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[ClosingADoor]

what this video really drives home for me is that someone needs to take youtube to court over their content ID system already

like, I totally get jim's grievances because his show is his and this stuff makes it harder for him to present it how he wants to without ads

but for the love of god this youtube stuff has been like the wild west for, what, over a decade now? settle it in court and have legal parameters to work within clearly defined so we call all move on

can we start a gofundme or something to front the legal fees? is jackie chiles available?

Taken to court over what? Setting rules for their own platform? Anyone who doesn't want to deal with it, can go host their own content somewhere. Of course, then you don't get Youtube's audience also, but those are the rules of the game.

 

[Mifec]

Fuck rom he's the only asshole I didn't beat solo in all of Bloodborne lmao

She. Rom is female.

 

[Metal B]

Using assets and code from one game to create a similar game, which isn't a parody, transforming or any other part of Fair Use, is still disrespectful. No matter if it is free or not.

 

[Conan-san]

Is it morally ok to upload this Jimquisition on my Youtube channel an motenize it?

And slap ads into it, don't forget that.

 

[Vena]

Isn't NOA, where a lot of these copyright strikes and dismissal of fair use arise from, subject to US copyright laws?

Copyright for the material is out of Japan where it was created, and the platform is international.

what this video really drives home for me is that someone needs to take youtube to court over their content ID system already

like, I totally get jim's grievances because his show is his and this stuff makes it harder for him to present it how he wants to without ads

but for the love of god this youtube stuff has been like the wild west for, what, over a decade now? settle it in court and have legal parameters to work within clearly defined so we call all move on

can we start a gofundme or something to front the legal fees? is jackie chiles available?

They'd likely lose, and end up with actual laws on record that are worse than current struggles. There's been no lock-and-key preventing them from doing this before now, and they've not done so for a reason.

 

[Unaha-Closp]

Fun Video. Fun Video Title. All in all Fun.

 

[nubbe]

abusive relationship syndrome

Ditch Nintendo and find something better

 

[phanphare]

No one wants to do that because there is a 90% the rules that would be laid out from the court would be even worse then what people struggle with now.

well for stuff like the jimquisition I don't agree at all. obviously I'm no legal guru but it seems like jim's work is so clearly fair use that people who make content like him would have nothing to worry about except the amount of resources it would take to settle legally. I think that's the biggest hurdle is that no one has the resources to do anything about it so all they can do is put a spotlight on the issue and hope it works itself out.

 

[Vexii]

What, like using someone elses work as a basis for Patreon subscriptions?
It's the same scenario.

An advert using someone elses work is not directly monetising that work anymore than a Patreon sponsored video series is directly monetising that work.

They are both the basis for commercial enterprise.

This is where fair use gets hazy, but for all intents and purposes, he uses that copyright material for educational, satirical and scholarly purposes without directly monetising the material that he uses for his purposes.

It is fundamentally different. What concerns me is how you're still arguing in favour of a corporation who themselves don't abide by the rules. It's very obvious that you just don't like Jim, so why not just say that and deal? It comes across as a little jaded and childish, frankly :/

 

[Sushigod7]

I agree Nintendo takes things a bit to far with youtube etc its frustrating but that is no justification for stealing etc. If you want to speak out about it do so and don't buy Nintendo products maybe. He probably isn't buying them though since he has such a problem with the corporate entity.

 

[Skronk]

The number of people who didn't watch the video, don't know how Fair Use works, and attack ad hominem without providing an argument is staggering.

I've seen some of his creepy videos in the past, I'm not giving him any more clicks.

 

[Chû Totoro]

Yeah I don't understand why he doesn't say this for ALL big three then.

Jim are you that angry after Ninty? Can't you get over it? Come on...

 

[Snowybreak]

abusive relationship syndrome

Ditch Nintendo and find something better

...What?

 

[tnaden]

Really good video. Definitely a clickbait title, but I think that is the point in this case. I wish he would've gotten to his point faster, because it took about 11 minutes to get going. But once he did, I could completely see where he is coming from.

And ends the video with "Obviously, I do not condone piracy, shoplifting, stuff like that."

Where?

I simply don't respect Nintendo enough to non-sarcastically get the point across that I don't condone that sort of thing (piracy). I don't respect them. They don't respect my rights, I don't see why I should respect their rights, ever (pirate away).

then Zant card then Ubisoft is shit.
?

 

[Catvoca]

Yeah I don't understand why he doesn't say this for ALL big three then.

Jim are you that angry after Ninty? Can't you get over it? Come on...

Did you watch the video or no? Because he explains very clearly why he singled out Nintendo.

 

[AcademicSaucer]

Like people on GAF dont pirate Nintendo games all the way to 3DS and Wii U and then pretend they bought them.

 

[JonnyDBrit]

I don't think there's anything "generic" about the imagery, unless there are other dictatorial regimes using red and black colors with occasional usage of a winged emblem (there might be, I'm no expert!).
Most "generic" dictator imagery in media (Star Wars, etc) specifically comes from Nazi imagery.

I just think it's corny, more than anything.

Well, Stalin's a pretty obvious example, and IIRC, the Nazi's did steal the red imagery from the communists anyway, so... yeah.

As to the point of the actual video, while I'm not so sure about the framing, Jim does ultimately retain a point. Nintendo's double standards with regards to copyright law is easily one of the least savoury aspects about the company, as well as it lacking leniency when it comes to fan projects. It's especially apparent when you consider how it's old competitor - Sega - is much friendlier in this regard, and its ultimate symbol of such will be launching on Nintendo's new console very shortly.

 

[Santiako]

Tiny Toons NES was so good!

 

[Xephel Arlen]

I understand his argument and he has a good enough point, but he had to present this point in the absolute worst way possible and to make it worse he doesn't actually say anything new. He's already made videos on how publishers such as Nintendo abuse the copyright system he's talked about how he abuses the system back, the only difference is that he jokingly said it was fine to pirate nintendo games which he already did when talking about the virtual console.

 

[Phrozenflame500]

Haha that's a pretty good title bait Jim

 

[Linkstrikesback]

So take them to court and PROVE your Fair Use case. This eye for an eye shit is neither right, or valid.

Even if he wanted to, a company the size of Nintendo would just stall it until he couldn't afford to continue anyway.

 

[Conan-san]

I've seen some of his creepy videos in the past, I'm not giving him any more clicks.

Not that I don't believe you but what do you mean by that exactly?

 

[Pappasman]

This whole Fair Use issue needs to be settled in court. We've been doing this same song and dance for way too long and someone needs to set the rules going forward.

 

[Weltall Zero]

Since it's obvious that people aren't going to watch the video before gracing us with their hot takes nobody is interested in, I'll simply spoil it: Jim makes the case that Nintendo is not respecting the parts of copyright law that inconvenience them (fair use), so there's no reason for consumers and creators to respect the parts of copyright law that inconvenience them (piracy).

You may now resume your scheduled outrage.

 

[Schnozberry]

Isn't NOA, where a lot of these copyright strikes and dismissal of fair use arise from, subject to US copyright laws?

That's not how it works. The US and Japan have copyright reciprocity. So, a copyright originating in one country can be easily copyrighted in the other by showing origination. Nintendo's copyrights originate in Japan, where copyright law has not kept up with the digital times. Since their US copyright recognition depends on the original copyright in Japan, they have to protect their copyrights to the extent required by Japanese law.

Japan was set to modernize it's copyright law with the passing of the Trans Pacific Partnership, but that was recently torpedoed by Donald Trump.

 

[Twenty7KVN]

Yeah I don't understand why he doesn't say this for ALL big three then.

Jim are you that angry after Ninty? Can't you get over it? Come on...

Do the other 2 work this hard to take other peoples money? Or stop then from making money because of publicly available footage they used in a video?

 

[Mxrz]

I still have the games from my childhood, and they haven't really made anything new I want to play. Can't imaging putting up with modern Nintendo, especially as any kind of content creator. So many better options out there.

 

[Vincent Alexander]

Where?

then Zant card then Ubisoft is shit.
?

Here. Honestly, I think the last 2 minutes here is my favorite part of the video.

 

[TyrantGuardian]

Come back to me when you've created something that has been pirated and tell me that it isn't fundamentally the same thing.

Ok. I'm telling you. I have had my work pirated quite extensively and I don't think it is stealing at all. Satisfied?

 

[Vena]

well for stuff like the jimquisition I don't agree at all. obviously I'm no legal guru but it seems like jim's work is so clearly fair use that people who make content like him would have nothing to worry about except the amount of resources it would take to settle legally. I think that's the biggest hurdle is that no one has the resources to do anything about it so all they can do is put a spotlight on the issue and hope it works itself out.

If you actually had a strong case, resources would not be the issue.

The issue is that no lawyer is going to take this case without major financial incentive because the odds are stacked against you heavily. This is a veritable hornets nest, and trying to 'update' IP/copyright laws in a digital era is a mine field, and also starts to run into international issues and disputes (problems that Big Pharma deals with to this day in very draconian ways).

 

[Inferno313]

Yeah I don't understand why he doesn't say this for ALL big three then.

Jim are you that angry after Ninty? Can't you get over it? Come on...

Nintendo is notably more aggressive about copyright than the other two platform holders. Fuck's sake, they were issue takedown notices to Rule 34 Tumblrs a few months ago.

 

[DarkConfidant]

Why does Jim like to evoke Nazi imagery in his videos? Genuine question, has he talked about this?

Yeah I always wondered this. It just distracts me from his otherwise appealing content.

 

[phanphare]

Since it's obvious that people aren't going to watch the video before gracing us with their hot takes nobody is interested in, I'll simply spoil it: Jim makes the case that Nintendo is not respecting the parts of copyright law that inconvenience them (fair use), so there's no reason for consumers and creators to respect the parts of copyright law that inconvenience them (piracy).

You may now resume your scheduled outrage.

and to take it further he's clearly not telling everyone to go pirate their shit, I think he just realizes that piracy is going to happen regardless and in Nintendo's case he finds it hard to give a shit

If you actually had a strong case, resources would not be the issue.

The issue is that no lawyer is going to take this case without major financial incentive because the odds are stacked against you heavily. This is a veritable hornets nest, and trying to 'update' IP/copyright laws in a digital era is a mine field, and also starts to run into international issues and disputes (problems that Big Pharma deals with to this day in very draconian ways).

yeah maybe, like I said I'm no legal guru but I do think that fair use needs to be clearly defined for this type of content in a way that it isn't right now. like I said I really do get where jim's coming from but I've heard these complaints so many times now and for so long that's it like, fuck, just do something about it.

 

[Burt]

Not that I don't believe you but what do you mean by that exactly?

Cornflake Homunculus is some creepy shit.

 

[Steroyd]

Oh look, another anti-nintendo rant from Jimquisition. I haven't seen this before, and there's no agenda here.

Also, publicly proclaiming that people's hard work should be stolen should be grounds for a site banning around here.

The irony in this post is so beautiful I could cry.

 

[tnaden]

Here. Honestly, I think the last 2 minutes here is my favorite part of the video.

Yes which is followed by the quote above. That he just HAS to follow it up with do it anyway. That he doesn't respect Nintendo and you should break copyright laws against them.

 

[lastrealgameralive]

At least two thirds

One of the reasons I love Jim, he always manages to ruffle feathers

It's never a good idea for slugs to ruffle up feathers from birds, especially salty birds; i.e., the sworn enemy of the slug.

 

[Conan-san]

Cornflake Homunculus is some creepy shit.

Oh the late game overthinker tier bullshit he puts in front of the stuff he's supposed to be talking about. Right, following.

 

[Vincent Alexander]

This whole Fair Use issue needs to be settled in court. We've been doing this same song and dance for way too long and someone needs to set the rules going forward.

I'd love for Jim, or any other YouTube personality, to comment on this. It seems like a valid idea, but surely there is something holding content creators back from doing it.

 

[Beegeous]

He's such an unfunny, poorly-opinionated bellend.

 

[DrArchon]

Yeah I don't understand why he doesn't say this for ALL big three then.

Jim are you that angry after Ninty? Can't you get over it? Come on...

Jim often puts up video content for Sony published games and I don't believe he's ever once said that they'd tried to take his ad revenue from those vids or done anything else unsavory like that.

Seems like Nintendo is alone in this.

 

[Ridley327]

Ooh thats a honey pot.

The individuals that always baffle me are the ones that would refuse to download and play the Mother 3 translation yet constantly demand Nintendo translate it like they're deadlocked in some slavish devotion to the corporation. Unable to break it with one rebellious act that threatens to pull down their entire perception of reality and morality.

When Nintendo finally relents and plops Mother 3 onto the Switch for a fiendish price, they'll be hailed as heroes in finally selling you something thats been available by people that cared more for an entire decade beforehand.

At the end of the day, doesn't everyone prefer having an official release largely because it does away with the moral quagmire that arises in the case of an non-translated property, regardless of the company of origin? This happens a lot with movies, where there are films that have distributors that have no plans of doing anything with them but sit on them, leading to decidedly unofficial releases to fill the void.

 

[HotHamBoy]

The OP should be edited to explain that the video is talking about how Nintendo steals from youtube creators by either syphoning monetization or adding monetization to fair use videos.

Jim does not monetize his videos and Nintendo keeps putting ads on them and he isn't happy about it.

He makes the point that if Nintendo is going to ignore copyright law then so should we.

 

[alfredofroylan]

Not that I don't believe you but what do you mean by that exactly?

Maybe the Cornflakes Homunculus?

 

[Vincent Alexander]

Yes which is followed by the quote above. That he just HAS to follow it up with do it anyway. That he doesn't respect Nintendo and you should break copyright laws against them.

Yeah. He doesn't condone it, then makes a joke, and then follows that up with saying he doesn't respect them enough to not sarcastically get his point across. He still says don't pirate. But at this point we're just quoting him, so it really comes down to interpretation.

 

[Schnozberry]

Nintendo is notably more aggressive about copyright than the other two platform holders. Fuck's sake, they were issue takedown notices to Rule 34 Tumblrs a few months ago.

I would too for kids characters being used in porn.

 

[Principate]

I'd love for Jim, or any other YouTube personality, to comment on this. It seems like a valid idea, but surely there is something holding content creators back from doing it.

They feel like there's a good chance they'll lose and it'd be an expensive endeavour either way.

 

[Snowybreak]

Yeah I always wondered this. It just distracts me from his otherwise appealing content.

It's closer to Stalinist imagery, especially recently with his new titlecard. Generally it's meant to invoke dictatorial vibes in a satirical way. It's all part of the persona.

 

[Twiforce]

Oh look, another anti-nintendo rant from Jimquisition. I haven't seen this before, and there's no agenda here.

Also, publicly proclaiming that people's hard work should be stolen should be grounds for a site banning around here.

Thats funny, because the people who steal labor from game developers are the capitalists who employ them, not pirates

 

[Costia]

Since it's obvious that people aren't going to watch the video before gracing us with their hot takes nobody is interested in, I'll simply spoil it: Jim makes the case that Nintendo is not respecting the parts of copyright law that inconvenience them (fair use), so there's no reason for consumers and creators to respect the parts of copyright law that inconvenience them (piracy).

You may now resume your scheduled outrage.

Law doesn't work like that.
Nintendo are breaking the law. It doesn't give you permission to do the same.

I understand his frustration and his sentiments toward Nintendo. But assuming that most of his viewers are probably kids/teens, i don't think it's is an appropriate way to publically address this problem.

Also: inb4 "Jim is a nazi pirate" article by the WSJ.