102 replies to this topic

[Nimono]

I think that nintendo does this while it does not show them from a nice perspective shows that nintendo is healthy company grabbing money wherever they can according to current laws. I still share the opinion of NoeL in that nintendo does not have the right to make money off those people.

Are they...actually taking their money? I really don't know how this stuff works.

[Shoelace]

As a fellow Youtuber, I want to give my two cents in.   I understand why Nintendo is doing this. Nintendo is a business.  Getting Ad revenue from their games well make them a couple million of dollars a year.  Millon's of dollars of other people making content and us doing nothing, I think yes.  Nintendo is company first and foremost.  Contrary to popular belief, their number one focus is not the fans, it is the dollar bill.  So this is great for them. 

 

My problem with it.  Youtube's system sucks and it is unfair to LP's or people that make parody's, i.e. myself.  The Fair Use is very interesting, because it has never went to court with a LPer or anything yet.  So people are not sure how to label Fair Use under a video game.  Movies for example, you cannot have a movie and you commentary the work because you are showing the entire movie unaltered.  Video games are different because, every gamer plays it differently (So it is never the same twice).  It is always a different playthrough, which makes it an interesting case.  Now, for those that say, we shouldn't get paid for what we do, think of Movie Reviews.  They show clips, they review good or bad and yes they still get paid.  Otherwise they wouldn't be around.  Most LPers do this (as long as they have some insight/educational/parodish value to it) and that is what I try to do.

 

However, like I said Youtube's system sucks.  I have had videos that are top ten videos which I can't get ads on, I also have parady's that I can't do it, I even got my Hero of Dreams video deleted from my account.  And it is because of their automatic system.  Their claim thing sucks because I try to respond and I can't get a human being.  If there was a way to get ads where both Nintendo and the creator benifit, it would be awesome.  However, we have deal with this.

[Rambly]

Are they...actually taking their money? I really don't know how this stuff works.

Shut up and take my money, Nintendo! Haha. Ha. Now they actually are doing that without any way to fight it! It's funny because it's true! Or whatever! Haha... ha... ehhh.

I'm sorry.

[Avaro]

Nintendo does YT videos now?

 

EDIT: oh, they already had a channel. Sorry I misunderstood this.

Edited by Avataro, 19 May 2013 - 02:19 PM.

[Sheik]

Are they...actually taking their money? I really don't know how this stuff works.

They get money from companies that attach ads to videos showing off their content. They do not get money from the LPers, but they get money for the videos LPers made if these videos show off 10 or more minutes of copyrighted Nintendo video game material recorded (because these can have ads attached to them that Nintendo can charge money from the comanies for).

Edited by Sheik, 19 May 2013 - 02:52 PM.

[Nicholas Steel]

think of Movie Reviews.  They show clips, they review good or bad and yes they still get paid.  Otherwise they wouldn't be around.  Most LPers do this (as long as they have some insight/educational/parodish value to it) and that is what I try to do.

Professional movie reviewers tend to not show the entire movie and instead display small segments of it alongside commentary. Let's Play'ers tend to show the majority of or all of what a game has to offer depending on if they play thruogh the game with 100% completed or not.

[Koh]

Professional movie reviewers tend to not show the entire movie and instead display small segments of it alongside commentary. Let's Play'ers tend to show the majority of or all of what a game has to offer depending on if they play thruogh the game with 100% completed or not.

And this is why it's such a copyright issue.  You're broadcasting the majority of the contents of a product you didn't make to the world, and to top it off, are trying to make money from it (for those who monetize) which makes it illegal.  Even if every LP is done differently, the contents of the game remains a constant variable, henceforth this issue.

[Koh]

Just thought I'd post this.

 

 

He raises valid points.  I still think that, although the ideal solution would be to have a 50/50 split, money shouldn't be made from doing a full run of the game.  If you're just doing reviews and use clips from the game to raise points, then whatever, but as full on LPs, you're still broadcasting the majority of the contents of something people would otherwise have to pay to see for themselves.

Edited by Koh, 21 May 2013 - 09:16 PM.

[NoeL]

you're still broadcasting the majority of the contents of something people would otherwise have to pay to see for themselves.

See =/= play. There are very few people that will sit through a LP then say "Yay, now I don't have to play the game!" (unless the game is extremely linear and unchallenging). This is why displaying the content of a game is fundamentally different to displaying the content of passive media, like movies/songs/books, and why comparisons between the two aren't valid.

 

From a legal standpoint Nintendo have the right to take their cut of the ad revenue, but from a legal standpoint the Westboro Baptist Church have the right to protest at war veteran funerals. Having the right and exercising the right are two very different things, and people shouldn't forgive or excuse actions simply because they had the "right" to do so. Nintendo are being dicks, and their actions will probably end up losing them money through a combination of less free advertising and less respect from their consumers.

[Sheik]

Okay, now we have had it all here. Koh, legislation, politics, moral, ethics, Hitler, semantics and Westboro Baptist Church. Who's in for gay marriage? Priceless. Best thread 2013, easily. (Edit: I am not complaining by any means, though!)

Edited by Sheik, 23 May 2013 - 06:47 AM.

[Koh]

See =/= play. There are very few people that will sit through a LP then say "Yay, now I don't have to play the game!" (unless the game is extremely linear and unchallenging). This is why displaying the content of a game is fundamentally different to displaying the content of passive media, like movies/songs/books, and why comparisons between the two aren't valid.

 

From a legal standpoint Nintendo have the right to take their cut of the ad revenue, but from a legal standpoint the Westboro Baptist Church have the right to protest at war veteran funerals. Having the right and exercising the right are two very different things, and people shouldn't forgive or excuse actions simply because they had the "right" to do so. Nintendo are being dicks, and their actions will probably end up losing them money through a combination of less free advertising and less respect from their consumers.

In the case of the first section, seeing isn't playing, but it DOES play a major part in the experience.  If you see the whole game all the way through, you've seen all the characters, all the story, all the dungeons, etc.  There are many people who don't watch LPs specifically because of stuff like that; it's all spoilers and they'd rather find out for themselves.  LPs can serve as a make or break deal.  Just because people are being exposed to the existence of the game through LPs doesn't mean they ever intended or are swayed at all to buy the game in the first place, and as a result there is no net effect there except for them gaining the knowledge of (almost) all the contents of the game, which they would have had to have PAID to see.  That's the major reason LPs shouldn't be monetized in the first place, because even if it pales in comparison to the price of the game or whatever, that's still money lost by Nintendo that would normally have went towards getting the game in the first place for the person to actually see the whole game for themselves, rather than through an LP.  So ultimately, there is no "free advertising," because it's paid for by what would have normally been a part of Nintendo's sales.

 

They may lose respect from their customers, but that's not going to stop them from buying the games.  EA's respect level is probably down on the ground, yet they're still making a ton of money.  As long as the games are interesting and entertaining, people WILL buy them regardless of how great the company's reputation is (again EA, Square Enix, Sega).  I personally feel like the monetizing LPers got off way too easy; at least you're still able to KEEP your videos.  Many other companies like Microsoft and Square Enix would have just taken them down entirely.  Nintendo PR obviously decided that'd cause more trouble than it's worth, and decided to take it out a little easier.

 

EDIT:  Let's take it even further.  LPers have every right to sue.  And they totally could if they wanted to.  In the end however, the legal fees would outweigh whatever they earn from monetizing.  In addition, they'd likely lose anyway, and probably get LPs banned, which wouldn't necessarily be a bad thing IMO.  Nintendo could also sue, but they've probably already figured it isn't worth all the legal fees as well.

Edited by Koh, 23 May 2013 - 07:41 AM.

[Shane]

This thread + Me =

 

YouTube isn't Wikileaks, Koh. Let's Players aren't leaking Nintendo games.

[Koh]

This thread + Me =

 

YouTube isn't Wikileaks, Koh. Let's Players aren't leaking Nintendo games.

How is showing anyone and everyone around the world the entire contents of a game they'd have to pay to see, visually from the game playing, and with audio through motion video, not leaking?

Edited by Koh, 23 May 2013 - 08:03 AM.

[Shane]

How is showing anyone and everyone around the world the entire contents of a game they'd have to pay for, visually and with audio through motion video, not leaking?

Because they're not doing behind Nintendo's back. Nintendo perfectly knew most likely and just let the LP craze spread and suddenly just stepped in and stabbed them all from behind. How Nintendo handled the situation was poor and my respect for them is almost to none.

Edited by Shane, 23 May 2013 - 08:03 AM.

[Koh]

Because they're not doing behind Nintendo's back. Nintendo perfectly knew most likely and just let the LP craze spread and suddenly just stepped in and stabbed them all from behind. How Nintendo handled the situation was poor and my respect for them is almost to none.

They're making money off of them behind Nintendo's back, oh yes.  Pretty brave of them to do that, despite knowing what could happen to them, once the company finds out.  Nintendo found out, and decided to be lenient about it.  Nothing to lose respect over.

Edited by Koh, 23 May 2013 - 08:06 AM.