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[TheExodu5]

Absolutely ridiculous. Don't they realize making money off streaming is the incentive to stream in the first place, and that these streams are free advertisements for their games?

 

[Mr. Enigma]

This is humorous because I remember 38 Studios actually paying some of the big streamers on TwitchTV to stream "Kingdoms of Amalur" on day one when it launched.

 

[Cosmo Clock 21]

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.

Wilson actually does own a small amount of IP if it's the only brand of football used during NFL games.

Somebody correct me if my line of understanding is incorrect:

Nobody owns the game of football. The NFL (and/or some entity with specific relations to the NFL, such as team owners) owns, in part or wholly, its specific ruleset of football, as well as the ability to match specific teams against each other at specific days of the year at specific locations, and the broadcast rights with Clearchannel/etc. to allow local stations to send electromagnetic waves through the air to show these matches being played on your TV.

Nobody owns the FPS genre, nor does anybody own FPS games where a bunch of dudes shoot each other with guns in a team setting. Microsoft/Bungie/343 own the IP where designs of specific guns played on specific maps with specific rules constitute the game of "Halo 4". Whether or not the game uses a Coca-Cola Gun sponsored by the Coca-Cola Company doesn't change the fact that the game is Halo 4, although the effects of the CCG on gameplay give the CCC some portion of IP.

MLG owns some IP for organizing a Halo 4 event, as does Microsoft for analogous reasons above. Thus MLG and Microsoft (and other parties) own broadcasts of that event.

When you record a Halo 4 match on Twitch, you own some rights to the broadcast, but so do Microsoft and Twitch. How much of the IP of that broadcast you own is negotiable depending on how well you shill the game and how often you 8.95 viewers, but you are not the sole owner of the broadcast.

 

[Camp Lo]

Is this all because of twitch.tv?

 

[Harlock]

You can streaming only using Windows 8.

 

[Mr. Enigma]

Is this all because of twitch.tv?

It has more to do with YouTube than TwitchTV. Twitch already has deals in place with all the publishers. YouTube is a significantly bigger grey area.

 

[daegan]

I have to wonder if the way you play a game fundamentally alters the rights to it. It's a discussion I've had before regarding streaming: very few people watch SF4 streams just to watch the game, most people watch for a specific competition or player.

 

[Photolysis]

How is this actually legally enforceable? If I watch a bunch of pro Halo players, I'm not watching the game per se, I'm watching them play the game. I'm watching the content they created (i.e. their gameplay). It's a transformative and unique work that would be covered under fair use, and it doesn't supersede the original. Similarly with single player gameplay, at least if there is some uniqueness to it.

The same if I watch someone review something, I'm there to watch the review. Them showing clips of the movie - even if it covers a large amount of footage and key scenes - is just a means to help contextualise their review, and again, covered by fair use.

 

[Goron2000]

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!

Oh you got this too? Glad I'm not the only one.

 

[LycanXIII]

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.

Why did no one point out that Frankie was post 117?

 

[Mr. Enigma]

Why did no one point out that Frankie was post 117?

 

[Hellish]

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.

So does this mean people will be able to upload stuff without a network affiliation? ex. Machinima, yeousch, tgn, tgs, ign etc.

 

[Satchel]

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 haven't enforced it for the last 7 years or more.

Good chance they won't start now. It's not like Halo is a new fad.

 

[GarthVaderUK]

More clarification:

We know you have questions about the updated Game Content Usage Rules. The good news is that little to nothing actually changed. The rules are basically the same, with clarification added to address some frequently asked questions. While those rules govern several different titles, we would like to assure you that we not only love seeing, watching, and hearing your many different Halo-related creations, but we want you to be able to create to your heart’s content. That is one of the primary reasons we forged a partnership with Machinima, for example, so in theory, just about anyone could sign up as part of a simple pre-approved partner program and actually earn money on YouTube and avoid even having to think about it or apply for a separate license.

Both Rooster Teeth and Machinima have held our normal commercial licenses for years (and others can reach out to us for commercial licenses as well), so rest assured they will continue to exist as you know them. The majority of everything the community makes currently is fine, as long as they are not basically running a big Halo-based business or using Halo as if the IP was its own property. That actually isn’t a change to our policy, simply a clarification and update of the dry legal language, and as we’ve mentioned, even that “new” language was actually updated months ago. We don’t have squads of lawyers waiting in the wings to go after folks making machinima, or showing off their skills in Halo. Basically it’s business as usual.

So please, continue creating. And when you do, we’ll continue to spotlight and share it with the community.

https://forums.halo.xbox.com/yaf_postsm1516207_MS-Game-Content-Usage-Rules-Updated.aspx#post1516207

 

[Gorillaz]

If Activision did a similar rule on COD then that'll be hilarious.

Im surprised they havn't...It would literally destroy YT

 

[CadetMahoney]

If you can make money youtubing video game footage than it's fair game if you ask me.

Shouldn't linear, plot-driven, QTE-filled cinematic experiences be more concerned with youtube walkthroughs than action games? There's less incentive to buy the game judging by how much ppl invest in their "stories".

 

[PandaL]

 

[Wiktor]

So I guess no professional videogame website can post video reviews anymore? Or even screens?

 

[Wiktor]

How is this actually legally enforceable?

Just because Microsoft adds such clause doesn't mean it's actually legally enforceable

 

[Aaron]

Im surprised they havn't...It would literally destroy YT

COD shit is popular on youtube? Really strange. I love the game, but it's boring as hell to watch.

 

[jediyoshi]

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.

How is that literally any different than if the language was in there or not. The usage of the game is still already licensed through them and has been for a million years. They've had this language since Halo 2, but somehow suddenly everyone forgot when they added the clause that said you couldn't use audio from the halo games in your movies as well. Oh the internet attention span.

 

[Mr. Enigma]

COD shit is popular on youtube? Really strange. I love the game, but it's boring as hell to watch.

A bunch of people on YT have been able to quit their day jobs because they make so much money posting CoD videos on YT. WoodysGamertag comes to mind. He said before he started YT, he had $45,000 in medical bills for his autistic son. He's so loaded now thanks to CoD on YT, he quit his computer programmer job, paid off all the medical bills, is debt free, and his daughter pretty much has her college completely paid for.

 

[TheOddOne]

So I guess no professional videogame website can post video reviews anymore? Or even screens?

Where does that say that in the OP? I don't know how you could come to that conclusion. Btw there were some clarifications given, nothing has actually changed.