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Topic: Your thoughts on the Nintendo Affiliate Program?

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iKhan

This is kind of old news, but Nintendo is working on a YouTube affiliate program.

http://www.ign.com/articles/2014/05/28/nintendo-announces-aff...

What is everyone's thoughts on this?


If you ask me, we don't know enough about it to start crucifying Nintendo like everyone is doing. Maybe Nintendo gets really good deals on ad revenue, so YouTubers don't make less money than they do right now. Maybe Nintendo will grant special permission to existing partners like Maker such that their users can also use Nintendo content. Maybe Nintendo actually butts heads with Maker, and Disney sues, clearing up the murkey territory of what LPs really are. This could be a completely beneficial thing to Youtubers, we don't really know.

Currently Playing: Steamworld Heist, The Legend of Zelda: Majora's Mask, Tales of Graces F

LzWinky

Nintendo has every legal right to do this. Let's plays are profiting off their works without their permission...until now!

Current games: Everything on Switch

Switch Friend Code: SW-5075-7879-0008 | My Nintendo: LzWinky | Nintendo Network ID: LzWinky

iKhan

Unca_Lz wrote:

Nintendo has every legal right to do this. Let's plays are profiting off their works without their permission...until now!

It's in a the legally gray area of fair use. There is a legitimate argument that Let's Plays are fair use

Currently Playing: Steamworld Heist, The Legend of Zelda: Majora's Mask, Tales of Graces F

LzWinky

Profiting from other's works without permission is NOT fair use. Fair use mostly applies to uses that don't involve any sort of income.

Parody is one exception to this, but Let's Plays are clearly using trademarks and copyrights without parody

Edited on by LzWinky

Current games: Everything on Switch

Switch Friend Code: SW-5075-7879-0008 | My Nintendo: LzWinky | Nintendo Network ID: LzWinky

iKhan

Unca_Lz wrote:

Profiting from other's works without permission is NOT fair use. Fair use mostly applies to uses that don't involve any sort of income.

Parody is one exception to this, but Let's Plays are clearly using trademarks and copyrights without parody

Reviews too. Maybe Fair Use wasn't the right term though, I don't really know. The argument for LPs is that each individuals play is unique. It is their commentary, and their play session. The fact that people like different LPers is proof that these depend on the content creator.

Now posting cutscenes is a different story. That is entirely the work of the game developer, and unless the LPer is commenting during such cutscenes, there is no question that they are infringing. It would make a lot of sense if someone LPing Heavy Rain got a copyright strike.

Currently Playing: Steamworld Heist, The Legend of Zelda: Majora's Mask, Tales of Graces F

Action51

I'd like to know what the actual details of this Youtube affiliate program are before the masses of people who generally know nothing about law, copyright, and finance start attacking Nintendo over a program they haven't started and have no details about.

The reaction is exactly what you expect from the internet regarding Nintendo and steeped in assumptions and reactionary fear.

People like Rich from ReviewTechUSA have taken a much more calm and rational approach saying this could actually be a great thing because it will protect let's players and others from being suddenly taken down in the future and he makes a great point about how just a straight play-through is not necessarily a trans-formative work (and it's certainly not a review or critique) ...so technically there are copyright issues. Certainly if the Youtuber does a narrative and provides commentary, there is a case for that...but just recording yourself beating a game?

Anyway, I can't personally imaging watching a "let's play" for a game, because I'd rather...play a game? I also think we should wait for at least the most basic of details before we jump all over Nintendo as the devil.

Action51

iKhan

Action51 wrote:

I'd like to know what the actual details of this Youtube affiliate program are before the masses of people who generally know nothing about law, copyright, and finance start attacking Nintendo over a program they haven't started and have no details about.

The reaction is exactly what you expect from the internet regarding Nintendo and steeped in assumptions and reactionary fear.

People like Rich from ReviewTechUSA have taken a much more calm and rational approach saying this could actually be a great thing because it will protect let's players and others from being suddenly taken down in the future and he makes a great point about how just a straight play-through is not necessarily a trans-formative work (and it's certainly not a review or critique) ...so technically there are copyright issues. Certainly if the Youtuber does a narrative and provides commentary, there is a case for that...but just recording yourself beating a game?

Anyway, I can't personally imaging watching a "let's play" for a game, because I'd rather...play a game? I also think we should wait for at least the most basic of details before we jump all over Nintendo as the devil.

I usually watch LPs of games I've either beaten or games that I don't have the time or interest in playing. For example I watched Chuggaaconroy's XD: Gale of Darkness LP, because I really don't have the interest in playing it myself.

Currently Playing: Steamworld Heist, The Legend of Zelda: Majora's Mask, Tales of Graces F

Socar

I don't see how this can hurt a lot of youtubers because if you look at youtube now, its getting incredibly worse because of the content thing being there. A lot of people are slowly leaving youtube and doing their own channel instead like Normal Boots.

@Unca_Lz Put it this way. If you were to play a song of say Piano Man and if you put it on You tube, its up to Billy if he wants to sue you for letting him use your song without his permission. Or we can take those various remixes of popular video game themes and say that its not that legal because they made those remixes and they didn't pitch the exact score like how it was in the original and in that case, they should get profit out of it. I guess a lot of people are complaining about this because it feels like music where you can't really do anything about it.

But if you are putting the exact content and making profit out of it, then yes it is illegal. It doesn't matter how old the game is whether NES or GCN, if you post a link to download the game through "magical" methods, then it is illegal. However, I don't know if I can say the same for posting let's plays.

Edited on by Socar

After so long...I'm back. Don't ask why

Nintendo Network ID: ArtwarkSwark | Twitter:

LzWinky

Artwark wrote:

I don't see how this can hurt a lot of youtubers because if you look at youtube now, its getting incredibly worse because of the content thing being there. A lot of people are slowly leaving youtube and doing their own channel instead like Normal Boots.

I could also make the argument that Nintendo doesn't really need these LPers. There are quite a few sites that already get games early and they play them early, so why are Let's Plays needed? I can see them being useful for smaller developers though

Current games: Everything on Switch

Switch Friend Code: SW-5075-7879-0008 | My Nintendo: LzWinky | Nintendo Network ID: LzWinky

Socar

Unca_Lz wrote:

Artwark wrote:

I don't see how this can hurt a lot of youtubers because if you look at youtube now, its getting incredibly worse because of the content thing being there. A lot of people are slowly leaving youtube and doing their own channel instead like Normal Boots.

I could also make the argument that Nintendo doesn't really need these LPers. There are quite a few sites that already get games early and they play them early, so why are Let's Plays needed? I can see them being useful for smaller developers though

They are needed because to act as a source of a guide. So if you can't get the problem through words, then you'd need to see it so you can solve the problem. I know this has happened to me a lot of times actually.

After so long...I'm back. Don't ask why

Nintendo Network ID: ArtwarkSwark | Twitter:

iKhan

Artwark wrote:

Unca_Lz wrote:

Artwark wrote:

I don't see how this can hurt a lot of youtubers because if you look at youtube now, its getting incredibly worse because of the content thing being there. A lot of people are slowly leaving youtube and doing their own channel instead like Normal Boots.

I could also make the argument that Nintendo doesn't really need these LPers. There are quite a few sites that already get games early and they play them early, so why are Let's Plays needed? I can see them being useful for smaller developers though

They are needed because to act as a source of a guide. So if you can't get the problem through words, then you'd need to see it so you can solve the problem. I know this has happened to me a lot of times actually.

Yeah this, a world without LPs is not one I want to be in. What if I leave a game for months and forget the plot details? What if I'm stuck and I don't understand the text.

Currently Playing: Steamworld Heist, The Legend of Zelda: Majora's Mask, Tales of Graces F

kkslider5552000

Unca_Lz wrote:

Artwark wrote:

I don't see how this can hurt a lot of youtubers because if you look at youtube now, its getting incredibly worse because of the content thing being there. A lot of people are slowly leaving youtube and doing their own channel instead like Normal Boots.

I could also make the argument that Nintendo doesn't really need these LPers.

considering how Youtube has no idea the difference between LPs and other videos, plus the absurd amount of coverage some games get specifically because of LPs...

Like a lot of people seem to assume that Youtube and copyright...works. It...doesn't. Many official channels have gotten automatic copyright claims for the content they legally own, so trusting Youtube in the first place is probably a terrible idea.

of course, not that this matters, because Nintendo is not gonna touch the larger channels again after what happened last time. Optimistically, I'd like to see this as a way for Nintendo to in some way promote smaller channels in exchange for that revenue.

Non-binary, demiguy, making LPs, still alive

Megaman Legends 2 Let's Play!:
LeT's PlAy MEGAMAN LEGENDS 2 < Link to LP

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