Felix Lighter
Member
The more popular streamers receive a portion of the ad revenue so by these rules, those streamers would not be allowed to stream Halo 4.
-
Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.
Microsoft has updated their Game Content Usage Rules, you can't legally monetize Halo
- Thread starter CyReN
- Start date
The more popular streamers receive a portion of the ad revenue so by these rules, those streamers would not be allowed to stream Halo 4.
Like I said before, pro-gamers and popular streamers (through their partners, teams and sponsors) usually have agreements with the game companies to monetize their streams. They don't want to stop people from streaming, they want to make money off it too.
No, not really. An esports match is about as interactive as a professional sports game. Sure, you can play Halo or Football on your own, but you won't play it on the same level as the "professionals".
With gaming becoming more and more movie-like, the interactivity of many games isn't even all that important in some cases. Many games prioritize the "experience" over the actual gameplay.
And since this is really just about people who are making money with these games, I don't see the problem. You couldn't make that money without the company who spend millions over millions making that game, so why not pay them something back? Microsoft isn't banning streaming Halo 4 for money, they are banning streaming Halo 4 for money without getting a license for it first.
MLG and Roosterteeth can. Seems more like you can only make money off of streaming if Microsoft gets a cut. Which is perfectly reasonable Halo is Microsoft's copyright.
That out of the way, I suspect they'll let it slide for most individuals.
Heavy's Sandvich
Member
The players themselves are what makes the games interesting to watch.
I think this is pretty disgusting.
I think this is pretty disgusting.
Felix Lighter
Member
I was not aware of these deals. Does this include the streamers that stream a bunch of miscellaneous games? Outside of SC 2, those are the streams I typically watch.
Interfectum
Member
Little Timmy watched Jurassic Park 3 on Youtube. Doesn't need to buy it on DVD.
Little Timmy watches sports games on Youtube. One lost viewer for Cable or Network TV.
Little Timmy watched "How to Pwn in Halo 4" Tutorials on Youtube. Doesn't need to... buy the game?
This was inevitable. I don't think people here realize just how much money you can make from YouTube and Twitch.tv streams if you're popular.
What's going to happen here in the future (if this isn't cut off at the knees, now, and I'm not sure streamers have a legal leg to stand on, any GAFLaw in the house?) is the bigger publishers are going to sign exclusive agreements with companies like Machinima and forbid any other streaming/commentary videos outside that single outlet. For streaming, that's mostly twitch, but there are other streaming sites out there that could become competitors with an 'exclusive' agreement to stream GTA5 or whatever.
Companies like Machinima and others stand to make a huge amount of money if they can score an exclusive agreement with a publisher for a huge title, and I seriously doubt that the guys actually generating the content (ie, videos people want to watch) are going to see even a fraction of that money. Sorry proles, suck capitalism
Needless to say, as a streamer myself, I'm no fan of this whatsoever. My viewers largely tuned in to watch me play, because of my particular style, sense of humor, presentation, etc. This was true across many games, not any single game.
But again, legally, I suspect they hold the cards, as full videos on YouTube that are monetized are probably well past fair use. I don't know about streaming, but I'm assuming it falls under some sort of rebroadcasting for public use laws.
What's going to happen here in the future (if this isn't cut off at the knees, now, and I'm not sure streamers have a legal leg to stand on, any GAFLaw in the house?) is the bigger publishers are going to sign exclusive agreements with companies like Machinima and forbid any other streaming/commentary videos outside that single outlet. For streaming, that's mostly twitch, but there are other streaming sites out there that could become competitors with an 'exclusive' agreement to stream GTA5 or whatever.
Companies like Machinima and others stand to make a huge amount of money if they can score an exclusive agreement with a publisher for a huge title, and I seriously doubt that the guys actually generating the content (ie, videos people want to watch) are going to see even a fraction of that money. Sorry proles, suck capitalism
Needless to say, as a streamer myself, I'm no fan of this whatsoever. My viewers largely tuned in to watch me play, because of my particular style, sense of humor, presentation, etc. This was true across many games, not any single game.
But again, legally, I suspect they hold the cards, as full videos on YouTube that are monetized are probably well past fair use. I don't know about streaming, but I'm assuming it falls under some sort of rebroadcasting for public use laws.
snoopeasystreet
Member
Will Giant Bomb be able to quick look it then?
I have no idea on an individual basis. I know people affiliated with Machinima do, and I think Riot (makers of League of Legends) have similar agreements with Twitch and Own3d for their pro players. I'm sure there are games out there who don't have these kinds of restrictions, I mean, I'm fairly sure that people streaming speed runs of Nintendo games have no deals with Nintendo for example.
Sixfortyfive
He who pursues two rabbits gets two rabbits.
There isn't a huge difference between watching a sports broadcast and watching a competitive Halo stream, though.
Freshmaker
I am Korean.
Playing the game is a transformative work. People don't watch Justin Wong to see Street Fighter IV. The watch to see how Justin Wong plays the game.
Milton Bradley doesn't restrict Monopoly tournaments. This is no different.
EULA's aren't necessarily legally binding.
Oh gawd, here we go.
Interfectum
Member
So why couldn't they just forbid rebroadcasting of esports events?
As I mentioned in the Halo community thread, these rules actually haven't really changed, and even the updated and clarified text has been up there for months. I assume somebody just noticed this and posted this morning because it sort of blew up. This has always been the Legal status for the IP (and MOST IPs in fact), and as you also already know, nobody is being sued, or in jail, etc etc etc.
The language isn't designed to stop kids streaming their games, or covering their costs, it's designed to stop big companies from using somebody else's IP to run a business.
We'll put together some language that will help community people navigate this easily, and give people workarounds.
The language isn't designed to stop kids streaming their games, or covering their costs, it's designed to stop big companies from using somebody else's IP to run a business.
We'll put together some language that will help community people navigate this easily, and give people workarounds.
Stinkles said:
I guess these posts are going to be ignored. But whatever, right Gaf?
edit: Posting from jail.
Dorfdad
Gold Member
Again with this shit? Where is common sense anymore? So If I buy your product you get paid end of your payment stream as far as I am concerned.
Now I own the license and I can do what the hell I want with it. Tell me it's illegal and I give a rats ass. It's mine. In fact I think I should charge Microsoft and every other developer who does this shit because I am advertising your product and spending my time promoting your product without getting paid.
So If I help sell your product and you make money off my promotion it's not fair to me going by this logic. This is pure greed and the courts need to stop this..
Now I own the license and I can do what the hell I want with it. Tell me it's illegal and I give a rats ass. It's mine. In fact I think I should charge Microsoft and every other developer who does this shit because I am advertising your product and spending my time promoting your product without getting paid.
So If I help sell your product and you make money off my promotion it's not fair to me going by this logic. This is pure greed and the courts need to stop this..
Felix Lighter
Member
Alright, that actually alleviates my specific concerns.
So which of the other two soulless corporations will have your "loyalty" next gen?
Interfectum
Member
Cool thanks for clarifying.
None man! He's going to get that new console from that anarcho-syndicalist commune.
CrunchinJelly
formerly cjelly
Crysis averted.
I can't speak for them.
I smell a IGN headline.
Don't do it IGN guy.
Sixfortyfive
He who pursues two rabbits gets two rabbits.
Well it's a good thing that their language quoted in the OP specifically states that you're unaffected in that case, isn't it?
That's super dumb, especially since this means that they're actively shooting a percentage of their own advertisers in the face.
Did they forget that they were debuting a Halo 4 marketing campaign on Machinima, the company that would be hit by this the hardest?
Did they forget that they were debuting a Halo 4 marketing campaign on Machinima, the company that would be hit by this the hardest?
Nevermind. Looks like it's just legal insurance against...something that doesn't exist yet.
Not sure if you're serious, but please let me know when you make a movie, so I can run a business using its footage.
Why would you do that?
Member
I do get annoyed by people who upload video game music and trailers to YouTube with advertisements (they're literally making money off others' work), but I personally think things like Let's Plays are original enough content (even though I hate Let's Plays). I wouldn't be upset unless I see Microsoft becoming litigious with people like that.
Metroid Hunter
Banned
Yep.
MrNyarlathotep
Banned
The two aren't really comparable though, because the vast majority of lets plays and whatever, the content is not the game being played, it is the 'performance art' of the player.
Analogies to movies don't really work either; it's more like if you buy a game of monopoly and then film yourself playing it with your friends on a youtube affiliate channel, do you then automatically owe hasbro money for monetising their content?
I would say no, of course you don't.
Fox Mulder
Member
Way to take the one sentence to make it seem like an overreaction to this news. MS has been doing shitty things all gen, I'm just finally tired of it.
Because you can't find games anywhere besides consoles right.
Chuckpebble
Member
I can imagine lots of viewers being OK with this, what with all the bitching I see about ads in YouTube comments.
Non-news breaking the camels back is what I was responding too. You can have legitimate issues with any corporation you want, but I bet sony and nintendo have the same sort of policies.
Broadbandito
Member
I am doing a 24 hour livestream of Halo 4 when it hits at midnight. You have to be partnered on twitch to run ads to make money. I will use those 24 hours to try and get partnered then ill worry about this (unless there is nothing to worry about, i am not a big company but I am a big man lol)
Nearly every single company has this set of rules. This is nothing new. The reason popular gaming channels still exist is because they are part of a network (machinima, thegamestation, yogscast, etc). These networks pay to allow their network members to monetize their videos. You can still post videos on youtube without a network as long as you're not monetizing.
Dorfdad
Gold Member
What the hell are you spouting off about? I never mentioned movies. Were talking about a video game. And having someone stream content for a few minutes or making a Halo gameplay video doesn't hurt sales one bit. I can make the argument that my video promoted your game and that in fact you own me. I am sure there is a lawyer somewhere that would take this case and make a good argument.
Should the game be streamed start to finish? No I don't agree of that, but 10-15 minute videos are helping not hurting developers IMHO.
diffusionx
Gold Member
Watching an Evo stream is fundamentally identical to watching a NFL game.
Even if it weren't, it's all copyrighted material though. It doesn't matter if it is 'passive' or not. Every frame of Halo 4 is copyrighted just like every frame of the Super Bowl is copyrighted. What you say is a different type of argument - why it might be a dumb idea for MS to crack down on this and why it might be a good idea for the NFL to crack down on it. But it's still copyrighted all the same.
It's also not just about streaming, but monetizing that stream.
MrNyarlathotep
Banned
That's only if you accept the premise that videogames are an entertainment medium and not a game.
Because you could just as easily say that the Superbowl copyright is owned by Wilson, because they make the football players use to play the game if you extend that line of thinking to it's ridiculous conclusion.
Yeah Frankie already eat be to it.
These rules are basically in Alsace in one form or another for pretty much all games out there.
They're rarely if ever enforced. As Frank said, its protection against bigger companies. But we all know how so many on here love a good overreaction.
These rules are basically in Alsace in one form or another for pretty much all games out there.
They're rarely if ever enforced. As Frank said, its protection against bigger companies. But we all know how so many on here love a good overreaction.
jediyoshi
Member
Shh, let them have their fun. They'll go on waiting for the apocalypse and realize nothing's changed. Such is the circle of life.
AranhaHunter
Banned
That's all fine and dandy, but technically MS can still stop and shut down guys like MLG, Rooster Teeth, or any other guys doing achievement guides or walkthrough if they so choose. IMO that is BS and I hope that they indeed never enforce such a stupid rule.
They have deals in place with those companies in the first place. What Microsoft wants to do is to stop people wanting to make money of the Halo name.
Similar threads
- Locked