Nintendo being anti-consumer again, Deletes all MAPS/STARS/MEDALS of Popular Speed Runner:

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deactivated-57ad0e5285d73

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#51  Edited By deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts

@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.

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93BlackHawk93

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#52  Edited By 93BlackHawk93
Member since 2010 • 8611 Posts

@Articuno76 said:
@Heirren said:

@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.

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#53 Wiiboxstation
Member since 2014 • 1753 Posts

@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.

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Seabas989

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#54 Seabas989
Member since 2009 • 13567 Posts

Seems strange. I think Nintendo should made some sort of public statement on why peoples levels are being deleted because the PR ain't looking good.

As for the debate on youtubers, I really don't give a damn one way or the other.

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#55  Edited By deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts

@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.

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#56 deactivated-583e460ca986b
Member since 2004 • 7240 Posts

@wiiboxstation said:

@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.

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#57 deactivated-583e460ca986b
Member since 2004 • 7240 Posts

@Articuno76 said:
@wiiboxstation said:

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?

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#58 aigis
Member since 2015 • 7355 Posts

@wiiboxstation said:

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.

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#59 aigis
Member since 2015 • 7355 Posts

@Heirren said:

@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:

  1. If someone played a trailer without consent, that isnt fair use
  2. If Disney did want their trailer put somewhere they are paying the theatre, so they have a say on where it goes
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#60 aigis
Member since 2015 • 7355 Posts

@GoldenElementXL said:
@wiiboxstation said:

@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

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iandizion713

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#61 iandizion713
Member since 2005 • 16025 Posts

@aigis: What about all the games that get exposure and dont have success?

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#62 aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@aigis: What about all the games that get exposure and dont have success?

example pls

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#63 iandizion713
Member since 2005 • 16025 Posts

@aigis: Street Fighter 5.

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#64  Edited By aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@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

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#65  Edited By iandizion713
Member since 2005 • 16025 Posts

@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?

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#66 deactivated-5d6bb9cb2ee20
Member since 2006 • 82724 Posts

Yup, this is pretty much bullshit. No clue why they would be sabotaging their own community that way, either.

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#67 aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@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

  1. Content is added
  2. The community is still interested (So streamers are still playing it)
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#68  Edited By iandizion713
Member since 2005 • 16025 Posts

@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 :(

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#69 aigis
Member since 2015 • 7355 Posts

@iandizion713: lol be sarcastic all you want, but im right. Its all about good games with promotion. I never said they wouldnt sell without streamers, but you have to be dull or stubborn to think they dont help in a big way

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#70  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#71 aigis
Member since 2015 • 7355 Posts

@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

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#72  Edited By deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts

@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.

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#73 aigis
Member since 2015 • 7355 Posts

@Heirren: Why dont they sue then, answer me that question

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#74  Edited By iandizion713
Member since 2005 • 16025 Posts

@aigis said:

@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.

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#75 aigis
Member since 2015 • 7355 Posts

@iandizion713 said:
@aigis said:

@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

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#76 aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@aigis: Nintendo has a whole program dedicated to users advertising for Nintendo.

You mean so Nintendo can control people? Than ya. You sing the praises of Nintendo advertisement, but they bombed with the wii u

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#77  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#78 aigis
Member since 2015 • 7355 Posts

@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?

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#79 deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts

@aigis:

Sue over what? The Nintendo Creator program was very clearly a means to avoid that.

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#80  Edited By aigis
Member since 2015 • 7355 Posts

@Heirren: Sue the people who dont use it then, why not? its their ip after all. The creators program is a scam anyways

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#81  Edited By iandizion713
Member since 2005 • 16025 Posts

@aigis said:

@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.

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#82  Edited By aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

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

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#83  Edited By iandizion713
Member since 2005 • 16025 Posts

@aigis: Like what? Nintendo cant pull fair use, when have they ever?

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#84 deactivated-57ad0e5285d73
Member since 2009 • 21398 Posts

@aigis:

I don't run the company. Perhaps they feel a Nintendo vs google/YouTube headline is not worth it. Hence, the creators program.

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#85  Edited By 93BlackHawk93
Member since 2010 • 8611 Posts

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.

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#86 no-scope-AK47
Member since 2012 • 3755 Posts

Companies are paying people to promote their products on social media but only nintendo run by old farts would shut down free marketing lmfao.

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#87  Edited By aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@aigis: Like what? Nintendo cant pull fair use, when have they ever?

No, a video that is protected under fair use is claimed by Nintendo using youtube's copyright system

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#88 aigis
Member since 2015 • 7355 Posts

@Heirren said:

@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

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#89  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#90 deactivated-57ad0e5285d73
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@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.

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#91 aigis
Member since 2015 • 7355 Posts

@Heirren: Have you read what I've written, I'm totally in agreement with putting a legal foot down, but Nintendo goes over the line. They use bully and intimidation tactics while abusing youtubes broken copyright system

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#92  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#93  Edited By aigis
Member since 2015 • 7355 Posts
@iandizion713 said:

@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

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#94 aigis
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@iandizion713 said:

@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

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#95  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#96  Edited By aigis
Member since 2015 • 7355 Posts

@iandizion713 said:

@aigis: Angry Joes case is not protected by fair use.

yes it is, 100% fair use

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#97  Edited By iandizion713
Member since 2005 • 16025 Posts

@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.

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#99 deactivated-5d6bb9cb2ee20
Member since 2006 • 82724 Posts

@FreedomFreeLife said:
@GoldenElementXL said:

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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#100 aigis
Member since 2015 • 7355 Posts

@iandizion713: Heres an article I found on the topic