't fair use without consent of the owner. The trademark and IP owners can do with what they see fit for the brand. You wont see Disney animated previews at films centered strictly at adults.
Fair use doesnt need consent of the owner, thats kinda why its fair use... Let me ask you this question though, if Nintendo is in the right side of the law, why dont they just sue for damages instead of abusing a copyright system. Its because they are not on the right side. They wouldnt win in a court so they do the next best thing which is steal money from channels through the copyright system.
And your analogy of Disney movies at adult screening doesnt hold water because:
@Articuno76: So what if all devs ask for a piece of the money pie? Is fat Joe 2.0 going to get a real job? Or is he going to try and dictate terms with all of them.
Newsflash Nintendo have made millions without any of these guys with gaming channels. If the Nintendo's of the world don't make consoles or games people like Angry Joe would be no where in life.
Thank you! Someone else gets it! I was beginning to think I was the only one.
You people make me shake my head. You have to understand how the internet works with advertising. Look at Minecraft or Five Nights at Freddy's, all huge successes because they had exposure. You would have to be blind or too stubborn to see that
@aigis: Street Fighter 5.
lololololololololololooolooololollolol, is that a joke?
There is exposure, but especially when places like gamespot call it lacking it can only go so far. The game still sold though, probably would have sold less if people hadnt been playing it
@aigis: Its still searching for success. Please do a Lets Play for it, help a brother out. Ill even pay you to do one. Pretty please?
Yup, this is pretty much bullshit. No clue why they would be sabotaging their own community that way, either.
@aigis: Its still searching for success. Please do a Lets Play for it, help a brother out. Ill even pay you to do one. Pretty please?
It will find success if two things happen
@aigis: Wrong, it will find success if my homeboy Angry Joe decides to help a brother out. Can i get some love Pewdiepie! Please save our games! No ones buying them :(
@aigis: True, and Nintendo has amazing promoters, look at the wonders they have done with selling Wii U games, etc. You think Nintendo cant advertise? Nintendo has a whole program dedicated to users advertising for Nintendo.
@aigis:
Making money off someone else's work with no legal agreement and/or potentially putting said work under a light which may not be deemed suitable by the owner is not fair use.
Part of the problem is the grey digital laws, Google, and YouTube. It isn't about damages, it's about protecting copyrights, trademarks, and ip.
@iandizion713: Too bad they didnt use them to sell wii u's. You want to know one of the reasons why the wii u failed? Its because they were too busy being copyright trolls
Wrong again, the reason Wii U didnt sell so good is cause consumers just werent interested in it. All the money in the world aint gonna change that fact. The world just doesnt work that way, you cant just pour money down a drain in hope magic might come out.
@iandizion713: Too bad they didnt use them to sell wii u's. You want to know one of the reasons why the wii u failed? Its because they were too busy being copyright trolls
Wrong again, the reason Wii U didnt sell so good is cause consumers just werent interested in it. All the money in the world aint gonna change that fact. The world just doesnt work that way, you cant just pour money down a drain in hope magic might happen.
I said one of the reasons, the poor design was the biggest, but I still hold they would have generated more interest if they hadnt been creating ill will with streamers
@aigis: Control people? You dont have to sign up, you also can still use Nintendo's content under fair use. So im not sure what the issue is. All i see is entitlement to the creators content if they cant follow the laws and Nintendos wishes.
@iandizion713: True you dont have to sign up but heres what happens
############## With Creators System #############
You have to say good things about Nintendo or else you are out
You have to have everything approved by Nintendo
You have to give half your pay to Nintendo
############## Without Creators System #############
Nintendo claims you videos
Takes your money from said video
restart the cycle
At least you get half money when they control you, right?
@iandizion713: True you dont have to sign up but heres what happens
############## With Creators System #############
You have to say good things about Nintendo or else you are out
You have to have everything approved by Nintendo
You have to give half your pay to Nintendo
############## Without Creators System #############
Nintendo claims you videos
Takes your money from said video
restart the cycle
At least you get half money when they control you, right?
Under "fair use", you can make money off Nintendo and they wont get a dime. You are protected by law. Now, anything that doesnt fall under fair use, its up to Nintendo to regulate and protect themselves. All companies do this.
Under "fair use", you can make money off Nintendo and they wont get a dime. You are protected by law. Now, anything that doesnt fall under fair use, its up to Nintendo to regulate and protect themselves. All companies do this.
For sure, but the things still covered by fair use are still claimed by Nintendo without consequences to them, but damage creators heavily
@aigis:
I don't run the company. Perhaps they feel a Nintendo vs google/YouTube headline is not worth it. Hence, the creators program.
With Nintendo being the only gaming company that does this shit and many games getting pretty significant support thanks to YouTube's feedback, they are indeed being stubborn and out of touch.
Chill with the apologism.
Companies are paying people to promote their products on social media but only nintendo run by old farts would shut down free marketing lmfao.
@aigis:
I don't run the company. Perhaps they feel a Nintendo vs google/YouTube headline is not worth it. Hence, the creators program.
Nope, the creators program is a way for Nintendo to intimidate streamers into talking good about Nintendo or else they wont be able to play any of their games. They dont care about a headline for suing when the headline for the creators system is a negative one too. The reason is they dont have legal grounds, the creators program is just a way to abuse creators
@aigis: I know, but i would need an example, ive never seen it happen. Nintendo rarely pulls creators content, and they only do so when it doesnt fall under protection from law. Nintendo is not above the law.
@aigis:
Did you not read a single thing I had said. It's Nintendo's responsibility to put a legal foot down in order to protect their IP, trademarks, and copyrights.
@aigis: You need facts though. Rumors of them bulling and removing fair use content wont help. And plenty of people who are under Nintendos Program do not say good things about Nintendo, some are even too harsh on Nintendo.
@aigis: I know, but i would need an example, ive never seen it happen. Nintendo rarely pulls creators content, and they only do so when it doesnt fall under protection from law. Nintendo is not above the law.
Its not 100% Nintendo's fault, Google needs to step in and fix their copyright system, but that doesnt mean Nintendo has to abuse it
@aigis: You need facts though. Rumors of them bulling and removing fair use content wont help. And plenty of people who are under Nintendos Porgram do not say good things about Nintendo, some are even too harsh on Nintendo.
Its not rumors though, its happening
@aigis: Angry Joes case is not protected by fair use. He violated the fair use law and was punished for it. He even knew the rules before he did it.
@aigis: Lets Plays are not protected under fair use. They expose the full original content of the creators. In order to do Lets Plays you have to use Nintendos Program.
I'm with Nintendo on this one. Why should people make money off of broadcasting Nintendo's games? And why should Nintendo worry about those people who don't buy games but watch them on YouTube and Twitch instead? Catering to people who don't buy games anyway is a bad business move.
This is the MOST STUPID THING I EVER READ. You want to put all people in jail when they share for example Blu-Ray movie. I buy movie, i invite 5 friends to watch this movie and you saying it's bad for business. Another stupid conservative who wants to do "CONSERVATIVE" thing by giving less freedom and do old fashioned. GO AWAY!!!!
Who the hell said anything about jail?
Learn to read.
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