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Microsoft has updated their Game Content Usage Rules, you can't legally monetize Halo

Using a EULA to restrict something that's protected by international copyright law (assuming there's commentary). That's cute.

Keep doing it, people. It's not like this is enforceable. ESPECIALLY on consoles, where you never even see your EULA.
 

FStop7

Banned
Doesn't BLOPS 2 have streaming capability built into the game?

So bizarre when Activision is the voice of sanity.
 

erpg

GAF parliamentarian
I like that they apologize for their lawyering throughout, and hope you still have fun in chains by the end.
 

subversus

I've done nothing with my life except eat and fap
it's very, EXTREMELY stupid and VERY MS-like. That is why I hate them and hope that they will fail in everything.
 

jwhit28

Member
Using a EULA to restrict something that's protected by international copyright law (assuming there's commentary). That's cute.

Keep doing it, people. It's not like this is enforceable. ESPECIALLY on consoles, where you never even see your EULA.

Copyright law actually prevents the public showing of copyrighted material. Streaming videogames is the same as streaming pay-per-view sports or movies.
 

vg260

Member
Oh no, how dare these people advertise your game and get paid for it.

I know this is sarcastic, but that's exactly the issue. There may be an advertising effect, but they're broadcasting their IP for profit. Not surprising they'd want to have control over that. Just like re-broadcasting the accounts, descriptions, etc of a Major Leage baseball game without the express written consent of the commissioner, blahc, blah, blah.

It really is within their rights to prevent people from displaying their material for profit.
 

Interfectum

Member
Watching someone play a video game is not the same as rebroadcasting sports or movies. Not sure why people keep making that comparison.

If you stream a movie online for people to see, the studio has potentially lost that sale. If you stream someone playing Halo 4 for people to see, the publisher has lost nothing and has potentially gained a sale from the viewer.
 

Sixfortyfive

He who pursues two rabbits gets two rabbits.
Copyright law actually prevents the public showing of copyrighted material. Streaming videogames is the same as streaming pay-per-view sports or movies.
Mm hmm.

The only lawyer I know of who specializes in copyright law as it relates to video games has mentioned this a few times in the past. If you're broadcasting video game footage to the world, the copyright holders actually do have a leg to stand on when it comes to taking legal action against you if they want to do so, and especially if you're making money off of it.

Whether it's actually a smart choice for them to go through with it is debatable since it would stifle exposure to their product in the first place though.
 

Bgamer90

Banned
Heh, this is going to make it a bit more of a chore for me to do my video review of Forza Horizon.

Oh well. Not getting paid much anyways...I make my vids for hobby. Doesn't really matter.
 

FStop7

Banned
I know this is sarcastic, but that's exactly the issue. There may be an advertising effect, but they're broadcasting their IP for profit. Not surprising they'd want to have control over that. Just like re-broadcasting the accounts, descriptions, etc of a Major Leage baseball game without the express written consent of the commissioner, blahc, blah, blah.

It really is within their rights to prevent people from displaying their material for profit.

It's within their rights but it's stupid and short-sighted. In other words it's fairly typical Microsoft.

It alienates fans who will go and stream BLOPS 2, DOTA 2, Starcraft 2, DayZ, etc.
 

Shambles

Member
Good things EULAs mean about as much as tits on a bull.

Copyright law actually prevents the public showing of copyrighted material. Streaming videogames is the same as streaming pay-per-view sports or movies.

Which is why people add their own commentary and not just stream a straight feed from the game.
 

CrunchinJelly

formerly cjelly
Watching someone play a video game is not the same as rebroadcasting sports or movies. Not sure why people keep making that comparison.

If you stream a movie online for people to see, the studio has potentially lost that sale. If you stream someone playing Halo 4 for people to see, the publisher has lost nothing and has potentially gained a sale from the viewer.

what
 

Kelegacy

XBOX - RECORD ME LOVING DOWN MY WOMAN GOOD
Just when you think Microsoft couldn't get any sleazier.

I don't see the similarities between this and a movie upload. A movie is watched so watching it on youtube would be a valid copy infringement. A game is played, so WATCHING a video of it is not really comparable. Next, downloading lyrics will be illegal as the RIAA will say it is music piracy.
 

davepoobond

you can't put a price on sparks
i like that its ok for YouTube to make money off of your gaming videos but you can't make money off of your videos.
 

wrowa

Member
Watching someone play a video game is not the same as rebroadcasting sports or movies. Not sure why people keep making that comparison.

For those who try to argue: If you stream a movie online for people to see, the studio has potentially lost that sale. If you stream someone playing Halo 4 for people to see, the publisher has lost nothing and has potentially gained a sale from the viewer.

Streaming a video of playing a single player campaign is potentially the same as streaming a movie. The viewers might pick it up later, but they might have also seen enough. I know enough people who are absolutely okay with just watching games they otherwise would have bought. Being the person in charge of the gameplay isn't important for everyone.

I also fail to see a difference between streaming a sports match and streaming a multiplayer game at all. You apparently too, since you didn't even try to justify that one with an example.

If you make money with the product of another company, that other company wants to have part of the money too. That's totally reasonable in my book. You can argue whether or not it's really in their best interest, but the decision to charge for it is absolutely their right.
 

Grief.exe

Member
This is more, for lack of a better example, the larger content providers like MLG and Rooster Teeth. They have already partnered up, but its for companies like that.

Microsoft wants a piece of the pie. Its a similar reason to why SCII doesn't have a lan mode, its so esports have to get blizzards permission to do a tournament, and put some money in their pocket as well.

There is no way they will have the resources to pursue every single user that uploads halo content. I'm sure the average person can continue as they have in the past.
 

Interfectum

Member
Streaming a video of playing a single player campaign is potentially the same as streaming a movie. The viewers might pick it up later, but they might have also seen enough. I know enough people who are absolutely okay with just watching games they otherwise would have bought. Being the person in charge of the gameplay isn't important for everyone.

I also fail to see a difference between streaming a sports match and streaming a multiplayer game at all. You apparently too, since you didn't even try to justify that one with an example.

Video games are interactive.

Watching sports and movies are not.

Pretty huge difference.
 

vg260

Member
Watching someone play a video game is not the same as rebroadcasting sports or movies. Not sure why people keep making that comparison.

If you stream a movie online for people to see, the studio has potentially lost that sale. If you stream someone playing Halo 4 for people to see, the publisher has lost nothing and has potentially gained a sale from the viewer.

Effectively, yes and that should be a consideration in this, but the point of contention is that you are displaying their content for monetary gain. They may be missing the free advertisement point, but they still technically have the right to protect the monetization for their IP.
 

Aaron

Member
It's amazing that after all these years Microsoft really doesn't understand the business they're in. They have to fuck up and have people tell them they're doing it wrong before they make any effort to correct things.
 

Interfectum

Member
Effectively, yes and that should be a consideration in this, but the point of contention is that you are displaying their content for monetary gain. They may be missing the free advertisement point, but they still technically have the right to protect the monetization for their IP.

I never said they didn't have the right. Of course they do. It's pretty shortsighted though.
 
Yeah, I can see how it would affect a single player game and someone wouldn't want to buy it but if it's multiplayer it doesn't make any sense.
 

Kelegacy

XBOX - RECORD ME LOVING DOWN MY WOMAN GOOD
With all the anti consumer stuff going on in this hobby these days, I wish people would make more of a stand. But in this hobby it is hard to talk anyone into taking a stand sinceci think gamers are too impulsive and hypocritical. "I don't want to punish myself, man"
 

DRE Fei

Member
The game is releasing 1 week before Black Ops 2, so It already had a major hurdle ahead of it. This stuff is just putting extra nails into the coffin.
 
Clueless. You have to be out of touch with reality if you think actively limiting the streams showing your game will somehow benefit you in anyway.
 

Interfectum

Member
Yeah, I can see how it would affect a single player game and someone wouldn't want to buy it but if it's multiplayer it doesn't make any sense.

If you are satisfied with watching someone play through a single player experience via Youtube than you really aren't a gamer that buys games. So there is still no lost sale there.
 

jwhit28

Member
Good things EULAs mean about as much as tits on a bull.



Which is why people add their own commentary and not just stream a straight feed from the game.


Yeah I don't think the NFL would like it if I rebroadcast Monday Night Football even if I have my best NFL BLitz commentator impression playing over the top of it. Its exactly the same as movies, magazine scans, sports and any other copyrighted media to the courts whether we think so or not.

Companies can either capitalize on the gray area like Capcom and 2k or they can shun it like Microsoft.
 

Fantasmo

Member
Can't wait for the day when everything comes with an eula. Errbody wanna get paid. This is as stupid as when soda cans or whatever are blurred out of videos except now the whole video is off limits. Fuck you MS, glad I bailed on your system.
 

vg260

Member
I never said they didn't have the right. Of course they do. It's pretty shortsighted though.

Yeah. I don't think a lot of others see the difference though.

Can't wait for the day when everything comes with an eula. Errbody wanna get paid. This is as stupid as when soda cans or whatever are blurred out of videos except now the whole video is off limits. Fuck you MS, glad I bailed on your system.

Do you watch professional sports? The NFL, NBA, etc. are super aggressive about streaming games even if not ad-supported. This die-hard IP protection is very common.
 

FStop7

Banned
Does Che Chou come onto GAF and glad-hand for Halo the way he did for Forza when he was at Turn 10? I'd love to hear his excuse for this one.
 

jwhit28

Member
Can't wait for the day when everything comes with an eula. Errbody wanna get paid. This is as stupid as when soda cans or whatever are blurred out of videos except now the whole video is off limits. Fuck you MS, glad I bailed on your system.

So do you have a Playstation from the same company that installed rootkits on PCs from music CDs and are still one of the biggest companies lobbying for stricter copyright laws?
 
Dumb.

The popularity increase the games will get by these movies totally compensate the money going to other people that MS would never gain either way.
 

Interfectum

Member
Yeah I don't think the NFL would like it if I rebroadcast Monday Night Football even if I have my best NFL BLitz commentator impression playing over the top of it. Its exactly the same as movies, magazine scans, sports and any other copyrighted media to the courts whether we think so or not.

Again you are talking about passive entertainment. If someone posts a sports game or a movie on youtube there is literally no reason for the viewer to go any further with that content. Potential sales are indeed lost.

If someone posts a cool gameplay video of something they did in Halo 4, MS doesn't lose anything from that. The only thing that happens is they could potentially GAIN a sale from someone wanting to PLAY the game.
 

syllogism

Member
This could kill esport potential for many of their games, though it should be noted that just because they may tell you to stop distributing doesn't mean they will. They clearly think these game content usage rules encourage people to do more content, but their lawyers probably didn't want to waive all their rights away, just in case. It would be interesting to see what other EULAs say about such content. If they don't say anything, the user is generally in a worse position than under these rules.

Yeah I don't think the NFL would like it if I rebroadcast Monday Night Football even if I have my best NFL BLitz commentator impression playing over the top of it. Its exactly the same as movies, magazine scans, sports and any other copyrighted media to the courts whether we think so or not.

Companies can either capitalize on the gray area like Capcom and 2k or they can shun it like Microsoft.
Public performance laws do not treat derivative content (videos of you playing copyrighted games) and non-derivative content (copyrighted movies, etc) similarly.
 
If you are satisfied with watching someone play through a single player experience via Youtube than you really aren't a gamer that buys games. So there is still no lost sale there.

I never watch that stuff it spoils the games I am interested in and could ruin it for me personally with multiplayer I don't mind though.
 
Watching streams of games has never caused me to avoid a purchase but I have been convinced to check a game out multiple times. I'm not sure what Microsoft thinks they'll get out of this arrangement.
 
Dear fan,

Thanks for creating a popular Youtube video featuring you playing Halo 4. With all those millions of hits you probably sold a few copies of our game to users who would have otherwise not bought it. Thanks.

Unfortunately it looks like you might have made some money off this video. So, uh, please remove it or we will sue the fuck out of you, your family and your cat.

Your Gamertag is dumb,

Microsoft Legal

P.S. - Halo 4 DLC is out next month!

Wouldn't surprise me if that's actually what the cease and desist letter read like.
 

angelfly

Member
It's so stupid for MS to do this. They're basically killing one of their own games communities and one that can easily contribute to sales. It'll be interesting to see how hard they actually enforce this if at all.
 

TheOddOne

Member
People can't make money off streaming the game? Seems bad for E-sports. You can still however still stream it right? Without making money off of it of cource.
 

Mandoric

Banned
Buying a game doesn't give you an unfettered right to make money off it. I pay for my cable sub, doesn't mean I can charge admission to watch the World Series (that's the point of that "expressed written consent" boilerplate they play during every game).

I don't think that putting Youtube ads next to a Halo 4 teabag video is something that MS gets upset about, but it's their right.

Can Rawlings go after MLB for broadcasting the World Series, because it's played with balls and gloves they made?
 
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