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[w1gglyjones]

Fucking wake up, Nintendo.


Speak for yourself.

Sure, they should all stop that bs if they are.


Showing a minute of a trailer on an hour long podcast discussing the game shown in the trailer prevents the video upload, fucking ridiculous. Sterling and Totalbiscuit are totally in the right here. At the end of the day, it's Nintendo shooting themselves in the foot. (I'm an expert on Youtube video uploads...)

What exactly do you want NOA to do when the technology that enables this is provided by Youtube?

I'm not saying these videos should be blocked. But Yotube is the largest video submission site and they have a system in place for these things. NOA can either opt in to the system or not, and there is no guarantee that it will be tailor made to fit the needs of NOA or its consumers. NOA has a legal obligation to identify the material which it owns, it just so happens that YT has a very blunt tool for managing that material for all users, not just game makers.

Again, I'm no saying these videos should be blocked. Nor am I saying that NOA is not at fault. I'm simply saying that YT sets the technology up, and NOA is painfully inept at dealing with these issues for its customers.

 

[MegaZeroX]

...Totalbiscuit [is] totally in the right here...

That is something I didn't think I'd ever see.

 

[Ikuu]

Nintendo are completely clueless when it comes to anything involving the internet.

 

[Tripon]

Nintendo are completely clueless when it comes to anything involving the internet.

Again, its YouTube and how they flag things.

 

[Randdalf]

It's quite clear that Nintendo are well within their rights to do this (whether it was intentional or automatic) as he is using their copyrighted work for commercial gain without permission.

Whether I'm happy that Nintendo is well within their rights to do this, well, that's another thing entirely...

 

[The Mighty Octopus]

Nintendo are completely clueless when it comes to anything involving the internet.

*Youtube

 

[Haunted]

I'm simply saying that YT sets the technology up, and NOA is painfully inept at dealing with these issues for its customers.

I agree.

At the end of the day, it's a lose-lose situation. Nintendo loses the free advertising from the podcast (not that something like Pokemon needs it, but you know), it creates more work for the makers, and we get a delayed podcast.


Whoever's responsible for this happening, whether it's Nintendo's ineptitude or Youtube's automatic routines, people shouldn't be happy with it. Though obviously the same problems don't seem to occur with other (PC-centric?) publishers, like TB alludes to in his tweets.

 

[MYE]

Movie distributors do this all the time with trailers. Forces people to go to their official channels where they have a controlled environment over how their investment is being marketed.

Not really hard to understand.

 

[Exile20]

I don't get why they would put part of the trailer in a podcast.

I don't really see how this is anti consumer.

He is just posting buzzword he knows nothing about because it is cool.

 

[Mr-Joker]

Fucking wake up, Nintendo.

It isn't Nintendo that's at fault here or did Nintendo have anything to do with this.

 

[Exile20]

Nintendo are completely clueless when it comes to anything involving the internet.

Do people just go into auto pilot trolling whenever Nintendo threads come up?

 

[Bitmap Frogs]

TB is an asswipe but Nintendo discouraging propagation of even marketing material like trailers is absolutely moronic.

 

[Batigol]

Just to move it away from just Nintendo fans:

He's pretty much being rude to anyone.

TB is a total prick shocker

 

[The Mighty Octopus]

Do people just go into auto pilot trolling whenever Nintendo threads come up?

You read my mind.

 

[jabuseika]

Hard to make up my mind about this, but I do agree that the video signature check system that youtube uses is broken, in that it allows for content to be blocked for just having a few seconds of another video.

I agree with jim

I know companies like Nintendo are trying to protect their content, but at what point does protection become alienation. You can argue that nintendo doesn't need the exposure, but it is still free advertising.

Nintendo's and other companies' policies might be in good nature, but the tools for detection are not up to par in order to prevent cases like this.

 

[Toad.T]

Do people just go into auto pilot trolling whenever Nintendo threads come up?

You read my mind.

Not to act all White-Knightish and such, but it's best to cool it with the persecution complex, regardless of if you can back up this ideal or not. Gonzo got banned on the first page of the thread for similar comments. Now who will buy chicken feed for Camilla?

 

[PKrockin]

Why's he throwing a fit? Because he won't get ad revenue? It's Youtube's automated content filter anyway, not Nintendo's.

Not to act all White-Knightish and such, but it's best to cool it with the persecution complex, regardless of if you can back up this ideal or not. Gonzo got banned on the first page of the thread for similar comments. Now who will buy chicken feed for Camilla?

I'd say he got banned for saying "GAF said that and now it says this" and something about the "GAF hivemind", which I know are specifically mentioned in the rules to not be allowed.

 

[VandalD]

Hard to make up my mind about this, but I do agree that the video signature check system that youtube uses is broken, in that it allows for content to be blocked for just having a few seconds of another video.

I agree with jim

I know companies like Nintendo are trying to protect their content, but at what point does protection become alienation. You can argue that nintendo doesn't need the exposure, but it is still free advertising.

Nintendo's and other companies' policies might be in good nature, but the tools for detection are not up to par in order to prevent cases like this.

Nintendo doesn't need the exposure from this podcast, but I wouldn't think it'd hurt. TB doesn't need Nintendo in the slightest, but the podcast isn't just about PC games, but games in general. Just think about if you were making a game. Would you not want an extra 100,000+ people to see your trailer? Nintendo not wanting their trailer in the video isn't anti-consumer, and it's perfectly within their rights, but it is pretty dumb, IMO.

Why's he throwing a fit? Because he won't get ad revenue? It's Youtube's automated content filter anyway, not Nintendo's.

Well, yeah. He does produce videos for a living. No idea on how much the automated copyright tracking crap plays into this. Polaris apparently has a contract with YouTube that is supposed to protect their producers from the majority of things like this through deals already set up with games publishers. Again, I doubt he's complaining that he has to do the work. He's more informing people that Nintendo are effectively blocking a podcast that people are wanting to watch, until the re-editing is done.

 

[ShellyDeKiller]

Maybe the OP title should be changed? They were never taking down anything in the first place...

 

[Haunted]

I know companies like Nintendo are trying to protect their content, but at what point does protection become alienation..

Given how TB said that he will steer away from covering Nintendo going forward due to issues like this, I think we've reached and passed that point already.

Nintendo doesn't need the exposure from this podcast, but I wouldn't think it'd hurt. TB doesn't need Nintendo in the slightest, but the podcast isn't just about PC games, but games in general. Just think about if you were making a game. Would you not want an extra 100,000+ people to see your trailer? Nintendo not wanting their trailer in the video isn't anti-consumer, and it's perfectly within their rights, but it is pretty dumb, IMO.

Well, yeah. He does produce videos for a living. No idea on how much the automated copyright tracking crap plays into this. Polaris apparently has a contract with YouTube that is supposed to protect their producers from the majority of things like this through deals already set up with games publishers. Again, I doubt he's complaining that he has to do the work. He's more informing people that Nintendo are effectively blocking a podcast that people are wanting to watch, until the re-editing is done.

Don't forget Nintendo planned to prevent Smash being streamed on the main stage at EVO until a huge backlash from the internet led them to retract that and claim that it was all a mistake and miscommunication.

The company can be very conservative about matters concerning the internet, appearing illogical and downright nonsensical sometimes. It's why people are so quick to believe that this has been their doing (even if it appears to be mainly YT's fault in this case). It's right in line with their past behaviour.

 

[HariKari]

Why's he throwing a fit? Because he won't get ad revenue? It's Youtube's automated content filter anyway, not Nintendo's.

Youtube is free advertising and Nintendo just doesn't get that or doesn't care. I'm not a big TB fan, seeing as how he defended Microsoft's DRM with fervor and terrible analogies, but he moves a lot of games for publishers with his channel.

 

[ShellyDeKiller]

My channel is full of Nintendo trailers and footage. All I have to do is acknowledge third party content. Nothing is blocked or taken down...

Unless of course, he's trying to make money off it, then...

 

[EloquentM]

My channel is full of Nintendo trailers and footage. All I have to do is acknowledge third party content. Nothing is blocked or taken down...

Unless of course, he's trying to make money off it, then...

Bingo

 

[The Mighty Octopus]

Not to act all White-Knightish and such, but it's best to cool it with the persecution complex, regardless of if you can back up this ideal or not. Gonzo got banned on the first page of the thread for similar comments. Now who will buy chicken feed for Camilla?

Well there's a difference between persecution complex and correcting obviously incorrect statements. And then some people clearly aren't doing any research, or just trolling. If jimmies are getting rustled over that then...lol

 

[espher]

I am honestly genuinely impressed that someone who ostensibly makes a living off of monetizing content on YouTube is not familiar with YouTube's process and policies for content ID match flagging.

 

[Mr-Joker]

I know companies like Nintendo are trying to protect their content, but at what point does protection become alienation. You can argue that nintendo doesn't need the exposure, but it is still free advertising.

Nintendo's and other companies' policies might be in good nature, but the tools for detection are not up to par in order to prevent cases like this.

The whole thing could have been easily avoided have they just asked Nintendo permission to use for the podcast, but they didn't so they reap what they sow.

Why's he throwing a fit? Because he won't get ad revenue? It's Youtube's automated content filter anyway, not Nintendo's.

Pretty much, he makes his living on other people's content.

Given how TB said that he will steer away from covering Nintendo going forward due to issues like this, I think we've reached and passed that point already.

Mean nothing from Totalbiscuit as his channel is primarily a PC gaming channel.

Don't forget Nintendo planned to prevent Smash being streamed on the main stage at EVO until a huge backlash from the internet led them to retract that and claim that it was all a mistake and miscommunication.

Well look at it from Nintendo's side. What would they gain from advertising Melee, which was 11 years old?

Remember they want people to focus on Smash Bros 4, not an old game that they can't make money on anymore.

 

[PhoenixDawn]

But,but I want to monetize showing off trailers that I had no part in making for a product I'm not connected to at all! Nintendo's just mercifully blocking us all from having to be subjected to content from TotalBiscuit. Nintendo does have weird decisions with regard to some social media things, but this definitely isn't one of them.

 

[Talyn]

I am honestly genuinely impressed that someone who ostensibly makes a living off of monetizing content on YouTube is not familiar with YouTube's process and policies for content ID match flagging.

Oh he's well aware, he just doesn't think it should apply to him.

 

[Tripon]

Youtube is free advertising and Nintendo just doesn't get that or doesn't care. I'm not a big TB fan, seeing as how he defended Microsoft's DRM with fervor and terrible analogies, but he moves a lot of games for publishers with his channel.

No, TB is using this to attack a company when he knew he didn't follow the rules. His hand got caught in the cookie jar, and he's claiming that the jar is the one at fault.

 

[jabuseika]

Maybe the OP title should be changed? They were never taking down anything in the first place...

At first it wasn't clear whether it was taken down or blocked from uploading, it should be blocked since it's more general of a statement and no details were given after.

 

[Divvy]

If it's anyone's to blame here, it's the RIAA

 

[Bulbagarden]

I am honestly genuinely impressed that someone who ostensibly makes a living off of monetizing content on YouTube is not familiar with YouTube's process and policies for content ID match flagging.

Well, that's assuming he's really as clueless as he's making himself out to be. Manufactured controversy is a real thing, and can be surprisingly effective at driving traffic to your content. I could easily see a scenario where he created something he knew would fall foul of the content matching system on purpose, so as to give himself an excuse to kick up a fuss and bring attention to his podcast, in the hope that more people would then watch the "censored" podcast when it was put up. The exact same strategy has been used by many firms who create ads they know broadcasters will refuse to screen, and then put them online (either officially, or through "leaks") while making a big fuss about how it's so unfair they weren't allowed to screen the ad.

 

[antitrop]

Well, that's assuming he's really as clueless as he's making himself out to be. Manufactured controversy is a real thing, and can be surprisingly effective at driving traffic to your content. I could easily see a scenario where he created something he knew would fall foul of the content matching system on purpose, so as to give himself an excuse to kick up a fuss and bring attention to his podcast, in the hope that more people would then watch the "censored" podcast when it was put up. The exact same strategy has been used by many firms who create ads they know broadcasters will refuse to screen, and then put them online (either officially, or through "leaks") while making a big fuss about how it's so unfair they weren't allowed to screen the ad.

Yeah, I don't think so.

 

[EricDiesel]

God I hate this fucking guy. If only this said he's going stop making all of his videos. Too bad.

 

[Bulbagarden]

Yeah, I don't think so.

I'm not saying that he has done that, merely that I could see it as a plausible scenario given that you would expect someone who makes a living from monetizing YouTube content to know the boundaries they can and can't cross.

 

[Dantard]

That's exactly what's happening. God forbid people can't make money off of someone else's content.

Three freaking hours of podcast + one minute *trailer* of Polémon (trailer, as in: ADVERTISEMENT) in it = IT'S NINTENDO'S PODCAST NOW AND ALL THE MONEY SHOULD GO TO IT. Yeah, *that* seems right.

 

[antonz]

YOUTUBE has an automated system that scans everything uploaded on youtube over time. When Nintendo uploaded the pokemon trailer they did so claiming complete ownership of the content.

The automated system then detects content owned by someone else and kicks in and does what YouTube programmed it to do.

It is unfortunate that people who have access to the internet still have no fucking clue how the internet works. Nintendo isn't hiring millions of people to scour youtube.

 

[Uncle Rupee]

They could probably get around that by desaturating any Nintendo videos they want to include in their podcast to black and white, or flipping the video right-to-left. Not that they should have to do that, of course. Nintendo should be happy that anyone is sharing their videos at this point. And of course TotalDouche would over react to this since he feels Nintendo should make his exalted channel exempt from any rules.

 

[Exile20]

Three freaking hours of podcast + one minute *trailer* of Polémon (trailer, as in: ADVERTISEMENT) in it = IT'S NINTENDO'S PODCAST NOW AND ALL THE MONEY SHOULD GO TO IT. Yeah, *that* seems right.

The fact it is a trailer is not the point here.

So where is the line drawn? 1 minute? 2?3? 60?

I wonder if I can use your argument in court and create a product and use someone's patent in it. it would be okay once it is only 1/180th of the whole product right.

 

[Mr-Joker]

They could probably get around that by desaturating any Nintendo videos they want to include in their podcast to black and white, or flipping the video right-to-left. Not that they should have to do that, of course. Nintendo should be happy that anyone is sharing their videos at this point.

Again, it has nothing to do with Nintendo. It's all Youtube automating system that's at fault.

 

[Uncle Rupee]

Again, it has nothing to do with Nintendo. It's all Youtube automating system that's at fault.

Technically speaking Nintendo could flip a switch so that none of its videos pull copyright claims.

 

[mollipen]

Serious question: We (video game magazine) take promotional assets Nintendo releases (screenshots) and combine them with commentary is a product (magazine) that we make money off of. We also do it with trailers for digital magazines.

For people saying it's wrong for a guy like this to do what he's doing, how is what he's doing different?

 

[Soule]

So lots of people saying it's YT not Nintendo but I haven't seen any threads complaining about MS, Sony, Blizzard, Valve, etc. having the same issue. Don't browse GAF as much these days but if someone could direct me to this happening with other companies it would make it a lot easier to take the blame away from Nintendo.

 

[Mr-Joker]

Serious question: We (video game magazine) take promotional assets Nintendo releases (screenshots) and combine them with commentary is a product (magazine) that we make money off of. We also do it with trailers for digital magazines.

For people saying it's wrong for a guy like this to do what he's doing, how is what he's doing different?

Because they have permission from Nintendo to do that. Totalbiscuit on other hand didn't even bother to ask Nintendo or the Pokémon company if he could use the clip for his video, instead he just took it upload it and tried to make money on it.

He's hardly innocent in this.

 

[cascardian]

God I hate this fucking guy. If only this said he's going stop making all of his videos. Too bad.

You know, I sometimes wonder: How can a person hate another person with such vitriol that you would wish to see their livelihood destroyed if all you know of said person are comments on the internet? And we're talking about a person who's not only providing free-to-watch content that's interesting enough so a good hundred-thousand-and-more people will regularly tune in, this is also someone who's invested large sums of money and time into gaming, e-sports etc., a lot of which he has not made back. He contributes. (And let's not even talk about having a very busy schedule and a kid to raise and all the previous visa issues he had to endure and whatnot.) My point is: This is not a person you would normally classify as "bad". Even if you were to dislike him based on just his internet comments, I would still expect a healthy amount of respect for a fellow human being and at least the recognition that people are usually made of enough shades of grey as to not deserve such seething hate.

I know GAF has a fairly widespread population, but stuff like this still sometimes makes me wonder about the age of some of its participants. At least the hiveminding is not as strong or obvious as elsewhere where, e.g., upvote systems are in place. And yeah, I know that if this were Slashdot, I'd deserve a "you must be new here" for the paragraph above.

On-topic: Yes, this is very probably YT's Content ID system at work. I see that it still works pretty haphazardly in that it either still has no algorithmic concept of Fair Use, Nintendo specifically forbade use of all its content or Google does not dare implement such an algorithm, because under US law Fair Use remains an affirmative defense; all the while, though, of course, other monetised Nintendo videos elsewhere on YT remain online, with no mirroring or other obvious avoidance techniques used. For people who's livelihood is on the line, I just hope that YT's takedown response team is quick.

 

[Talyn]

Three freaking hours of podcast + one minute *trailer* of Polémon (trailer, as in: ADVERTISEMENT) in it = IT'S NINTENDO'S PODCAST NOW AND ALL THE MONEY SHOULD GO TO IT. Yeah, *that* seems right.

No it doesn't seem right but given the same thing happened mere weeks before with a Square Enix trailer on the podcast one would think he wouldn't have made the same mistake again especially given Nintendo's history with Youtube monetization. As I said earlier, in that case he didn't threaten to boycott them but now he's waging a pointless boycott against Nintendo. His channel is PC oriented, the only time he ever mentions anything else is during the podcast or his news show and he doesn't give a fuck about Nintendo there either. All he's really getting out of this is some publicity for the podcast which allegedly has not been getting the views it used to. Conspiracy theory? Most likely but still there's just enough there that I wouldn't discount it entirely. More likely it's just TB being a melodramatic douche as usual though.

 

[antitrop]

I know GAF has a fairly widespread population, but stuff like this still sometimes makes me wonder about the age of some of its participants. At least the hiveminding is not as strong or obvious as elsewhere where, e.g., upvote systems are in place. And yeah, I know that if this were Slashdot, I'd deserve a "you must be new here" for the paragraph above.

I've been following Totalbiscuit for years, and as a PC gamer and StarCraft II fan, I'm deeply intimate with his work. He can be an asshole almost all of the time, but he puts out great content and he is valuable.

You have to realize that many people's first exposure to him was his arguing in favor of Xbox One DRM and the removal of used games (as a PC gamer that eschews such things anyway), which was extremely controversial.

He's a PC guy, but he dipped his foot in the console wars, man. He should have stayed out of it.

 

[Terrell]

I am honestly genuinely impressed that someone who ostensibly makes a living off of monetizing content on YouTube is not familiar with YouTube's process and policies for content ID match flagging.

Considering all the people here attributing blame to Nintendo, I'm not. Considering how up on technology people claim to be, not knowing anything about how YouTube works at this point is just silly. That TotalBiscuit is throwing a tantrum over this makes it seem as though he doesn't either, and he uses YouTube ALL THE TIME. By some accounts in this thread, this has already happened to him with non-Nintendo content.

People need to actually look into things before they form an opinion or rake anyone over coals. SERIOUSLY.

So lots of people saying it's YT not Nintendo but I haven't seen any threads complaining about MS, Sony, Blizzard, Valve, etc. having the same issue. Don't browse GAF as much these days but if someone could direct me to this happening with other companies it would make it a lot easier to take the blame away from Nintendo.

There is another perfectly simple explanation for this and it's staring you right in the face.

 

[Dantard]

The fact it is a trailer is not the point here.

So where is the line drawn? 1 minute? 2?3? 60?

I wonder if I can use your argument in court and create a product and use someone's patent in it. it would be okay once it is only 1/180th of the whole product right.

It is a copyright CLAIM. Nintendo is saying that it owns the *whole three hour podcast revenue* because it showed a one minute advertisement of its product.

That's like me making a movie, a Ferrari gets shown, a character says "hey, a Ferrari, I like those" and Ferrari claims the profits for the entire movie. It may say that it doesn't want its product shown on the movie and have the movie taken down from cinemas etc., sure, but claim the profits? Good luck with that case in court son.

And that's not even going into how dumb Nintendo is for doing so, as showing a trailer is even less of an issue than Let's Plays as it is showing people *the exact part that Nintendo wants to be shown*, it is the *whole purpose of a trailer*.

No it doesn't seem right but given the same thing happened mere weeks before with a Square Enix trailer on the podcast one would think he wouldn't have made the same mistake again especially given Nintendo's history with Youtube monetization. As I said earlier, in that case he didn't threaten to boycott them but now he's waging a pointless boycott against Nintendo. His channel is PC oriented, the only time he ever mentions anything else is during the podcast or his news show and he doesn't give a fuck about Nintendo there either. All he's really getting out of this is some publicity for the podcast which allegedly has not been getting the views it used to. Conspiracy theory? Most likely but still there's just enough there that I wouldn't discount it entirely. More likely it's just TB being a melodramatic douche as usual though.

Well, I'm not talking about TB should or shouldn't do, I'm talking about the insanity of Nintendo's business conduct perpetuated by Youtube's unruly copyright claim system.

 

[cascardian]

I've been following Totalbiscuit for years, and as a PC gamer and StarCraft II fan, I'm deeply intimate with his work. He can be an asshole almost all of the time, but he puts out great content and he is valuable.

You have to realize that many people's first exposure to him was his arguing in favor of Xbox One DRM and the removal of used games (as a PC gamer that eschews such things anyway), which was extremely controversial.

He's a PC guy, but he dipped his foot in the console wars, man. He should have stayed out of it.

Yes, and as per Kyle Bosman's latest video, this is probably sound advice for a lot of people